
Qass. 
Book. 



43d Conoeess, » SENATE. ( Kepoet 453, 

ls( Session, i -J^ \ ^-^^^'t 3. 



REFORT 



THE JOINT SELECT COMMITTEE OF CONGRESS AP- 
POINTED TO INQUIRE INTO THE AFFAIRS 
OF THE GOVERNMENT OF THE 
DISTRICT OF COLUMBIA ; 



TOGETHER WITH 



THE JOUENAL OF THE COMMITTEE, ANSWER OF 
THE GOVERNOR, CHARGES, ARGU- 
MENT, AND TESTIMONY. 



WASHINGTON: 

GOVERNMENT P R I N T I N Cf O F F I f ! K . 
1874. 



:) 






i-jLG 15 1908 

D. ot a 



TESTIMONY. 



Saturday, Ajn-il 18, 1874. 

The committee met pursnant to adjournment. 

The journal of yesterday's proceedings was read and approved. 

C. E. Evans sworn and examined. 
By the Chairman : 

Question. Mr. Evans, I am directed to make some inquiries of you in 
relation to your work. You were a contractor, I believe, in this city? — 
Answer. Yes, sir. 

Q. You had the contract for the Avork around P-street circle, had you 
not? — A. Yes, sir; for the concrete, and, I believe, setting the curb 
also. 

Q. Did you use the gutter and cobble stone on Connecticut avenue in 
doing your work; that which you found upon the street there? — A. I 
do not know that I understand your question. 

Q. It is stated here that all the gutter and cobble stone on Connecti- 
cut avenue, from K street to the boundary, were used by you or your 
company in doing this work ; is that true or not ? — A. I do not know. 

Q. Did you personally supervise this work ! — A. No, sir. 

Q, Who did supervise it f — A. I had superintendents at the head of 
three different departments. I was absent the most of my time from 
the city. I will say, however, that if we used any stone I have no doubt 
it is charged to us by the board. 

Q. J)id you use any of the gutter-stone around P-street circle ? — A. I 
cannot say. 

Q. J)id you use any of the gutter stone on Massachusetts avenue? — 
A. 1 do not know. 

Q. Had you any controversy in relation to the work around P-street 
circle with John O. ICvans ; and, if so, what? — A. None whatever, that 
1 can now call to mind. 

(^. Was there any contest between you and John O. Exans as to who 
should do that work ? — A. No, sir. 

Q. Did you have any difficulty with John O.Evans in relation to 
any work ? — A. None whatever; none that 1 can now remember. 

Q. Did you have any stone-crushers'? — A. Yes, sir. 

Q. How many?— A. Five. 

(^. Did you crush the stone taken from I, between Fifteenth and Seven- 
teenth streets ? — A. Yes, sir. 

Q. What did you do with them 1 

The Witness. After I crushed them ? 

The Chairman. Yes, sir. 



1230 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

A. I presume, of course, tbey went on the streets for macadamizing, 
though 1 bought those stone of the Government. 

Q. Do you remember the extent of your contracts with the board of 
jiublic works ? — A. Not definitely ; 1 do not. 

Q. Do you remember the aggregate? — A. Somewhere near a million 
of dollars, I think. That is notdefinite ; it is only from my recollection. 

Q. Did you have any partners in your work? — A. Yes, sir, 

Q. Who were they? — A. Thomas J. Fisher, of New York, had an 
interest in the work with me. 

Q. Any one else ! — A, l^o, sir ; but some of my employes to whom I 
promised an interest in the earnings on certain conditions. 

Q. Did any one else share the profits with you in any way ? — A. No, 
sir ; there has been no profits to share. 

Q. Did you contribute any portion of these earnings to any person 
whatsoever! — A. No, sir. 

Q. Or promise to do so ? — A. None but to the parties I have named. 

Q. Mr. Fisher and your employes ? — A. Yes, sir. 

Q. Did you ever have any conversation with any member of the board 
of public works in relation to the distribution of profits I — A. No, sir ; 
you are speaking of the profits of my work ? 

Q. Yes, sir ; on contributions arising out of your contracts. — A. No, 
sir ; not that I can now call to mind. 

Q. You never had any arrangement with any person for a contribu- 
tion except your partner, ]\[r. Fisher, and your employes ? — A. I think 
there is one exception to that, sir. 

Q. Will you state that exception, if you jdease ? — A. And yet that 
was an employe. It was not a member of the government. I was to 
give an employe — another employe — a certain portion of the profits on 
a few blocks of pavement ; but that was really an employe. 

Q. An employe of yours'? — A. Yes, sir. 

Q. Was he an employe on the work? — A. No, sir. 

Q. What do you mean by an '-employe?" — A. Well, it was a man 
who undertook to settle my accounts with the board, I being absent 
meeting a Representative here. There was no member of the board had 
anything to do with that, nor anybody but this one party that I know of. 

Q. He was to settle your accounts ? You employed him to settle 
your accounts with the board? — A. That was part of his duty, to settle 
my accounts. 

Q. What was the l)alance of his duty ? — A. That was all of his duty. 

Q. Was that after the work was done? — A. No, sir; while the work 
was in progress. That was only part of the work also. 

Q. Who had the management of your work there ? — A. My work was 
divided off in departments — the laying department, mixing preparation 
of material and laying upon the street, was, for the most of the time I 
was here, under the charge of Mr. Sumner Bullard, of Brooklyn. 
Q. AVho had charge of your books ?— A. Mr. H. W. Mitchell. 
Q. Who had charge of your payments ? — A. Mr. Mitchell — my pay- 
ments to my employes and everything here in the District. 

Q. He was your business manager? — A. No, sir; I called him my 
clerk and cashier. 

Q. He drew checks ? — A. Yes, sir ; on the bank. 
Q. And made settlements ? — A. In the District ; yes, sir. That is, he 
made settlements, except in New York, where I purchased materials. 

Q. Did he continue in your employ until the end of your work ? — A. 
He did. 

Q. Where is he now ? — A. I think he is on the sea, between here and 



TESTIMONY OF C. E. EVANS. 1231 

Portland somewhere. He started by a sailing vessel. He was sum- 
moned here, and in attendance for some time before your committee. 

Q. Do you refer to liim in your statement in reliition to accounts ? 
You say you agreed to pay a portion of your profits to somebody. Do 
you refer to bim ? — A. No, sir. 

Q. To whom do you refer ? — A. I refer to Mr. TV. W. Warden. 

Q. An attorney here? — A. 1 believe that is his — I do not know that 
he is an attorney. 

Q. ]\Ir. Worden was to settle your accounts with the board of public 
works f — A. Yes, sir. 

Q. Was Mr. Mitchell still in your employ at this time? — A. Y^es, sir. 

Q. What was your contract with Mr. ^Varden ? — A. An interest in 
three or four blocks of pavement, which I was to give him. 

Q. What blocks ? — A. On K street. If I remember correctly, they 
■were between Third and Seventh or Fourth and Seventh. 

Q. How much were you to give him ? — A. I agreed to give him all the 
profits above the actual expense of laying the pavements. 

Q. For what f — A. AYell, sir, he was to settle my accounts with the 
board. 

Q. For that particular work ? — A. For that particular work. 

Q. Had he anything to do with any other work ! — A. AYell, for all my 
work. O, any interest in any other work ? 

Q. No, sir. You say he was to settle your accounts -with the board 
for this particular work ? — A. No, sir ; he was to settle my accounts 
with the board, and I was to give him this interest in this particular 
work. 

Q. He was to settle your accounts with the board for all the work 
done by you ? — A. Yes, sir. 

Q. Was that a wooden pavement? — A. Concrete. 

By Mr. Thurman : 

Q. Where does the wooden pavement begin on K street? — A. I do not 
recollect. 

Governor Shepherd. It begins at Ninth, an I runs west. The con- 
crete is on the east side, and runs to Third. 

Mr. Thueman. From Ninth to Third ? 

Governor Shepherd. No, sir; from Seventh to Third. There>erva 
tion there fills up the balance. 

By the Chair^ian, (to the witness :) 

Q. Have you had a settlement with the board of public works ? — A. 
No, sir ; I have failed to get one as yet. 

Q. Y'ou failed to secure the settlement with the board ? — A. Yes, sir. 

Q. Have they paid you for any portion of your work ? — A. Y'es, sir. 

Q. What portion ? — A. I think they owe me about 8100,000 balance. 

Q. An unsettled balance ? — A. Y'es, sir. If you will allow me, sir. I 
am speaking — it is a sort of guess-work. I worked in the District here 
at arm's-length. I was in New Y'ork, and worked through employes. 

Q. You say you were to give Mr. Warden an interest in four blocks 
or three blocks ? — A. It is the work done on K street. I really cannot 
remember whether it was three or four. 

Q. What were the profits upon that work ? — A. I cannot tell you now, 
sir, only by approximation. 

Q. Well, that will do ?— A. Probably somewhere between 83,000 and 
84,000. Those are estimated figures. 



1232 AFFAIRS IX THE DISTEICT OF COLUMBIA. 

By Mr. Wilson : 
Q. Who is Mr. Warden ? — A. I cauuot tell you, any further thau that 
he is a citizen here, I understand. 

Q. What is his occupation ? — A. He tokl me that he was an attorney; 
a sort of general agent; a press reporter. 
Q. A press reporter ! — A. Yes, sir. 

Q. Do you not know him as a correspondent of newspapers in this 
€ity ? — A. Only through his own — not in the city. 

Q. Not a correspondent of the city newspapers, but a correspondent 
in the city of newspapers? — A. He so informed me ; that is all I know. 

Q. How long have you known him ? — A. I think ] met him first in 
New York early in July last, to the best of my recollection. 

Q. That was the first time you saw him ? — A. Yes, sir. 

Q. How often have you met him since then f — A. It would be impos- 
sible to tell ; a great many times. 

Q. What time did you make this contract with hiiu ? — A. I think it 
was early in October; possibly the latter part of September. 

Q. How frequently had you seen him prior to the time you made this 
contract with him ? — A. Not very frequently. 

Q. How came you to select him as the party to make your settlement 
with the board of public works of all your contracts f — A. I would like 
to make a statement first before I answer that question. My statement 
is this : That I have now a suit pending against Mr. Warden for em- 
bezzlement ; that is the polite word given to it, I believe ; and I am 
iidvised by my lawyer to request the committee not to ask me to disclose 
all the facts about this case of Mr. Warden for fear that it will seriously 
injure me in my suit, by advising Lim of my whole line of action. 

The Chairman. We will take your statement privately. We desire 
to do you no harm, sir. 

The Witness. I do not know that there would be any objection to 
that. I do not like private consultations, as a general thing. 

Mr. Wilson. We want to get at the facts and we do not want to do 
you any harm in getting them. It is simply, for your benefit. We shall 
have to get the facts, and if you prefer to give them in private, rather 
than in public, we have no objection. 

The Witness. I prefer to, give them to the committee in private. 

[The committee then retired with the witness to the adjoining room.] 

The committee having returned to the committee-room, the chairman 
said : 

W^e will state to counsel that, on consultation, it was thought best 
by the committee, as well as by the witness, that whatever statements 
he should make should be made in open committee, so that no testi- 
mony has been taken b}' the committee, nor any question put to the 
witness touching this matter while we have been in the other room. 

The Witness. I would like the chairman to give the reason for that. 

The Chairman. Mr. Evans states that he prefers, if his testimony is 
to be taken, that it shall be taken publicly; if we are to use his testi- 
monj' at all he desires it to be given publicly. 

By the Chairman : 

Q. How came you to select Mr. Warden as the party to make the 
settlement'? — A. I think it was mainly from long importunity on mat- 
ters between him and myself, or rather on his part — importunity on his 
part ; mainly and principally that. Mr. Warden represented to me 
that he had a great deal of influence, and understood that there was 
^reat difficulty between me and the board, and a number of times — in- 



TESTIMONY OF C. E. EVANS. 1233 

numerable times— came to me lioldiiig up bis great iuflueuce, and all 
tbat sort of tbing ; and tbis was tbe result of tbose conferences, 
mainly. 

Uy Mr. Wilson : 

Q. Witb wbom did be profess to bave tbis influence ? — A. He pro- 
fessed to bave intlueuce witb almost everybody in tbe District ; but be 
specially said tbat be bad intiuence witb, as be called tbem, "Jim 
Magruder and Alec E. Sbepberd." 

Q. Did you bave any conferences witb any otber persons tban Mr. 
Warden witb respect to wbetber be bad tbis intiuence or not, or bad 
any intiuence witb tbose parties ? — A. Only witb tbe gentlenmn wbo 
introduced bim to me or me to liim, in my office in New York, in July 
last, in relation to tbe intiuence be bad. 

Q. Wbo was tbat party f— A. Tbat was Mr. , a news- 
paper reporter, wbose name does not just come to me now. He was a 
young man, witb wbom I got acquainted bere. Mr. Copeland, I tbink, 
is bis name. A small, sbort gentleman — a very nice gentleman. 

Q. After tbe interview in Xew York were you often in Wasbingtou ? — 
A. Yes, sir ; I tbink as often as once every ten days. 

Q. Did you make inquiries bere in relation to Mr. Warden and 
bis relations to tbe parties witb wbom you were dealing in tbis city ? — 
A. I do not tbink tbat I made any inquiries, sir. I cannot call to mind 
tbat I did. 

Q. Tben you wisb to be understood tbat npon tbe statements tbat 
were made to you by Mr. AVardeu and Mr. Copeland you entered into 
an arrangement witb Mr. Warden, by virtue of wbicb be was to settle 
your accounts and get tbe profits on tbis worlv as a compensation ? — 
A. Mainl}^ so. 

Q. Mainly so ? — A. Tbat is to say — will you let me tell tbis in my 
own way. You ask me questions. 

Q. I will be glad if you will give me tbe wbole story. — A. W^ell, it is 
very sbort. To tell you tbe wbole story of tbe relations between myself 
and Mr. Warden would perbaps take a long time, but I can condense it, 
for all material points, to a very few words, if you will allow me. Mr. 
Warden represented liimself to me at tbat interview as tbe bead, or 
cbairman, or president, tbe general bead of tbe press association of tbe 
city — of tbe newspaper correspondents in tbe city. I do not remember 
tbe exact words be used, but tbe impression be left on my mind was 
tbat be was tbe principal man among tbe newspaper correspondents 
bere. I tbink — I am satisfied — tbat I am not doing bim any injustice in 
tbis statement. He was going to obtain a contract for me. He was 
very earnest to obtain for me a large contract of over 500,000 yards of 
pavement, and wanted me to give bim an interest in tbat. He tbougbt 
at first tbat be ongbt to bave a dollar a yard interest. I am not certain 
wbetber it was Mr. Warden wbo mentioned tbe dollar a yard, but some- 
body did to me. I tbink it was be. He never obtained tbat contract. 
Time after time be wanted me to go and see tbe governor. He bad it all 
arranged. I stayed away from tbe governor. I avoided tbe governor on 
tbis subject. I never asked tbe governor, or any member of tbe board of 
l)ublic works, for a contract on Mr. AVarden's account, to tbe best of my 
knowledge. 1 di<l, bowever, sometime in September, 1873, say to Mr. AVar- 
den, " If you can procure me a contract for concreting tbe streets imme- 
diately adjacent to my works, wbere tbe baul from tbe works to tbe street 
will l)e sbort, I will give you a very liberal interest in tbose." He asked 
me to name tbe streets. I did so, on a piece of paper. In my presence be 
78 D c T 



1234 AFFAIRS I\ THE DISTKICT OF COLUMBIA. 

wrote a letter, which he read to, me, to the jjoverrior, asking bim for a 
contract for the Evans Concrete Company on those streets. 1 do not 
know that he sent the letter. After that lie repeatedly assured me that 
everything- was right ; that the contract was right ; that he only had to 
apply for it to get it ; and that I could have until the end of 1874 to lay it 
in. I think it was tiie end of 1874; some tiuie in 1874; I would not be 
positive about the time in 1874. 1 still stayed away from the governor 
and irom the members of the board of i>ublic works, aiul had nothing to 
say to them on this subject. He informed me that he had made re- 
peated appointments with me to meet Governor t5liei)herd, both here and 
in New York. One morning, 1 think it was in October, as I w;is going 
up to the governor's office to see him in reference to the settlement of 
my accounts, be met me and went up with me. "Now," be says, "we 
will tix this ; everything is right ; I am going to get that contract." He 
went in ahead of me and saw the governor a moment, or a very short 
space of time. 1 followed him in. Mr. Shepherd turned to me and said 
very distinctly, "Evans, I will give you no moie contracts until you 
finish your work." I think those were the words. He couiplimented 
me on that occasion by saying that I was the best man on promises 
that he ever met, and the slowest on performances. 

Mr. HarrinCtTON. The great American promiser. 

The Witness. He and Mr. Warden had a still further conference on 
the subject; but I did not get the contracts ; 1 did not apply for them ; 
Mr. Warden did not obtain the contracts, to the best of my knowledge. 

By Mr. Wilson : 

Q. You have no knowledge of the contracts ever having beeq awarded 
to you ? — A. None, sir ; and I never applied for them, to the best of my 
knowledge. The governor bad said to uje, " Whatever interest you may 
have, or Warden is going to have w4th you, let it apply on K street ; that 
little work I gave you on K street ; you can do soaiething for him there," 
or some such general reuuirk as that. I thought I was obliging the 
governor. I have since found reason to believe that I was not. I 
agreed to give bim that interest, but I said, "For that you mast go to 
work and settle those accounts of mine with the board." 

Q. You said that to Warden ? — A. Yes, sir. 

Q. In the presence of the governor? — A. No, sir; I think not. I bad 
nothing whatever to say to the governor. I believe I did protest, and 
said 1 did not make any money, or much money, and did not want to 
divide up, or something like that. I said nothing to the governor on 
that occasion or any other occasion that I can now call to mind in re- 
f«^rence to Mr. Warden, or to the contracts, or to my relations with Mr. 
Warden, or the pay 1 was to give him. As I came out from that con- 
ference, however, I said to Mr. Warden, " Now, this whole thing has 
ended in giving you an interest in that work, and you must go to work 
and do something for it. I bad at that time a requisition for $00,000 
before the board. After a long conference between the governor and 
Mr. Lay, the auditor, the governor approved my requisition. I think I 
went at once with that approved requisition to see the treasurer. Colonel 
Magi uder. He put me off so many days that I turned that over unto Mr. 
Warden's hands for settlement, and he obtained auditor'scertilicateson it, 
and ultimately, 1 believe, sewer-certibcates for the auditor's certiticates ; 
for the most, if not all of them. For that I told him I would give bim 
$1,000 additional, which I did. I subsequently gave bim $4,000 more, 
either in sewer-bonds or auditor's certiticates, I cannot tell which. 1 
think that is correct ; $5,000 in all. At one of my visits here, shortly 



TESTIMONY OF C. E. EVANS. 1235 

after tlmt, Mv. Warden called Jiiy alteptiou to tlie fact that ai)avt.v who 
was suiiiii' me was about to issae some sort of a i)rocess on the board to 
stop any further payments to me, aiul, if my memory serves me cor- 
rectly, (and I would like to reserv^e the ri,«>ht to correct this, after look- 
ing at my ])av)ers,) he su<»<iested that 1 at once give him an order, as my 
agent, for «-(),()()(), and everybody else whom I owed — anybody whom I 
owed anything to in the District, or any friend I could trust with orders, 
and to put them in his hands, and he would go down before this attach- 
ment was served and get them entered on the board, so as to prevent this 
attachment i'rom annoying me. I think that was the occasion of my 
giving him the order for 8-0,000, to the best of my recollection. I 
said to him, "I do not want you to collect this," and he re[)lied, jocu- 
larly, " there was no fear of it; but if 1 do collect it, I will hold it 
subject to your order.'' Some time along about the middle of January, 
1 think, I telegraphed and wrote him — at all events I wrote him — either 
telegrai)hed or wrote him — to send the order to me. He replied, much 
to my suri)rise, that the order was his, and not mine, and that I so un- 
derstood it, and refused to give it. On receipt of his letter I revoked 
the order on the board, giving Mr. Warden the right to represent me 
with the board, and replied to his letter stating my surprise that he 
should claim my property, to dispose of it without my consent. That 
is about the result of my connection with Mr. Warden. 

Q. Do you know whether 3Lr. Warden got that twenty thousand dol-- 
lars or not ? — A. I do ; he did get it; he got the auditor's certificates 
for it. 

Q. Do you know what he has done with these certificates! — A. I do 
not. 

Q. Do you know whether the money has been paid on those certifi- 
cates or not ? — A. I do not think it has. My attorney has issued some 
sort of process to prevent the money being paid on the certificates. 

Q. How long since that was done ? — A. I cannot tell the date, but I 
think somewhere about a month ago. I may be mistaken about that; 
1 advised my attorney to get it at once. Will. you let me say also, that 
I learned subsequently that ten thousand dollars of auditor's certificates 
was paid to Mr. Ward-en in December, I think about the middle of De- 
cember, so that my order to revoke that order of his would only have 
stopped any way, ten thousand dollars ? 

Q. He did receive ten thousand dollars ? — A. Yes, sir; that was the 
first 1 knew of that. 

Q. What was ihe nature of the controversies between you and the 
board which made it necessary for you to get somebody to assist you in 
making settlements with the board '! — A. I think the principal contro- 
versy was that m^- accounts had not been proi)erly attended to by my 
rei)reseutatives. Bills had not been rendered, measurements had not 
been given in, and other contractors had their nuMisurements and bills 
given in properly. Tliere was a good deal of uncertainty as to what I 
did. It had not i)roi)erly come before the board. That is my impres- 
sion about it. 

Q. Was there anything between you and the board that was in dis- 
pute in reference to your work ? — A. Only as to the (piantity that 1 had 
done. 

Q. That was a matter to be ascertained by measurements made by 
the engineer's department, was it notf — A. l*artially so. Not wholly so, 
iiowever All the contractors had to do some work outside of their con- 
tra(;ts, as I had to — extra work — additional work. 

(}. Would not that be a matter that would oiiie uiidrr the supervis- 



1236 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

ion of the engineering' departmeut of this District 'I — A. oSTow, I cannot 
tell you that, sir. In my case, if it was to come nnder tlie engineer's 
departmeut, it did not, and 1 was informed that I had neglected my 
duty in not presentiug to the board bills for all such work. 

Q. You say that there was a long conference between Mr. Lay, the 
auditor, and the governor in regard to some $GO,OUO worth of work ? — 
A. That is the sum. I think it was $GO,000. 
g (Q. Were you i)resent at that conference "? — A. 1 was, i)artof the time. 

Q. What was the nature of that conference ? — A. The governor wished 
to be thoroughly satisfied, solar as I understood it, thai, the board owed 
me ; as to the amount the board was indebted to me, and what amount 
of my work had been andited by Mr. Lay. 

Q. Mr. Lay went over the books and examined them, did he ? — A. I 
suppose so. 

Q. Was it determined from the books? — A. Yes, sir; I suppose so. 
I do not know that. 1 do not know how it was determined. He made 
a statement to the governor that there was so much due uie on the 
measurements then in. 

Q. AVell, there was no occasion for the services of Mr. Warden to set- 
tle a matter of that sort, was there 1 — A. There Was an occasion for 
some one to be here in communication with the board, to have proper 
bills rendered. 

Q. You were liere yourself, were you not ? — A. O, no, sir. I was 
here semi-occasionally. 

Q. T thought you were here when that conference was going on ? — A. 
That is the truth ; but it needed some one here, (doing the amount of 
work that I contracted to do in connection with the board,) it seems, 
about all the time. 

Q. Now, what other employe did you promise profits to beside Mr. 
Warden ? — A. I promised conditionally 

Q. To whom? — A. Profits of one-eighth interest, to be divided equally 
between Mr. Bullard and Mr. Foote, of New York. 

Q. What were the conditions ? — A. That they would faithfully, ener- 
geticall}', and economically administer their departments. 

Q. They were employed in doing the work "? — A. Yes, sir. 

Q. I mean, were there any other persons outside of these who were 
engaged on the work itself, who \vere employed by you for any i)urpose, 
other than Mr. Warden '? — A. No, sir; I do not call to mind a single in- 
stance where there was. 

Q. What is the name of this book-keeper that you say is now on the 
sea ?— A. Mr. Mitchell. 

Q. You say that he has been here? — A. His father told me that he 
had been in attendance here for some days, and at last got excused. 
His father shipi)ed his furniture by a vessel down to Maine, and young- 
Mitchell went with it. 

Q. Where are your books in relation to your work in this city 1 — A. 
I presume they are in his safe, but I don't know. 

Q. l)o you know when he will return ? — A. I have no definite knowl- 
edge as to that ; i)robably within two weeks. 

Q. Did you ever at any time have any person engaged to assist you 
in procuring contraets in this city ? — A. No, sir. 

Q. In what way did you i)rocure your contracts ? — A. My first con- 
tract, in 1871, came after an application to the board for contracts, and 
after some members of the board had come to New York and examined 
work that I had done there. 

Q. Since that time, how have you procured your contracts ? — A. I 



TESTIMONY OF C. E. EVANS. 1237 

think tliey liave simply been assignod to me. I may, in som;^, instances, 
have urged and asked /or some extensions. 

Q. What do you mean by saying tliat they have been assigned to 
you ? — A. I have received letters from the board that a certain contract 
had been assigned to me, saying, " 1 want you to go to work within so 
many days and finish it." 

q!^ You mean awarded to you ? — A. Yes, sir. 

Q. Were they awarded without application on your part for con- 
tracts ? — A. Well, now, I do not remember. It is possible I may have 
applied ; and it is possible I did in some instances apply for an exten- 
sion of contracts on streets. 

Q. Did you make youra pplication in writing or verbally ? — A. Proba- 
bly both, if I made any. 

Q. Did you receive contracts on verbal applications? — A. I cannot 
tell you, indeed, now. 

Q. To whom did you make these verbal applications that you speak 
of? — A. I generally went to the board. Sometimes I met Mr. Shep- 
herd and asked him to extend my contract on a street that I was then 
working on — to let me go on. 

Q. In these cases, where contracts were awarded or assigned to you 
without application, from whom did you get notice of the fact that the 
contract had been so assigned ? — A, The notice came from the secretary 
of the board, I think. 

Q. A notice in writing! — A. Yes, sir. 

Q. Have you those papers? — A. Tiiey are with my papers. 

Q. In the safe in this city ! — A. Wherever they are, yes, sir. I sup- 
l^ose they have all been preserved. I do not know that. 

Q. Did yon ever pay anything to any person, directly or indirectly, in 
order to procnre a contract? — A. Never, sir. 

Q. Did you execute bonds for the faithful performance of yonr con- 
tract, and to keep the work in good order ? — A. The arrangement in the 
beginning was that I should do that. I think it was lost sight of or 
overlooked. It was by me, until a great many of my contracts had 
been extended in the manner you have suggested, and they became so 
burdensome that I was asked to go and sign and furnish bonds on en- 
tirely new contracts; that is to say, to make out a new set of contracts 
and furnish bonds. 

Q. When did that occur ? — A. The bonds were really never properly 
presented to the board to this day. 

Q. They have never really been presented to the board to this day ? — 
A. JSTo, sir. 

(}. Just describe now, what has been done, and when it was done ! — 
A. After repeated notices to me from the board to come forward and sign 
contracts and bond my contracts, at a conference with Colonel Cook, 
the attorney for the board, I told him frankly that I had lost so much 
money here, and the panic having come on, I was in no condition to get 
anybody to give such a large amount of bonds as was wanted, and that 
1 did not like to ask it. The work was about all finished then. As I 
understood, all the board would really require would be bonds for keep- 
ing the work in repair. Colonel Cook told me that I could give bonds, 
but that I could give bonds in this way: If I would bring anybody 
from the East who was worth the money in real estate, or who could 
produce from the county clerk evidence that tliey were worth that 
money m unincnmlxMcd real estate, there would he no dilficulty in the 
board ac('e])tiMg tlie bonds. 



1238 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Well now, bow long- ago was that '? — A. That, 1 tliiiik, was last fall ; 
some time in October or JSovember. 

Q. You say that your work at that time bad l)een sal)stantially com- 
pleted ? — A. A'ery uearlj- so. It was wboily completed early in Decem- 
ber. 

Q. Manj' contracts bad already been completed? — A. Yes; most all 
of them. 

Q. Had tbe money been pai<l or settlement been made for most of the 
contracts ? — A A large portion of the money bad been paitl; that is in 
what tbey call money here — certificates. 

Q. Then tbe result of it all was, tbat your wife signed? — A. I was 
going to say, I brougbt my wife on witbthe certificates tbat I required, 
and delivered these bonds to Colonel Cook on bis word of bonor, 
pledged to me, tbat he would not deliver tbem to tbe board, until tbe 
board bad assented tbat if tbey received tbese bonds, to keep uotbing 
back on my account and to give me auditor's certificates on tbe balance. 
Tbe board never baving assented to tbat, keeping now, a large balance, 
as 1 tbink, for tbe faithful performance, as tbey claim, of ni}" contract, 
tbe bonds if delivered to the board — and I do not know tbat tbey were 
regnlarly delivered 

Q. So tbat you only left tbem in bis custody to be delivered upon a 
condition f — A. Y'es, sir. 

Q. Wbi(5b condition bas never yet been complied witb? — A. No, sir. 

Q. So tbat for your contracts there never bas yet been executed any 
bond ; any security ? — A. Not unless that is called a security. 

Q. Well, the committee will determine tbat. I do not ask you to ex- 
press any opinion about that ? — A. I would like to say this : I bave said 
tbat my contracts bere were from nine bundred tbousand, probably, to a 
million of dollars ; but a large portion of tbat was for work tbat re- 
quired no bond. It was for setting curb, diggings trencbes, putting in 
lateral sewers; for excavating. A man does not require a bond after 
tbe work is done for excavating. I did a large amount of tbat ; prob- 
ably one-tentb of my work or more was for excavations. 

Q. What proportion of all of your work was for tbat class of work 
What proportion of all of your contracts was concrete? — A. I should 
tbink somewbere about four tenths. 

Q. Four-tenths were for concrete. — A. \"es, sir. 

Q. Tbe balance for excavation and setting curbs? — A. Setting curbs 
and sidewalks, and i)utting in lateral sewers. 

Q. Wbat kind of sidewalks 1 — A. Brick and aspbalt ; both. 

Q. Y"ou put in a good deal of aspbalt sidewalk did you not? — A. I 
tbink somewbere about 8,000 yards, if I remember correctly, and several 
miles of brick. 

Q. At wbat rate did you get paid from tbe board for tbis concrete- 
aspbalt sidewalk"? — A. I tbink it was $1.35 a yard. Tbat is my recol- 
lection. 

Q. Are you quite snre tbat you never were paid at tbe rate of $3.50 a 
yard for concrete sidewalk? — A. If we did I don't know it. I never 
knew it. 

Q. If $3.50 a yard bas been ])aid for concrete sidewalks did you or 
not get tbe money "? — A. I got tbe money if it was done by this company 
— tbe Evans Concrete Company. It jnst occurs to me, sir, tbat 1 did 
some work called concrete, that is, artificial stone. That nmy be to wbat 
you are referring. 

Q. Wbere did you do tbat work ? — A. On Connecticut avenue ; one 
side I tbink it was. 



TESTIMONY OF C. E. EVANS. 1239 

Q. At what rate was that paid for ? — A. I cfiiiiiot answer that. I do 
not know. It was something between three and tour (hjllars, I think. 

Q. Did yon do the concrete around P-street circle ? — A. I did. 

Q. Carriage ways and sidewalk both ? — A. I think 1 did the side- 
walk; some of it I know I did. 

Q. Yon say that you incurr<'d great loss, in other words, that there 
■were no protits liere ? What was the reason that there were no protits 
here on the work that yon did ? — A. I think there were two good 
reasons, probably three, the first is inetticient managers. My employes 
were, to a very great extent, inetUcient. I only coming here as 1 could 
be spared from my railroad business, was a great objection. 

Q. WJiat next? — A. The next is that in the hurry of laying the 
l)avement it could not be laid in as economical a manner. The grades 
were changed often after we got ready to lay the j)avement, or some- 
times ; and in the change of grades I think there was money lost in that 
manner. The third was, that that portion of the work which we had to 
take i)ay for was paid in certificates, and we had to dispose of them at a 
large discount. 

i). What discount did you have to make to dispose of them ? — A. All the 
way from forty-six to ninety cents — forty-six to ninety cents on the dol- 
lar, I mean to say. 

Q. Forty-six to ninety cents on the dollar [ understood you to mean. 
]S^ow what proportion of your pay did you take in certificates ? — A. I 
€ould not answer that ; I do not know when away from my books ; 1 
should think fully half. 

(^>. Will you please state to the committee what material you use in 
laying and what it costs to put it down, where it is done in a proper 
manner, under proper circumstances, and without undue haste, giving a 
fair opportunity to the contractors to exercise proper economy "i — A. 
A. Weil, sir, the cost varies according to the localities. 

Q. I am speaking of this city 1 — A. Even in this city the cost varies. 

Q. Well, then, put it on tlie average. Take an average of localities. — 
A. We ought to lay it for $'2.55 to $2.70 a yard actual cost. I have 
laid pavements that cost me over $4.00. 

(}. What are the iiigre<lients of your pavement ? 1 mean how is it 
made ? — A. Of broken stone. 

Q. What thickness? — A. It never ought to be laid less that sij: 
inches, but I have laid it four feet thi(;k in this city. 

Q. Is that the kind that would cost you $4 a yard ; why did you lay it 
four feet thick ? — A. Because it would go out of sight as fast as we would 
roll it on the street, it was owing to tlie insecure foundation ; that was 
especially so on (x street, near the W^ar Department. 

Q. ^Vell,T am not speaking of that class of cases. — A. There are a 
great many of them in this District. 

Q. Uut I want to know what are the (iomponent i)arts of your jiave- 
ment, and not what it costs to fill up a hole with broken stone. Of 
course, 1 do not sui)i)ose you could get at that viHy accurately. — A. ^o, 
sir ; the main cost of the ])avement is in the work or the labor. ^Ve use 
as])haltic oils in our binding agent, and should in all instances mix it 
with pulverized limestone, as tliat is the best material; that is, sand- 
stone or limestone — some porous material capable of largely absorbing 
the oils and holding them. We first make a concrete road, practically. 
In no instance should that be less than six inches thick, rolled down. 

Q. Did you make it in this city that thick t — A. I doubt if it was 
even less than that. It was never, to my knowh'dge. Hut if we were 
to find the ground soft, we must [)ut stone in until we get the solid road, 



1240 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

regardless of amount. The solid road you must have to make a con- 
crete face on it. Now, having a solid road and good foundation, we then 
mix two courses, and in some instances it is necessary to mix three 
courses, of fine gravel or broken limestone, pulverized limestone, or 
material suitable for absorbing oils and holding them in solution. 
These are tirmly and solidly rolled down, each layer by itself, by heavy 
rollers, and tamped with street-tampers, where we cannot use rollers, as 
in gutters around corners, and traps. That is the process. 

Q. What is the coating that goes over the top ? — A. Asphalt and pul- 
verized limestone ; asphaltic oils. 

Q. All of which, you say, cost from $2.50 to $2.75 per yard? — A. 
That is what it will cost providing — I could, for instance, lay a pave- 
ment in Richmond cheaper than here, because we have more limestone 
there. A large portion of my limestone, I found after I had made my 
contract, \ had to bring from East Kiver, Xew York. A large portion 
of my sand, when I could not get i)ulverized limestone enough, was 
brought from the Peekskill Hills of New York by the cargo. That 
made it cost me a good deal more than it would if that material had 
been nearer at hand. I can lay pavement cheaper in New York than I 
can here, because limestone is not to be bought here in quantities ; nor 
can you get it pulverized in sufticient quantities. 

Q. Did you entertain at all this proposition that was made by Mr. 
Warden or Mr. Copeland, of a dollar a yard ? — A. I did not. I would 
have been wanting in common sense to do so. 

By Mr. Stewart : 

Q. Yon laid the pavement on Connecticut avenue ? — A. Yes, sir. 

Q Have you been paid in full for that ? — A. No, sir ; not that I know 
of. You ask me if 1 have been paid in full for that ? 

Q. Yes. — A. A certain amount of money is kept back for all my work. 

Q. How much do tbey owe you now f — A. I think over 6100,000. 
Somewhere between $90^000 and .$120,000. 1 have not had a statement 
from the board, and cannot definitely say. 

Q. What was it kept back for I — A. I understand it is kept back — 
Mr. Willard tells me — for security that 1 may keep these streets in re- 
])n\r. 

Q. Take the pavement of Connecticut avenue: Do you think that 
is a first-class work ? — A. I do not ; not the surface. Connecticut ave- 
nue has a splendid, good, thorough foundation of broken stone and 
gravel, thoroughly rolled in. The man whom I employed at that time, 
but whose name I cannot ^call to mind — but they have him here as a 
witness — vrho thought I hail a poor pavement, is the man who burned 
my material ; he overheated it. 

By Mr. Hubbei.l : 

Q. What did he do? — A. He burned my material. He heated it at 
too great a heat. 

By Mr. Stewart : 

Q. That is the trouble about the surface, that the material was 
burned? — A. Yes, sir. 

Q. How as to the foundation ? — A. I think the foundation is right. 
I intended then to have a good pavement. 

Q. What do you propose to do about the surface? — A. It is cheaper 
for me to re-surface it than to give up what the board owes me. 

Q. Well I hope they will retain something until you finish it. — A. I 
have no doubt they will. 



TESTnrONY OF C. E. EVANS. 1241 

Q. How mncli Avill it cost you to re-sni'taee it, \)or yard ? — A. Some- 
where from litty cents to a dollar; I cannot tell. 1 shall have to ascer- 
tain what I can jiet limestone for. 

Q. Where have you laid pavements ?-^A. In New York and here. I 
would like to say, that my emi)loyes have told me that the Connecticut 
avenue road-bed was i)rol»al)ly nowhere, between H street and the cir- 
cle, less than L*0 inches depth of stone. That is the report made to me 
by my employes. 

Q. You did some work on Massachusetts avenue? — A. Y^es, sir. 

Q. That is a better surface, but do you call all of it fjood ? — A. I have 
not seen it since some time in October. I wish the committee would 
bear in mind that 1 am away from here ?v large portion ot my time, 
necessarily away, and my ignorance must be accounted for on that 
ground. 

Q. AV'hat other portion did you do; on what other street; you have 
mentioned Massachusetts and Connecticut avenues; where else were 
your pavements? — A. On part of I street and Seventeenth street; on 
])art of L street, M street, Khode Island avenue. Fifteenth street, or 
Madison place ; I believe they call it Pifteenth-and-a-half street. 

Q. Did the same man do the work in preparing the material that did 
it on Connecticut avenue? — A. Xo, sir. 

Q. I notice in some of these streets that you name that there is -a 
smoother surface. — A. I think in every instance where the pavement 
has been bad it is because the material was overheated — burned. 

By Mr. Harrington : 

Q. Was that man Abrams? — A. Yes, sir; that was the man. 

i). On the south side of the avenue ? — A. In front of the ^V'hite House 
we claim that he burned the pavement there. 

Mr. Stewart, (to witness:) You use limestone, and then the bitumen — 
the tar — is taken up by the limestone ; is that the idea of your process ? 
— A. We do not use tar, but asphaltic — Trinidad oils — anything that 
will absorb, and hold in solution these oils, is a good agent for a pave- 
ment. 

Q. Is it not better to take the natural stone, the Neufchatel, and such 
as they have on I street? — A. Well, that is only lime-stone and 
asi)halt ground up together. AVe have not that deposited naturally in 
this country, and the}* have it in Fi-ance. 

By Governor Shepherd. 
Q. That is natural deposit? — A. Yes, sir; that is natural deposit. 
We imitate that by grinding up the limestone and asphaltic oils and 
mixing them up together. 

By Mr. Stewart : 

Q. The natural de])osit is what they use on the pavements in i'aris 
mostly, is it not? — A. Y'es, sir; that natural deposit, the Neufcliatel 
rock, is already impregnated with this oil. 

Q. About 12 per cent ? — A. It varies, sir; 12 to 27. 

Q. Is not that the best material? — A. Xo better than we can havti 
in this country. By doing what nature has failed to «lo with us, taking 
the oils, grinding the limestone, and mixing, you i)rodiice the same 
result, if you will do it carefully. The difliculty is they do not do it as 
well or as car(!fully here as they do i?i Europe. 

i). You are more liable to make mistakes than nature, are you not .' — 
A. I do not think so, because nature does not mix e<[ually. Some of 



1242 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

the rock you caimot use, because it lias not the proper perceutage of 
asphalt. 

Q. Well, you do uot expect to get anything better than that, Avhere 
it is properly mixed ? — A. Xo, sir ; we only propose to get the asphaltic 
oils free from all volatile oils; get the limestone ground ])erfectly dry to 
increase its absorbing capacity, and then mix it. And I do not see 
why we cannot mix these oils as thoroughly as nature can ; on the con- 
trary, I think we can mix them more evenly. • 

Q. Do you know the ditl'erence in the cost of taking the natural rock 
from France, and mixing it here — which can be done the cheapest? — A. 
It is cheaper to mix it here. It costs only about one-half the price here. 

Q. You have seen this pavement on I street? — A. Yes, sir. 

Q. What do you say about that ? — A. I sa3" if I had one block of pave- 
ment to lay in the city, I would have laid precisely the same tiling, and 
have done it as tliey did. If 1 had had time allowed me to do it as they 
did I would have done the same thiug; with asphaltic oils and pulverized 
limestone. 

Q. Can you make as good a pavement as that f — A. Precisely the 
same, in my estimation. 

Q. You have uot made any of the same kind, have you ? — A. I think 
so. I think a large portion of Fifteenth street is just as good as that. 

Governor Shepherd. Yes; there are two squares on Fifteenth street. 

The Witness. Yes; and, I think, if Mr. Shepherd had not been after 
me with a driving-whip in his hand I would have made better pave- 
ments than I did. 

By Mr. Stewart : 

Q. But making it as that dei>ends uj)on getting your limestone exactly 
right, and your mixture right ? — A. Yes, sir ; and then laying it exactly 
right. In other words, doing the whole thing exacll}^ right. 

Governor Shepherd. I think, Mr. Evans, if you had been here to 
have attended to it yourself you would have had a good pavement. 

Mr. Evans. I have no doubt of that, sir; but I had some very bad 
employes. One member of the board told me he could always tell when 
I was in the city by the pavement that was laid, and that is the only 
compliment I ever received from the board of public works. 

By Mr. Bass : 

Q. About how many square yards did you lay of all? — A. I should 
think somewhere near a hundred and tifty thousand — between a hun- 
dred and twenty-five and a hundred and fift}' thousand square yards. 

Q. When did you first discover that your contracts were losing 
contracts ? — A. ]N'ot until the spring of 1873, when we came to settle 
up accounts. 

Q. You have been continuing your work since that time?— A. Only 
to complete my contracts, and occasionally a block to finish a street out. 

Q. What proportion of this one hundred and fifty thousand square 
yards are what you term to be good pavements — proper pavements — as 
good ])avements as you can lay under your process ? — A. I do not think 
there is as good a pavement in the District, with the exception of, prob- 
ably, half a dozen blocks laid by me, as I could lay if I had had the 
whole control and time to myself; but I will answer your question by 
saying that I think fully twenty per cent, of the pavement laid here 
needs re[)airing — will need repairing, it they do not now. 



TESTIMONY OF GEORGE R. CHIT'lTENDEX. 12-13 

B.y Mr. Stewart : 
Q. Fully twenty i)cr cent", of that luid by you would need repaiiinu' ! 
— A. Yes, sir. I would like to add, also, tbat it Mill all be rei)aired. 

By Mr. Bass : 

Q. What proportion of your contracts are yet unlinished, if any? — 
A. They are all linished to the best of my knowledge now. 1 liave no 
untinished contracts. 

(^. Did you say you made your first settlement in the siirin^i;- ? — A. Yes, 
sir; I think it was in March. 

By Mr. Wilson : 
Q, What year? — A. I think it was March, 1873, that we commenced 
to pay off everything' and compare notes. It was very difficult to do 
that before, because so much work Was partially linished. 

By Mr. Harrington : 
i}. Do you not understand that this hundred thousand dollars is kept 
back by the board of publicworks for the pur[)ose of putting the pave- 
ment in good repair ? — A. IMost; assuredly, and for no other purpose. 
In naming that sum, I am approximating it, because my accounts are 
not settled. 

George R. Chittenden recalled. 

By Mr. Bass : 

Q. This is the express-receipt that you received, is it ? (exhibiting 
pa])er to witness.) — A. Yes, sir. 

Q. That is the receipt for the package of notes, $72,000 ". — A. Yes, 
sir; $72,000. 

Q. That you transmitted to Colonel Kirtland ? — A. Yes, sir. 

Mr. Wilson. What is the date? 

Mr. Bass. It is dated " July 8, 1872. Valuation, $100,000. Received 
from George K. Chittenden one package, sealed, said to contain paper, 
value $100,000, addressed to A. B. Kirtland, Washington, D. C. 
Adams Express Company, July 8, 1872." 

By Mr. Bass : 

i}. As we adjourned last night, I was asking you with reference to 
your interest, if any, with the Messrs. Uolmes or with Colonel Kirtland 
in those notes. I want to ask you one or two more questions on tliat 
subject. Were you a negotiator at the time Mr. Holmes took the ma- 
chinery that had been used by De Golyer & McClellan in satisfaction of 
those notes '? — A. No, sir ; I knew nothing of the transaction at all. 

Q. Yon had no notice of it f — A. No, sir. 

(). No participation in it? — A. No participation in it. 

Q. And you are not interested in the machinery that De Golyer tS: 
McClellan had obtained to perform this contract? — A. My only interest 
with DeCrolyer «S; .McClellan in the original contract of 1872 was to di- 
vide one-third of the jjrolits. 

Q. Did youexi>ect to receive from Colonel Kirtland, or did you expect 
to I'eceive from Mr. Holmes, any portion of the prolits or ])rocet'(Is of 
those notes? — A. Not one dollar. 

Q. Do you know whether or not ^Ir. Holmes claimed that those are 
still outstanding notes? — A. 1 know nothing al)Out Mi'. Holmes in rela- 
tion to those notes. 

Q. Do you know the fact that Mr. Holmes has recently been adjudi- 
cated a baidvrupt in Chicago? — A. His bank, or the bank, rather, of 



1244 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

TvLicb be was tbe president, bas gone into liquidation. He was presi- 
dent of tbe Manufacturers' National Bank of Cbicago. 

Q. Did it carry biin down also ? — A. I do not know tbat. 

Mr. Storks. Mr. Bass, may I be- permitted to state, in regard to tbe 
affairs of tbat bank, tbat it was in liquidation, and tbe question as to 
wbetber it can be declared bankrupt is now pending in the Supreme 
Court of tbe United States, on appeal from Judge Blodgett I 

Mr. Bass. Did it take Hohues with it '? 

Mr. Stores. O, no. 

By Mr. Hubbell, (to the witness:) 

Q. In your written statement, after you say you bad been informed 
that De Golyer & McClellan M'ere not performing this contract accord- 
ing to the letter and tbe spirit of tbe contract, you make use of these 
words — tbat you addressed them a letter substantially as follows : [Tbe 
letter was read.] Now, do you ])urport to set out a copy of tbat letter ? 
— A. Tbat letter is a copy of the original letter that I sent, as nearly as 
possible. 

Q. How did you copy if? — A. I found a memorandum of tbe original 
letter, and not having it in perfect shape, I copied from tbat memoran- 
dum. The memorandum was full. 

Q. Where is' the original letter f — A. Mr. De Golyer has that. 

Q. You kept no copy of it? — A. I kept a memorandum. Yes, sir. 

Q. Where is tbe memorandum! — A. I think the memorandum is at 
tbe Arlington. 

Q. I would like to bav^e you produce that memorandum, — A. I will 
try to do so. 

Mr. Stewart. I did not quite understand this transaction between 
you and Mr. Kirtland, yet. I have been thinking about that a great 
deal, and I cannot quite understand it. Now, do you not think it would 
be possible for you to give us some further points so that we can get a 
little better understanding of it"? — 4.. I would be very glad to give all 
tbe information to the committee that is in my power, and I have done 
so, I think. 

Q. At what time did you make the arrangement with Colonel Kirt- 
land ■? — A. It was after the death of Mr. Huntington. Mr. Huntington 
died in March, I think. I made the arrangement with Colonel KirtUind 
in the latter part of Ai)ril or the forepart of May. 

Q. Was tbe contract in writing 1 — A. It was not. 

Q. Where was it ? — A. In tbe Arlington Hotel. 

Q. It is not in writing? — A. Not in writing. 

Q. It was for a pretty large sum ? — A. That is true. 

Q. He took your word for it ? — A. I maybave made a little memo- 
randum. I do not remember about that. He toolv my word for it in tbe 
main ; yes, sir. 

Q. You represented that De Golyer & McClellan were good for it at tbe 
time!— A. I did. 

Q. And tbat their notes were to be given for it ? — A. We were to 
bave time, accommodation ; and tbe time should run during tbe term of 
tbe filling of the contract. 

Q. Did you bold yourself responsible to any extent ? — A. Not at all. 

Q. These notes were not paid on maturity ? — A. I believe they were 
not. 

Q. Did Colonel Kirtland ever say anything to you about that fact, or 
call to your attention the fact tbat some of tbe notes were not paid ? — 
A. Yes, sir. 



TESTIMONY OF GEORGE K. CIIITTEXDEX. 1245 

Q. Did Colonel Kiitland come to you about it ? — A. Colonel Kirt- 
laiid spoke to me about it. 

Q. He did speak to you about it ? — A. Yes, sir. 

Q. You were the negotiator. It was rather natural that he should 
come to you, was it not? — A. Very natural, indeed. 

Q. When was it that he came to you ? — A. It was some time iu the 
autumn. 

Q. Some time iu the autumn ? — A. Yes, sir ; I think so. 

Q, Some time iu the autumn of '72 I — A. Yes, sir; these notes were 
given, I think, the day that the receipt was made — iu the forepart of 

July. 

Q. On the 8th of July ?— A. I will not say the 8th of July, but the 
forepart of July. 

Q. Where did be come to you f — A. He was in Chicago. Colouel 
Kirtland came to Chicago. 

Q. Hid he come to see you? — A. No, sir; he came to see Mv. Holmes, 
with whom he had negotiated these notes, or part of them. Afterward 
he saw me. 

Q. What did he tell you ?— A. He said that De Golyer & McClel- 
lau wanted more time upon the notes. 

Q. What did he say about giving time? — A. I think that he was well 
disposed to grant the extension if he could arrange it with Mr. Holmes. 

Q. This money was all coming to Colonel Kirtland, was it not — it 
was all under his control — Colouel Kirtland was to have the whole of 
it ? — A. Mr. Holmes discounted these notes as I understood it. 

Q. Who told you that ?— A. Colonel Kirtland. 

Q. Colonel Kirtland told you that ? — A. Yes, sir. 

Q. K he had discounted the notes and it was an absolute sale, what 
was he there for looking after them ? — A. They wanted more time, and 
I suppose that he wanted to arrange Avith the bank and with He Gol- 
ver & McClellan. He came to me as 1 had represented He Golyer & 
McClellan. 

Q. But Kirtland had discounted the notes. They were not his 
notes? — A. I do not know anything about whether he was interested iu 
them or not. I know by Colonel Kirtland's statements that the notes 
were in the hands of Holmes. 

Q. What did Colonel Kirtland tell you. That he discounted them ? — 
A. If you will allow me. If Colouel Kirtlaiul is placed on the stand he 
can tell what disposition was made of those notes. 

Q. I do not know whether he can or not. — A. All I can tell is simply 
from hearsay, and these incideutal'conversations. I felt no interest iu 
the matter except that He Golyer & McClellan should keep their honor 
or pay their notes as they matured ; that was all. I had no other in- 
terest in the matter. 

Q. He came to you to have you require them to keep their honor — to 
assist him? — A. Yes, sir; he wanted me to do that, and He Golyer & 
McClellan, on the other hand, wanted more tinje. 

Q. Hid you go and see He Golyer & McClellan about that ?— A. I 
did. 

Q. What did they say? — A. They said they wanted more time. 

i}. What did Colonel Kirtland say to that ? — A. Colonel Kirtland, I 
think, nuule some adjustment with ithe bank. 

Q. Then Colonel kirtland had not sold them to the bank ; he had 
some control of them ! — A. He seemed to hnv^e some control at some 
time. I do not know wliat interest he had with the bank iu these notes 
after the bank received them. 



1246 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Do you know how much money he ixot out of the bank on the- 
notes? — A. I have not the slightest idea how much he got. I do not 
know liow many notes he discounted there. 

Q. Was Colonel Kirtland wanting the money ? — A. That I do not 
know. 

Q. Did he represent that he needed the money ? — A. That I do not 
know. 

Q. He did not represent to you that he needed the money, or anything 
of the kind ? — A. No, sir ; he did not ; he was simply putting it on a 
business basis. 

Q. I do not quite nndorstiind it; it is very remarkable tome — this 
transaction of Colonel Kirtland. JSTow, you say you made a verbal ar- 
rangement with him whereby you agreed to give him $72,000 in April 
or May, shortly after the death of Mr. Huntington"? — A. Contingent 
upon the award of a contract of 200,000 square yards of pavement. 

Q. That is to say, if yon, by employing counsel, succeeded in getting 
a contract from the board of public works on the merit of your i)atent, 
without any aid of Colonel Kirtland, except that he should talk, you 
wouhl give him $72,000 ? — A. I wanted Coh)nel Kirtland to aid me all 
he could. 1 promised to pay him 36 cents a square yard, in case that 
contract was awarded; and the contract was awarded, and I gave him 
the notes, according to the contract — $72,000. 

Q. You, on your jiart, were to emjtloy counsel; pay $15,000 for the 
counsel and getting all the facts together; go before the board and dem- 
onstrate the fact that it was superior to any other pavement ; then when 
you succeeded, he was to have the lion's share, to wit, $72,000. Now, 
was not that exceeding liberality ? — A. When I came to Washington, I 
came here with the understanding, distinctly made with De Golyer & 
McClellau, that I could have oO cents a square yard, if it was necessary^ 
to secure the contract. 

Q. You have stated all that. — A. Well, let me proceed, if you please. 
I adopted my own plan and my own way of negotiating the contract^ 
or procuring it. I did not advise with anybody what course I should 
pursue ; l)ut I felt that with 50 cents margin per square yard I might 
possibly succeed better than if I did not use anything. 

Q. J understand you had 50 cents a square yard to give away to some- 
body to get this thing done ? — A. Yes, sir. 

Q. Now, you eniploved counsel ? — A. That was one of the things I 
did. 

Q. You had re[)orts of the quality of your pavement; you had all 
these facts, that you say you impa'rted to Colonel Parsons, and he 
made a full argument before the board ; and subsequently General 
Garfield made a further argument explaining the superiority of the 
pavement, and you said then, and believe it now to be superior, and 
you satisfied the board that it was a good pavement, and they got the 
contract. Now, you were to do all that, and still of this 50 cents you 
gave 30 cents per square yard to Colonel Kirtland — to a person who 
was a stranger — for doing no specific thing. Now, do you not think 
that must strike the committee as peculiar, without explanation ? 
Do you not desire to give an explanation, so as to make that look a little 
more rational? — A. So far as his not doing a single thing is concerned, 
1 do not know how much he did or did not do. 

Q. Did you not have some curiosity to know what the gentleman was 
going to do for all that money? — A. It was a contingent fee entirely. 
If the award was nuide, I was to pay the money ; that was all. 

Q. Y^es, but it was contingent with Colonel Parsons ? — A. Part of it^ 



TESTIMONY OF GEORGE R. CHITTENDEN. 1247 

Q. Ton thousand dollars if his lee was contingent ? — A. Yes, sir 5 and 
with Mv. William Colvin IJrown, in the same way, 

Q. xlud your labor here was contingent ; you were not going to get 
anything uutil you succeeded :' — A. Of course not, and 1 have not got 
anything yet, to speak of. 

Q. Were you not doing more work than Colonel Kirtland ? — A. I was 
doing some work. 1 do not know whether 1 was doing- more or less 
th;in he. 

(»>. Were you not doing more than you ever heard of his djing ? — A. 
That I ('ann(>t say. 

Q. What did you hear of his doing ? — A. Well, he claimed to have in- 
rtnence. Whether he had or not, 1 do uot know. 

Q. What did you ever hear of his doing in connection with it ? Now, 
you know you did a good deal ; you stayed here five months, and gave 
your entire attention to it, and made many contracts, and collected the 
facts together; still, the man that you cannot find out anything that he 
did, got the lion's share of this thing. Now,. it seems to me that you 
would have had a little curiosity to know what he was doing. What 
ett'orts did you make to find out what he was doing; did you make 
any ? — A. He reported to me from time to time that matters were pro- 
gressing, ami that I would i)robably get the award. 

Q. Did he give vou anv points of the progress ? — A. No, not particu- 
larly. 

Q. Now, here you were, doing all this work, and a man who was 
a stranger to you, comes to you occasionally and reports that matters 
are progressing, and you give him the lion's share ' — A. 1 gave him just 
what I agreed to. 

Q. O, yes; there is no doubt about that; but do you not yourself, in 
looking over it, think that it was rather a remarkable thing '? — A. It 
may be. From their stand point it appears so, but from mine, at that 
time, it did uot. There was great com[)etition here in the city of Wash- 
ington, and all I had to do was to get all the force and all the induence 
to get public influence in favor of it. 

(^. IIow do you know that you got it when you got him ? — A. I do not 
know that I got it. He said I had. 

Q. Then after doing all the work that yon. did, you gave away 872,000 
to a man because he said he was powerful, and you did not know 
whether he was or not, and had no means ot coming at the facts. Now, 
have you any reason to believe that you did not get the contract after 
all entirely upon the representations before the board aud before the 
public, by the arguments of Colonel Parsons and Mr. Garfield, and the 
facts that you had ? — A. 1 do not know but what I would have received 
the contract through their arguments alone. 

(^. Have you any reason to think you would not ? — A. I cannot say : 
I did not say that ; I cannot say but that I would have received the con- 
tract; that is one of the things that was not tried. 

(^. Have you any reason to believe you would not '. — A. T cannot 
answer that question. 

Q. You cannot answer it '? — A. No, sir. • 

Q. Y'ou cannot say whether you believe yon would, or you believe 
you would not .' — A. No; 1 cannot. I have have not thougiit of it ; iu- 
<leed, I cannijt at all. 

(}. Y^)u can give your belief on it. Say what you think now. — A. I 
migiit have received it, or I might not. 1 cannot say. 

(^ Do you think he helped you a particle ? — A. Yes, sir ; I think he 
did hel[). 



1248 . AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. AVhat makes you think so? — A. He said that he iisediufliience. 

Q. Have you any reason, except what he said, to believe that he 
helped you a particle ? — A. I do not know that I had any reason, except 
his word. 

Q. Then you say you came here and gave a total stranger $72,000 
on his word that he had helped you, without inquiring into it? — A. I 
have gone over this ground so much, sir 

Q. There must be something more to that? — A. When I came to 
"Washington, if you will allow me to make a statement — I don't know 
but what I am repeating myself continually — when I came to Washing- 
ton, as I said before, I adopted my own methods for securing this con- 
tract. Finding competition was great, I adopted a plan of my own for 
securing the contract. My people told me at $3.50 per square yard 
they could afford to pay 50 cents per square yard for getting contracts, 
or as expense, if you please. Now, whether the arguments of the two 
gentlemen referred to would have secured me the contract or not, I can- 
not tell. Whether it was necessary to secure the services of William 
Colvin Brown, or Colonel A. D. Kirtland to insure it I do not know. But 
I did secure their services, in connection with other parties, in order, in 
my judgment, to insure success 5 that was all. Several parties applied 
to me for contracts ; that is, they stated that they could get contracts if 
1 would pay them so many cents per square yard. The only caution 
that I exercised in making arrangements with these parties was always 
to kee]) within my margin of 50 cents, and if fifty persons had applied 
to nie I would have made arrangements with them contingent upon the 
award, if I could keep all the time within 50 cents. 

Q. I)oyou pretend to say that you would have given that 50 cents to 
anybody, provided you had come here and got the contract, whether 
they helped you or not ? — A. Not to anybody; but persons came to me 
continually, telling that they could get contracts. 

Q. I can see very well how you would give 50 cents to get a contract, 
but I cannot see why you would give it to a man who did not help you 
to do this! — A. T do not know how much he did help. 

Q. Well, now, that brings me right back to that remarlsable thing 
that you should not have inquired, and you should have taken any in- 
terest in it. There is not a person in this room, in ordinar-y conversation, 
but would have asked what that man did. But you pay $72,000, which 
was the larger portion of the entire commission that was to be given, 
and do not have inquire something about the influences that this man 
had or what he did. That you should not have had some curiosity on the 
.subject to make some little inquiry, appears very strange to me. That 
is what is remarkable about it. You never asked him what he had done 
in one instance, or how he did it. — A. He kept reporting to me from 
time to time that matters were progressing, and that matters were going 
on satisfactorily. 

Q. That everything was lovely? — A. Yes; and the goose was high. 

By Mr. Wilson : 

Q. Y'ou say you made contracts with others ? — A. Y'es, sir ; they were 
contingent contracts. 

Q. Exactly; but you made the Brown contract, the Kirtland con- 
tract, and then you had a contract with Mr. Rice ? — A. With a Mr. llice, 
yes ; and Mr. Page, I think. 

Q. What was Mr. Tage to get ?— A. Mr. Page, I think, was to get 
300,000 square yards within a given time. He came and reported at 
the time, and said that he could not get the contract. 



TESTIMONY OF GEORGE R. CHITTENDEN. 12 10 

Q, "Wlint amount was lie to receive f — A. I for.fjet. I think somewhere 
between tliirty-tive and forty cents a square yard — thirty odd cents. 

Q. What others did you have contracts with ? — A. Mr. Page and Mr. 
Eice, tliose two are all I call to nnnd. 

Q. Do you remember any others ? — A. I do not. 

Q. You did have contracts with others, did you ? — A. I cannot say 
I had any contracts with others than those named. 

Q. You had those contracts outstanding, and you settled with Kirt- 
land ? — A. These contracts were not outstanding. 

Q. Well, but you had made contracts with these parties and you set- 
tled with Kirtland ? — A. Pardon me, now, I wish to make one statement 
iu this connection. In the case of Major Rice, he promised to get this 
contract within a given time and I promised to pay him a certain num- 
ber of cents per square yard if he would do it. He comes to the hottd 
and says, " 1 cannot deliver it on time, and I wish further time.'' I 
gave him further time. He could not deliver it then. Then [ said I 
would annul the contract and destroyed it. I made a contract then with 
Page. I would not say which came first, but I made a contract with 
Page in the same way. Page did not deliver his contract on time, and 
I tore that up. I made a contract with Kirtland. 

By Mr. Wilson: 

Q. Did you restrict him as to time ? — A. No, sir ; I think not. 

Q. What is your best impression as to whether you had contracts with 
others than those you have mentioned ? — A. I think very likely I may 
have had at some time. I do not call tiiem to mind. 

Q. At some time you had with Kirtland ? — A. I think I had no 
contracts out. I was cautious about that. I had no contracts out, ex- 
cei)t with Kirtland and Mr. Brown. 

Q. Was the contract you had with Page and Wright in writing ?— A. 
With Page and Wright in writing. 

Q. Then why not with these others in writing! — A. Mr. William Cal- 
vin Brown was at the hotel, sitting at tlie same table, and had known 
me ; that is, he had ascertained something in regard to myself; and the 
other persons were comparatively strangers — total strangers. 

Q. Just siraj^ly because you had made a hotel acquaintance of Mr. 
Kirtland and Mr. Brown ? — A. I had seen them three times a day. 

Q. You did not esteem it necessary because you saw tiiem three times 
a day, and had this contract with them, to have any contract with them 
in writing ? I will see if I can refresh your recollection by reading 
another letter. 

Arlington Hotel, Wanhhifilon, May 4, 1875. 
Pk.vu Sir: At 12.4.'3 I leave for New York. Will returu by Mondaj- or Tuesday. Oar 
inattL-r is iu such a sliaite that it is uow best to be exceeding- cautions as to what you 
t^ay or do. In other words, to be absent from the city alto<>-ether would bo better tliau 
to l>e hiTe. I shall count upon your very careful observance of my suggestions, a-j 
matters are so conditioned as to imperatively demand it. A word to the wise is sutK- 
cient. 

Yours truly, 

GEORGE R. 
Mr. Bkx.iamin R. Nickerson. 

A. That is my letter. 

Q. Perhaps, after having heard that letter read, you can now remem- 
ber somctliing. It is something about these i)eculiar circumstances that 
were surrounding this matter, which you have indicated in that letter, 
and which you can state to the committee. — A. I think the sugges- 
tion came to me I'rom some source that Colonel Nicker sou was interler- 
7'J D c T 



1250 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ing- iu some way with the progress of the negotiations, or was iuiiirino- 
the cause wliieh we were trying to get throu<?h lujiiiing 

Q. And this was a little legerdemain which you resorted to for M.p 
purpose of gettiug Nickerson out of the way i-A^t much le'^e 
demam. It is pretty frank, I think. ''«®^" 

Q. But you say, "our matter is in such a shape that it ^^ imw 
best to be exceeding cautious as to what you say oi do:" ami vou I xve 
underscored that, so as to make it emphatic. Nonv in wh t si -mp w ! 

remarb,w''ootuinnr'-4''r",' "'»/,>»'•"'« V* "''pessary to exercise tbis 
Q. Did It get into auy very extraordinary or peculiar shai)e^— A 

^:^^^M^'^::;':^i ' ''"^'^' '' ^^« tim/thatkat leu^;:^ wr^: 

ten ^vele that Mi. NicKersou m some way was being identified with the 
teamuels process of curing— was taking an active pai4 in ^onie of fhl 
U^^atters against the government, or something of fhe sort Tdo not 

the^se t'!ftr^5s^'''Fp'r^^^^ ''^'''^ ^^^"^ ^''^ *^ «'^^ interested in some of 

.mirnnent?%^^^^^^^ ^^^ ^''''^ ^^^"^'^ the district 

S'lf 1 1. won't say against the district government- but he 

O Tha.^-f "'' ""'''7 ''''\'^ "^''i'^ ""''' "«t calculated to make'fHend^ 
of 'iV^t>irec^ion.'"^'''"^^"" ^'.'^"^ '-^' ^^-' «^^^' t-t -' to the best* 

Q. Mr. Hubbell asked you a while ago in regard to a certain memo 
rnndum. You wrote this letter, which yon ma<fe a par ofvorwntten 
^iu f^' ^"H^^ "'^'""- ^'"^ ''''' memorandum, as f nnd^sl^d 
uSu Zre!" '"'^ ''""'' ^''^' '^'"^ ^'^''' ■~^- ^ ™t^ it here, since I liave 

terdnvTnorw' ^'^ ^^^" '^'^^ *« the committee yes- 

ttuuiy moining : — A. bome copyists. 

Q. Who were the copyists ?— A. I do not know. 

O T^n f" 1"^ '^''" f*""'^ ?'^'^''''^ theni?-A. At the Ebbitt House. 
Q. Do yon know where they came fiom"?— A. I do not 
i4- JJoyou know the gentlemen who did that copying ?_A I do nof 
know. There were two gentlemen. "I^^'"*. a- J^ tio not 

u wn ^T '^ ?''''" Z^'"''"" "' slioi't-l^and in the first place ?-A. ^o sir • 
It was taken from the copy. i c . .^. x>u, su , 

Q. Who dictated it?-A. They had the copies before them. 

attorney "' ' "^"^^""^ •-^- ^ ^^'^^^ ^^^t the original, with my 

in^;2!^.S;:^o,;! •-^- ^^ ^"^ ' ^^^^^^^^^ ^^ *«^^^^-^^ that is, 

Q. \V ho else was present ?-A. ^^o one but my attorney. 

n wi r"f '^ '"^"^^ prepared ?-A. ^^ one 'but my attorney 

Q. Where did you get these copyists! ^tiuiuey. 

Mr. Stores. May 1 be permitted to make a statement as counsel here ? 

?i;; WiTN^^'r^r^'' Tf'' '''''' ^^^ ^^^^^'^^^^ should arweT' ' 
-Lue WITNESS. I do not know. 

self 'f'ldmf'tlHl'ponH'r' ''r^'' "ot know, and I can explain that mv- 
SLiT. 1 lined the copyists. I came here, spoke to the chairman of the 
committee, and suggested how much we ^vere hurried whtL matte 
I merely presented the matter and, in order to comply with t e re ue t 



TESTIMONY OF GEORGE R. CHITTENDEN. 1251 

Mr. Wilson. Do you know the uames of the copyists ? 

Mr. Stours. I do not. 

The Witness. I do not myself. Mr. Storrs procured the copyists. 

By Mr. Wilson : 

Q. In some of these letters that yon have written — in one of them — 
you say to Mr. Hnntinp^ton, "Do you think your figures will be satisfac- 
tory to him," or something to that effect. What figures do you refer 
to there ? — A. Will you aUow me to look at that letter i 

Mr. Wilson. Certainly, if 1 have it here. ; 

[The letter was handed to the witness, who read as follows : " Figures 
will be more satisfactory to you and to the District, and the pavement 
more satisfactory to the peoi)le when laid than any one or all the other 
kinds of i)avement taken collectively." 

The Witness. That was my opinion at that time. 

Q. WHiat figures do you refer to? — A. I refer, I think, to the cost of 
the pavement; that is, the number of dollars per square yard. 

Q. Do you mean the figures at which you were proposing to lay the 
pavement, or the cost of the pavement to De Golyor & McOlellan f — A. 
I think this refers to the figures upon the cost of the pavement to the 
District. 

Q. That was the wood-i)avement! — A. That was the wood-pavement. 

Q. Were you, or not, apprised of the fact that at that tinie the 
District government had already established the price for wood-pave- 
ment? — A. I was not. 1 did not know anything about that. 

Q. What is the date of that letter!— A. This is dated February 8, 
1872. 

Q. You say that you did not know at that time that the board had 
already established a price for wood-pavements some months before 
that? — A. No, sir; I left this entirely in the hands of Mr. Huntington. 
I was not familiar with that state of things. 

Q. You were to get one-third of the profits of this contract for your / 
services in getting that contract ? — A. Yes, sir. 

Q. Did this bonus of fifty cents a square yard enter into this account '? — 
A. It did not. 

Q. Then De Golyer and ]\IcClellan agreed to pay fifty cents a square 
yard as a bonus for getting the contract, and then outside of all that 
you were to get one-tbird of the jirofits of laying the [)avement — actual 
l)rofits ? — A. Yes, sir; that was the understanding. 

Q. Had you ever done any figuring so as to know what that pave- 
ment had cost '? — A. No, sir; I could not tell what it would cost. 

Q. Had you ever figured any on that subject ? — A De Golyer and Mc- 
Clellan stated that after the fifty cents were paid that there would be 
a very good margin to divide between us. 

Q. You never made any figures on that subject? — A. No, sir; I did 
not know what the pavement cost. I do not know to-day. I am not a ■' 
])ractical paver at all. I do not know anything about paving except 
the general merits of the patents. 

Q. You were taking your chances on that entirely ? — A. No, sir ; not 
so. I had paid for this pavement in front of some of my property on 
Dearborn street, Chicago, and it seemed to me to be a most ex(;ellent 
pavement. Therefore 1 was interested in the i)avement, and believed 
the i)eople would be as well satisfied as myself. 

Q. Your interest in having the pavement laid in the city of Wash- 
ington was in getting a third of the profits? — A. Certainly; I came 
here for that purpose — to get the contract for the profits. 



1252 AFFAIRS m THE DISTRICT OF COLUMBIA. 

Q. And yoa made no calculation or made no inoiiirr i^ in whof fi,^ 
])rotits wonld be ?-A. Mr. McClellan stated to me that he con Id u r 
state exactl.y what^the profits would be; that thevVou ] h^ve to r ."^ 
machinery l)ere_$-5,000 worth of machinerv-but there w mild he ^ 
good division of the profits between us after iifty cents was paid 
By the Chairman : 

of %-n' of i"?.?^^^ l^}'] ^f^r. ^^'tte^ by Mr. McClellan to you, one dated 
ot Ua.v ^^, lb/ J which I desire shall go in evidence, or smth portion of 

M, M r 'f, '^ ^^'' ^'^^"^T ^^' '''^^^''"- '^^ ^'^'^tracts llere. In this le ter 
M McClellan among other things, says, "Mr. Chittenden, I haWbeea 
ahonVit^hr^*'^ '^T^ about Washington contracts, and the morri think 
about It the more I am inclined to advise you to shake oif these .'.be 
do so rirn'of^T"'" y«-- application directly at headquarte s ' Tt' you 
do so, I am of the opinion you will be more successful than to de 

o%er wel , and act accordingly. 1 know yon are much annove I at the 
shape things have taken in Washington. ^ But the quickest u^v fn nw 
opinion to come to anything different is to go to heSnarte ; 1, nft 
he question directly to the board. If you cannot get mSl an oT^^^^^ 
died thousand yards take it, and close up matters St least for that nonth 

?r' d thons^nVv^rd^ '^^'""'^ "^^^ T' '' ^^'«'^'^'^'^' '" -'- of one hun: 
urea tnonsand yards, removing onr machinerv or not. We can afford to 

put machinery up f\:,r one hundred thousand^yards in Wasldi" n ' &? 
i Itlcf unT"'" '^''^ t'.at letter make upon you at the ti.ne _ 
A. It did not make any impression at all. The reason whv was this- T 

mimied'a^^^ Miri n 'r"/'^ ^'"^^^ "^' ^''^" '^^^'"^ ^^'^ policy to be 
pnisned as Mr. McClellan in Chicago, so far as the proffrainme rh^t T 
proposed to carry out was concerned. i>io^rammc tnat 1 

Q. But Mr. McClellan seems to have had the impression here that 
during all the time that you ha.l been here, vou had ma le no e'^sonal 
application to the board of public works.-l: The application th- t w?. 
made to the board of public works-I do not kn w t e hUe^^^^^ ^ts 

made; I cannot say the date-but whether the applicati(^u w rLuirat 
the time ot wnting that letter or not, I do not knowl ^ ^^ 

%l. Up to this tnne he acknowledges the receint of two dismtr-hpc 

dislmSs ""'a ^'f f ''' '':"' T} ^'^^'^^^^ ^^- ''^' hIT' you to 
disi^atches ?--A I have not. I do not know what they are. 

pnbiic works^ a"'t ''"^^ T" ''^l^If ^^^T,'^ personally before the board of 
Sw^nitdeT^hll^thii'^""' '''' without getting the application 
fJLl lY ''""^ ^^7^' "^r l>'"tif'"1arly as to date-but had you previouslv 

^^:izc^:lj' ' --' --■ -^ - --^". -^i ^^ 

thf anoHcaS ,l!.?f i' ^^I'^'^Sh'.) Can you furnish the committee with 
works! ^^ "" ^^'^'''' '^ ^^^^lellan, to the board of public 

Mr. Mattingly. I presume so. 

Mr. Johnson, (secretary of the board.) I know there was an anidica 
rZy 20.'" '' ''' ''"'' '' '^^ ''^« for treating .vood il' ement, Feb- 

Mr. Wilson. Will you be kind enough to bring it in ? 
day.'' '^''''''^^'^- ^^^''' '^'^' 5 it is at the office ; I will bring it in on Mon- 



TESTIMONY OF GEORGE R. CHITTENDEN. 12o3 

By the CnAiRMAN : 

Q. I infer J\Ir. xMcClellau knew by this letter that yon were actinj;- 
here tlironjih nuchlle-raeu f — A. Yes, sir; he called tlieiu niiddle-nien. 
I call them assistants, or men helping me. I called them agents. He 
understood thein to be middle men, 1 snppose, because they were com- 
municating with the board, or some other persons were commuuicating 
M'ith the board. 

Q. You were not doiug so yourself? — A. ^o, sir; I was not. 

Q. Therefore, between you and the board they must have been mid- 
dlemen ? — A. Yes, sir; that might be called middle-men. 

Q. Because you are not in direct communication ' — A. Xo, sir. 

Q. 1 find here also a letter dated March 3, 1872, to the following 
effect : '' I hope this will And yon in glowing spirits. I have nothing 
new to write." That is from Mr. McOIellan. " I hope you have made 
st)me favorable discovery since I left. Present my respects to Mr. Brown." 
That is your friend! — A. Yes, sir; William Calvin Brown. 

Q " I have seen Mr. Pelton this morning." This letter is dated Saint 
Nicholas Hotel. Who is Mr. Pelton ? — A, He was an applicant here for 
a contract. I believe of a wood pavement with a peculiar process for 
curing the wood. 

Q. Do you know what process ? — A. I do not. Seeley's process, I 
think. 

Q. I will read further from the letter. " Just a nod from him, nothing 
more. He cannot find out nothing from me. Keep mum. I find it is the 
best policy. Write me. If you want anything from me let me know." 
Xow, there seems to be here some reason for keeping very quiet. Do 
you remember what that was? This was March the third. — A. I haven't 
the slightest idea what he refers to there by " keeping mum." I sup- 
])ose that he refers simply to a gentleman's keeping his own counsel, or 
words to that effect. There were so many competitors here that each 
one was trying to know what the other was doiug, and he must have 
referred to that matter. 

Q. You endeavored to take this advice, I suppose, in your operations 
here ? — A. I certainly took advice from every one I could get it. 

Q. You took the advice of your principal, Mr. McClellan, to keep 
Duun, as far as you could? — A. Yes, sir; certainly. 

Q. in keeping mum did you inform Mr. Calvin Brown that you were 
negotiating with Kirtland ? — A. No, sir; 1 did not. 

Q. Did you inform Mr. Kirtland that you were negotiating with 
Brown ? — A. No, sir. 

Q. Did either of these gentlemen know the other had any interest in 
tliis pavement ? — A. Colonel Kirtland knew that Mr. Brown felt an in- 
terest in the success of my securing this contract. So, Mr. Brown, on 
the other hand, knew that Mr. Kirtland felt au interest, but neither 
knew of the arrangement with the other. 

Q. Did either know the other had au arrangement ? — A. No, sir; not 
a word. 

Q. Yet you were there every day together ? — A. That is true in re- 
gard to Colonel Parsons also. I wish to state that here. Parsons did 
not know I had au arrangement with anybody else to pay auy cent;s per 
square yard to secure the contract. 

Q. Did Kirtland know you had the services of Mr. Parsons ? — A. He 
knew that. 

(}. Hecause he was a public employe, as an attorney? — A. Yes, sir. 
My idea, if I may be avowed to state here, was to have all the inlluence 
from dilferent quarters concentrated to get this contract. 



1254 AFFAIRS IN THE^ DISTRICT OF COLUMBIA. 

Q. Now, Mr. Chittenden, you were here five mouths and ten days 
you saw no member of the board of public works, at least you did not 
communicate directly with them; you used, to procure this co-ntract, 
the |)ersons you have named ; now, how did you spend the remainino' 
portion of your time in this city, that is with reference to this work I 
Were you communicating with other people*? — A. I was communicating 
with dittereut ones, from time to time, iu regard to this paveuieut ami 
the meiits of it, but I was more particularly keeping quiet and letting 
others do the work. I was waiting. 

Q. Now, I wish you to explain to the committee why it is that during 
all this time you made no personal application in behalf of De Golyer & 
McClellan, to the board of public works, for this work. — A. I think an 
application was made to the board of public works. 

Q. That is not my question. My question is: Why was it that you 
did not go to the board of public works yourself, in person, or to some 
member of the board of public works ? — A. Well, I thought others could 
do it for me quite as well. 1 was a comparative stranger to all parties 
connected with the board of public works. I was a stranger in Wash- 
ington. 

Q. You thought the Rev. Calvin Brown, who was here on a visit from 
Hatnburg, coidd do better than you could in that regard ? — A. I did 
not sa}' that W. Calvin Brown did present the matter to the board of 
l)ublic works, but 1 thought he could aid in doing it as well as, and per- 
haps do it better, than I could — that is in speaking of the merits of the 
pavement. I thought it would do for them to talk about it quite as well 
as for me. 

Q. Therefore, you relied upon those two gentlemen, in addition to 
your counsel, to communicate with the board, rather than communicate 
with the board yourself; — A. I did. 

Q. Did you, during any portion of these five months and ten days 
5'ou were here, have an interview with the board of public works 
yourself? — A. Not personally. 

The Witness. Do you mean with the board collectively ? 

Q. With the board collectively. — A. No, sir, I did not. I went with 
my counsel into the room at the time the subject was argued, but I said 
nothing. 

Q. But you did not personally apply to the board during the whole 
of that time? — A. Except as the a])plication of De Golyer & McClellan 
was filed by my dictation. 

Q. At the time Colonel Parsons made this argument, was Colonel 
Kirtlandjn the city? — A. That I would not be sure about. 

Q. He did not accompany ,\ou to the board at that time? — A. No, 
sir ; Mr. Brown did at that time. 

Q. Mr. Brown and Colonel Parsons 1 — A. Yes, sir. 

Q. When was that"? — A. That I cannot tell. I will have to refresh 
my memory upon that point. 

Q. Do you remember about the time? — A. If 1 knew the date of that 
application to the board I could tell more accurately. 1 will try to ascer- 
tain that fact. 

Q. It was after theai)plicatiou "? — A. Yes, sir ; I think it was after the 
application. 

Q. Did you spend most of your time at the Arlington Hotel ? — A. All 
the time, pretty much. I was away from the city a few days. 

Q. 1 mean wheu you were in the city. — A. Yes, sir. 



TESTIMONY OF GEORGE R. CIIITTENDEX. 1255 

Q. TIow often did you see Colonel Kirtland, as a rule, at tlie Arling- 
ton Hotel ? — A. At least three tiaies a day. 

Q. Generally at breakfast ? — A. Yes, sir ; two or three times a day. 

Q. Was he in the habit of coining to your room, and you going to 
his ?— A. Yes, sir. 

Q. That was a daily occurrence ? — A. Y^es, sir. 

Q. Did you know, or do you remember, liis cliiof associates here at 
that time ? With whom was he in communication, so far as you ob- 
served? — A. That I do not know. I do not know with whom he was 
communicating. 

Q. You never saw him in communication with any one whom you 
suijposed could aid him or you, in this work ? — A. Except Mr. Page. 
He was talking to me, at one time, of Mr. Page. 

Q. But you never saw him in communication with any one that you 
supposed had any interest or intluen(;e, except Mr. Page'? — A. Xo, sir. 

Q. And the only report he made to you was that matters were pro- 
gressing, from time to time ? — A. Yes, sir ; that everything looked fa- 
vorable, or words to that effect. 

Q. xVnd your contract with him was that this money was to be paid 
out of the proceeds of this fund as it went along ? — A. Yes, sir ; that is 
the time — the arrangement should be such that we should fill a con- 
tract. 

Q. And pay for it out of the proceeds of this contract '? — A. Yes, sir. 

Q. That was understood between you and De Golyer «& McOlellan ? — 
A. Yes, sir. 

Q. That was to go in as a part of the expenses of this contract as 
much as any other element ! — A. It was to go in as a part of the ex- 
penses of the contract as much as any other. I wish to state to the 
chairman that since I have been standing here it has occurred to me 
that Mr. Nickerson, Mr. McClellau, and myself did one day come into 
the board of public works, to argue or to mention to the board some- 
thing about the curing process; I don't know — but in connection with 
that something was said in regard to this pavement. That was pretty 
early after I got into Washington. That did not occur to me at the time ; 
but it was the time the question of the processes for curing the wood 
was being argued, and Mr. Nickerson and Mr. McClellau went into the 
board and stated something about the Sanuiels process ; and, I think, 
incidentally in connection with that, theie might have been some state- 
ment in regiird to this pavement; probably there was. 

Q. With that exception, then, you never ap[)eared before the hoard of 
]uil)lic works, except with your counsel, IMr, Parsons ? — A. AVith that 
exception. 

Q. I find here, on the 23d day of February, an application of De Golyer 
& McClellau — a proposal, I will read : 

Board of Puijlic Works, DisnacT of Columbia, 

Washinyton, February 23, 1872. 
Tlie board met at half past one o'clock p. m. 

Present — Governor Cooke, Messrfs. Shepherd, Magriider, and Brown. Of the advisory 
board, Generals Humphreys and Barnes. 

The members of the advisory board were present by rcijuest, for the purpose of con- 
sidering-, in connection with the boar<l, the " proposals for preserving wood for woodcu 
pavements," wiiicli were opened on the 20th instant. 
The following bidders were represented, viz: 

• »«##»* 

De Golyer & McClellan, by Nickerson & McClellan. 

Addresses were made relative to the merits of the several processes. 



1256 affairs in the district of Columbia. 

Upou the recommeudatioti of the monibn's of the advisory board, the parties repre- 
senting- the bidders were reciucsfed to furnish samples of wood prepareil by their re- 
spective processes, with a view of having a practical esaraiuatiou made of their relative 
merits. *#***« # 

The Chairman. Now, there is another applieation for the pavement. 

Mr. Johnson, (secretary.) Yes, sir; that will be broaght in ou Mon- 
day. 

Q. Did you say, in regard to all these notes, that yon placed them in 
the express otitice f — A. I did not see anv of these notes after they were 
placed in the express office, save one note held by the Cook County 
National Bank. It was past due, or was maturing, arid Colonel Kirt- 
land was in Chicago. I saw the note in that bank ; that is the oidy time. 

Q. What was the amount of that note ? — A. I think that was $20,000. 
I think sov— two notes of $10,000 each. 

Q. Did you have the note, or notes, in your possession ? — A. Not 
nntil it was held by the bank. I simply saw the notes in the hands of 
the president of the bank. 

Q. Do you know by whom that was indorsed 1 — A. All these notes 
were indorsed by De Golyer & McClellan, payable to their order. This 
note was so indorsed. There was no other indorsement ou it. 

Q. When was this ? — A, I can hardly tell the exact date. 

Q. W^as it iu the fall, winter, spring, or summer ? — A. What is the 
date of that express receipt, may I ask ? 

Q. July 8. — A. I think it was the fore part of the year 1873. 

Q. Kirtland was with you? — A. Yes, sir. He was not with me at 
that time; but he had been at my house, and stated one of those notes 
was past due, or was about to become due, and asked would it be paid 
at the tiiue of maturity. I told him I didn't know ; that I would see De 
(xolyer & McClellan. He said that the Cook County National Bank 
held the note. I went to the Cook County National Bank, aud the 
]>resident stated to me that he had the note, and showed it to me at 
that time. 

Q. Who was the pi-esident? — A. I cannot call his name. 

Q. Do you know who placed that note there for collection ! — A. I do 
not. I don't know how thac note came there. He said he received it 
iu a regular way. That was his statemeut to me. 

Q. Why did he say that he received it iu a regular way ? — A. I don't 
know why he stated that. 

Q. Is not that the way these notes are nsually received by banks? — A. 
I su])pose so ; but I was surprised to know the note was in his hands ; 
aud it may haVe been owing to my expression of such surprise. 

Q. Why does Mr. McClellan, in one of his letters to you, call these 
notes " fancy notes?" — A. That is the name he always gave them after- 
ward. That is one of his own selection. 

Q. When did you last see Colonel Kirtland ? — A. I have not seen him 
for many months. 

Q. What is Mr. Kirtland's business? — A. I think that he has a farm 
at Green Bush, opposite Albany. 

Q. I noticed yesterday in your testimony you give a detailed account 
of these notes and they seem to be for different amounts and payable at 
difterent dates. You will hud a reference to the amounts on page 1222 
of the record. They are embraced in the telegram sent by you to De 
Golyer & McClellan. — A. Yes, sir; at 1118 Prairie avenue, Chicago. 

Q. Was this telegram sent in pursuance of an understanding or con- 
sultation you had with Mr. Kirtland ? — A. It was after I had arranged 
the terms of payment — the time upon which these notes should be made. 



TESTIMONY OF GEOKGE E. ClIITTENDEX. 1257 

Q "SVc'ro notes afterward made in accordanee with this telegram, as 
to Tlie amounts? — A. Precisely iu accordance Avith this telegram as to 
amounts and time, 

Q. ]-)id you carry with you when you returned to Cliicauo a memo- 
randum corresi)on(ling- with this telegram ? — A. 1 have no doubt that I 
had a nuMnorandum ; that is my custom. 

CJ. That was arranged between you aud Mr. Kirtland in Washing- 
ton i — A. Yes, sir. 

Q. Why was it that these particular amounts were named '? — A. That 
I cannot answer ; I do not know. They were made at tlie request of 
I\Ir. Kirtland as to amounts. x\nd the time was made at my request. 
That is U)ng time so as to pass over. 

(}. Did he give you no reason lor desiring several different notes in 
dittereut amounts? — A. Not a word was said in regard to that ujalter, 

(i. You are aware of the fact, that since you were in Washington 
(Mt\, that there Avas an investigation progressing, aiul were you not 
liki'wise aware of the fact that this same matter of the value of this 
fSamuers ))rocess of ironizing was under inquiry ? — A. I did not so 
understand it. 

Q. Did you not know that Mr. Nickerson had testified upon that 
subject? — A. I knew he had been before the committee in some relation, 
but I did not know exactly how. 

Q. And never had the curiosity to ask him what he testified to upou 
that subject? — A. No, sir; I never had the curiosity. 

(2- Don't you know that the (luestion of the injurious effect of the 
use of the ironizing process was under ccmsideration by the committee i — 
A. No, sir; I did not know tliat question Avas uj) at tliat time, 

Q. And in your freiiuent interviews with Mr, Nickerson that fact was 
never conununicated to you ? — A, Mr, Nickerson never intimated to me 
but what this was a good process for treating, 

(^, Don't you know that certain blocks that it was alleged had been 
decayed by this process were produced before that committee ? — A. No, 
sir ; I don't know that fact at all, 

Q, Nor did you attend any meeting of this committee 1 — A, I didn't ; 
not one. 

Q. Are you not aware of the fact that Mr. Kirtland, at one time, so- 
journed or resided in Chicago? — A. Tliat he resided in Chicago prior to 
my being in Washington? 

Q, Yes, sir. — xV, No, sir; I was not aware of that fact, 

(). He didn't reside there, then, subseipicntly ? — A, No, sir; not to 
m\ km)wledge, I have no knowledge u[)on that subject that he ever did 
reside in Chicago, 

(^>, How hjug did he remain in Chicago, during the pendency of tliis 
negotiation about the notes'? — A, Colonel Kirtland was in Washington 
daring the pendency of that negotiation, 

Q. 1 njean the negotiation witli regard to the payment of the notes ? — 
A. Oe miglit have been there a week. 

Q, Your relationswere asi)leasant and as intimate with Colonel Kirt- 
land as with IJrown, were they not ? — A, I cannot say they were (juite 
as intimate as tiiat, 

(). You nu't him fre(iuently? — A. Yes, sir. 

Q. Dined at the same table? — A, Yes, sir. 

(). And spoke to him with the same freedom? — A. I spoke to him willi 
a great deal of fr<'edom. 

(^. ^Vhy was it that lie, who was to receive much the larger jjortion 
of this compensation, loaned you no portion of the moue^ — that you 



1258 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

found it necessary to borrow? — A. I never dre-imed of taking a dollar 
of the money I gave him, of that $97,000. My idea was to have my 
profits entirely out of the contract. 

Q. Why did you after-ward, and before the payment of the $10,000 
to you for Mr. Brown, make the arrangeuuMit with him that he shoukl 
loan you $8,000? — A. Simply because I had expended, at least, $10,000 
of personal funds, including my family expenses, in Chicago and in 
Washington, in the fiv^e months and ten days in getting this contract, 
and I was short of money. Before I went back to Chicago — I think 
it was two days before I returned to Chicago — I said, incidentally, to 
Mr. Brown — I did not expect he would let me have the money then — I 
said, incidentally, to him, "I have got to borrow $8,000 for six months ;" 
and he replied, " I will let yon have that money." 

Q. The point I make is, why you should speak of your necessities to 
Mr. Brown, who was to receive but a small portion of this money, and 
not to Mr. Kirtland, who was to receive a very large sum of money? — 
A. The arrangement with Mr. Brown was to have cash ; the arrange- 
ment with Mr. Kirtland was iiot to have one dollar in cash. 

Q. But the notes given to Mr. Kirtland were negotiable? — A. Yes, sir. 

Q. Perfectly good f — A. Yes, sir. 

Q. And could have been discounted ? — A. They were discounted. 

Q. I understood you to say that the purpose yon had in borrowing 
the money of Mr. Brown was to meet obligations you had incurred in 
Chicago. — A. In Chicago? Yes, growing out of expenses. I had drawn 
upon my own resources. 

Q. Aud yon had no obligations outstanding here? — A. No, sir. 

Q. Could not you have used them with the same facility — the notes — as 
the money, in Chicago, the makers being perfectly good?- A. I think I 
might have done so. 

Q. And you never made that application to Mr. Kirtland ? — A. Xot 
a word. 

Q. i^or did you allude to your necessities with Colonel Kirtland ? — 
A. I think I never said a word to Colonel Kirtland in regard to that. 

Q. You received about $1,400 ? — A. To be exact, $1,375. 

Q. And you had expended a very large amoiuit beyond that. In 
what way had you expended it ? — A. In the first place, it I had re- 
mained in Chicago it would have been much more profitable for me 
than to have come here, as results have already proved. First, in re- 
gard to time ; and next, in regard to personal expenses, and last, 
but not least, ray family expenses which were going on in Chicago ad 
the time. 

Q. I will ask you if you did not entertain, from time to time, gentle- 
men at the table at the Arlington House? — A. I did. 

Q. I>id not Mr. Kilbourn dine with you there ? — A. No, sir. 

Q. Did not Mr. Huntington fre(pieutly dine with you? — A. Mr. Hunt- 
ington did dine with me before his death. 

Q. How frequently? — A. I think two or three times. I was glad to 
have him dine often. 

Q. Did any member of the board of public works dine with you 
there ? — A. Not a member. 

The Chairman. 1 do not think it worth while, Mr. Christy, to go in- 
to this. 

Mr. Christy. I have information from gentlemen that the witness 
has not explained the full extent of his acquaintance in this city, nor 
the persons with whom he associated familiarly, and with whom he 
dined. 



TESTIMONY OF GEORGE R. CHITTENDEN-. 1259 

The Chairman. Ask the witness to give the name of any snch gen- 
tleman. 

Mr. Christy. I was laying the foniKlation. He spoke of large ex- 
penses liere. I want to know their natnre. 

Q. Then none of the oftieial persons ot this city dined with you, or 
took meals with you at the Arlington House while you were here? — A. 
Xot one. Mr. Huntington did, but he was not an ofUcer. 

Mr. Christy. I understand that. 

Q. Yon made an arrangenient with Mr. Brown and made an arrange- 
ment with Mr. Kirtland ? — A. I did. 

Q. Please explain why it was that you allowed this difference of com- 
pensation — so small a compensation to Mr. Brown, so large a compen- 
sation to Mr. Kirtland, they both being conditional on success ? — A. Mr. 
Kirtland, I considered, had more influence; that is, he represented to 
me that he had great influence to get a contract. 

(}. Did not Mr. Brown represent he had great influence ? — A. Mr. 
Brown represented that he had influence. 

Q. A great influence ? — A. Not exactly that. 

3Ir. Mattingly. I suggest to the conunittee that this has all beeu 
gone over. 

Mr. Christy. This questiou has never been asked. 

The Chairman. Let the witness answer the question. 

Q. How did you estimate those things — ui)on what basis'? — A. Merely 
from my judgment of the matter. Mr. Kirtland said he had great in- 
fluence here, and would be able to do a great deal of good iu getting a 
contract. 

Q. Still you did not believe him, because you made it conditional "^ 
A. I believed him as well as I would any stranger wdio came to the 
Arlington. I wish to keep before the minds of the committee the fact 
that It was not necessary to have personal acquaiutance with him, or 
that I should have a personal acquaintance with a party, iu order for me 
to enter into a contract with that party to procure an award contingent 
— so that we may understand each other. 

Q. Mr. Kii'tland said that he had influence ? — A. Yes, sir. 

Q. Mr. Brown, with equal emphasis, said that he had influence ! — 
A. I cannot say with equal emphasis. 

Q. Of course, he did not use those forcible expletives that Mr. Kirt- 
land indulged in. Can you answer the question why you made the difler- 
ence in the amount of compensation 1 — A. Because I considered that 
Mr. Kirtland had more influence than Mr. Brown. 

Mr. Christy. Being a man of sin and the other one not a man of 
sin f 

Mr. Storrs. I submit if that is a question. 

The Chairman. O, no ; that is not a question. 

Mr. Wilson. It is a speech. 

Mr. Christy. I am not sure; one appears to be a reverend gentleman. 

Mr. Storrs. That will hardly be 

Mr. Christy. Perhaps the reverend gentleman was a man of sin. 

Mr. Storrs. 1 object t/^the question. 

The Chairman. 1 think we Imve exhausted this witness. 

Mr. ('iiRiSTY. In these interviews with Colonel Parsons, did you ex- 
plain to him the kiiul of gravel you. were using. Was it not known as 
self-cementing gravel ! — A. Yes, sir. 

Q. That was the great superiority '? — A. Yes, sir ; that was one of the 
features of the pavement. 

Q. Will you explain what you mean by self-cementing gravel .' — A. 



12G0 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Gravel that when it is rammed — I believe that is the term pavers use — 
wlieii it is rammed between tbe blocks, that it self-cements or packs 
itself, so tbat it becouies like brick in time, and bard. 

Q. So it is not that it possesses any unusnal ingredients, this gravel, 
but simply tbat tbe pressure to wbicb it is subjected, gives it this ce- 
menting cbaracter? — A. It must bave a certain quality of iron, &c., in 
its composition. 

Tiie Chairman. Mr. Chittenden, I think I will ask you one other rpies- 
tion. Ilave you been in correspondence, in any way, with Mr. Kirtland 
since the 8th day of Jidy, 1872 ? — A. Once in a while in a friendly way, 
that is all; not in regard to business. 

Q. He would write you occasionally a friendly letter? — A. Yes, sir; 
once in a while an occasional lettei". 

Q. When did you receive the last friendly letter from him ? — A. Well, 
sir ; I cannot tell — not for some time. It is some time ago. 

Q. Have you any of these friendly letters with you i? — A. I have not. 

Q. No allusion in any of them to this business that you had been 
engaged in ? — A. JSTo, sir ; not at all. 

By Mr. Jewett : 

Q. I would like to ask you a question with a view to some scientific 
matters. Where were you born ? — A. In Monroe County. 

Q. What State f— A. New York. 
* Q. In the light or dark of the moon? (Laughter.) — A. lean hardly 
answer that question. 

Mr. Jewett. That is all. 

W. W. Warden sworn and examined. 

By the Chairman: 

Question. I wish you to state to the committee your business. — 
Answer. I am a lawyer in this city and newspaper correspondent — have 
been — am identified yet; having charge of a paper. I do not do much 
newspaper business uow, nor have not been doing much for a couple of 
years. 

Q. You are a practicing attorney, however, in this city? — A. Yes, sir, 
lam, and have been for a number of years. I devoted myself origi- 
nally to the newspaper business for eight or ten years — eight years— and 
since that my son has been running my newspaper business and I have 
not been doing much newspaper business. For three years I have been 
practicing law. 

Q. In justice to yourself I will ask you what newspaper you are con- 
nected with? — A. I. am corres|)ondent of the Boston Post. 

Q. Did you hear Mr. Adams testify this morning? — A. Y^es, sir; I 
heard all that he said. 

Q. He made some statements with reference to yourself. — A. Yes, sir. 

Q. If you agree with those, say so ; if you don't, state wherein you 
differ with him. — A. I differ in toto ; it was a tissue of falsehoods from 
beginning to end. That is what I mean to S|»y. Now I will give you 
my statement, if you will permit me. He states what is not true as to 
the manner of my introduction to Mr. Evans. Mr. Copeland had 
kindly said some things of me, as being a person who was compe- 
tent to take charge of his business — the business of Mr. Evans — 
in this city. I had never seen Mr, Evans. He had become entangled 
here very much. His accounts were mixed up. He was in bad odor, 
as it turned out, with the board. They would not believe him, and 



TESTIMONY OF W. W. WARDEN. 1261 

he liad ^ot into sncli a condition tlmt tlioy absolutely refused, as be in- 
foniie<l me liinisclf, to liave anytliiny- to do with him. ^Ir, ('ope- 
land liad said to him somethin.y about my staiidiiiii- here; aiul it was 
flatteriui>-, trom what he himself said. I met him in New York, and he 
took me to Mr. Evans's business ])Iaoe, at the corner of Duane street 
and Broadway. He then introduced me as the gentUMnan of whom he 
had spoken, \vho lived in ^Vasllillf:ton. There was not a word said 
about it, other than askiu<;- me whether I practiced law there or not. I 
handed him a card, like one which I have in my pocket. He told me 
Mr. Copeland had been recommending U'.e to hin) as a proper lierson to 
take charge of his business, which had grown into huge proportions, 
and was very much niixed at the time. He said his assistants or 
representatives were not conducting the thing successfully, and he 
had got into a complication with the board and could not get a settle- 
ment, and wanted to employ me as an attorney for that purpose. I said 
I would be glad to take charge of his business. We were not together 
there longer than the time it has taken me to tell what I have tohl here. 
We parted with the understanding that in a few days he would meet 
me in Washington, or, if I came back — I was then in tiie habit of going 
to New York once a week— or when I came back, I was to call on him. 
\Vlien I went back the next time I did call, and he was away in Boston, 
or somewhere. The next time we met, he came here and sought me. 
His statements about my importunities are wholly false. I never im- 
portuned him. I entered into an agreement with him to give me a 
percentage on the amount paid him by the board from that date for 
helping him generally. 1 took charge of all his business, not the busi- 
ness solely of the board 

Q. What per percentage were you to receive? — A. Five i)er cent, on 
all that should be collected from the boai-d for attending to liis business 
generally ; not simply the business of the board, but any other connecte<l 
Avith his affairs. He had some threatening litigation ; had some. 1 think, 
at that time; and has yet. He is very much mixed u[). I took hold of 
it, and i)erformed my duties very industriously, as the meuibers of ihe 
board will tell you 1 was with them constantly. They did not want 
to give him any further business. I begged tliem to try him further, 
but his condition with them was such that they could not give him more 
work. They said he was an utterly unreliable man, and would not keep 
his promises; and, in fact, that was his reputation here; in fact, that's 
his reputation here and in Brooklyn. 

The Chairman. You need not state his general reputation. 

The Witness. Now, he made a statement as to how we got together. 
I want to clear th-it up. I went on in that capacity, and he gave me, 
the 28th day of 0(;tober, an order for $28,000. Please mark it. On the 
7th of November 1 tiled it with the board. It was made payable to me 
or my order. I filed it with the Itoard, and it was passed to my 
credit or rather it was considered as my property. 

By Mr. Hamilton : 

Q. What year? — A. Last year, 1873. He engaged me in July. I had 
that Older in my possession all the way up to the 5th day of December, 
when he came down here end«'avoring to sell his pro{)erty, as he alleged 
then and afterwards, for the purpose of preventing creditors fr<»m get- 
ting hold of it. He made some kind of a sale, which he claims to have 
been a sham one, although he tohl me it was made in good faith at the 
time. Tlu're was litigation here |)ending on it at the t\nu\ 

Q. Are you his attorney ?— A. 1 was here until the date — I am coming 



12G2 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

to that directly. I am not iu liis omjiloy now. I was then. He wanted 
to make some disposition of what was supposed to he coming to him 
from tlie board. He came to me saying that he was threatened with a 
snit, which is now pending, and was to be brought that day, and some 
others. 

Mr. Christy. I desire to suggest this. I understand that the rela- 
tion of attorney and counsel was continuing during this time, and cer- 
tain declarations made by Mr. Evans ought not to be given liere. I say 
it because I recpiired Mr. E^^ans to come here and testify. I feel it to 
be my duty to suggest that there are disclosures that no court would 
allow as between an attorney 

The Witness. The answer to that is that they have been allowed, 
and I am answering them. Mr. Evans made a stateaient here 

Mr. Christy. Not on these subjects ; not as to his declarations on 
these subjects. 

The Witness. Yes; he did. 

Mr. Christy. I do no want to limit tlie inquiry, but merely suggest 
t]>at these declarations of Mr. Evans, given under the circumstances 
they were, are hardly pro]»er to have go in evidence. 

The Chairman, i thiuk the suggestion you have made is a very 
proper one for you to make to the witness. That he should be cautious 
as to his statements so as not to involve the relations he sustains 
with Mr. Evans, but tlie committee, I thiuk, will hear whatever he may 
see proper to say on that subject, if it is pertinent. 

The Witness. If the cominittee please, Mr. Evans was permitted to 
say a great deal here about me, which, if you will pardoij me, was ut- 
terly irrelevant, and was in fact trying me; I want to pnt myself right 
on the record. 

The Chairman. Because we were appearing to try you, it is not nec- 
essary that you should try Mr. Evans. 

The Witness. No, but I wish to defend myself. 

The Chairman. I think you had better contine your statements, as 
nearly as you can, to the personal relations. 

The Witness. I will dei)art right here from it. My only object was, 
not to have Mr. Evans's statements go upon the record witliout some re- 
sponse from me. I was merely referring to what he himself has made 
reference, not to anything else to what was developed here. 

The Chairman. I do not think all that is material. 

The Witness. I will depart from that point. 1 simply refer to it as a 
matter of Justice to myself, and to show what character of man it was 
that was telling these things. 1 was em[)loyed as an attorney to do his 
general business, and it went on, as I tell you, and he gave me this order, 
of which he speaks, this $20,000 order, on the 28th day of October, and 
1 have it yet. On the 5th day of December when he was down here, as 
he says, to make some disposition of his property he, in the most un- 
qualilied terms, agreed that that order was to be held by me to protect 
me for services I had already rendered, and what I should render in the 
future, and I hold in that rehition now exactly. 

Q. You hold these certificates pursuant to that agreement ? — A. Yes, 
sir. I do not care, so far as 1 am concerned, about this, and do not care 
to make any further statement. It was in regard to my relation with 
him as an attorney that I was anxious to make a statement. 1 do not 
care anything about the rest. 

By the Chairman : 
Q. I will ask one or two questions. You say in this first interview 
you made an agreement with Mr. Evans to become his counsel and to 



TESTIMONY OF W. W. WARDEN. 12G3 

receive five per cent, upou all the collections made after that date ? — 
A. Yes, sir. 

Q. And that was in Kew York, at the corner of Diiane street ? — A. No, 
sir ; I aiiieed that I would take hold of his business, but we made the 
agreement as to that some few days afterward in this city. 

Q. You went with Mr. Copelaud with a view of uiakini;- some negotia- 
tions? — A. Yes, sir. 

Q. He didn't send for you?— A. O, yes, sir; that was the understand- 
ing. He and Mr. Copelaud had talked about me, and Mr.Co[>eland had 
agreed to bring me to him and introduce me. 

Q. You were really sent for, then, by him !— A. Why, certainly. 

Q. In order that he might have the benefit of your skill and judgment 
as an attorney ? — A. Yes, sir. 

Q. Do you know what amount was still due from the board of ]Kiblic 
works at that time? — A. At that time, as lie represented it, there were 
813(>,()0(), about, due; but when I came to examiue it with the auditor, I 
think it was shown that there was in the neighborhood of $92,000 due. 

Q. Still due from the board of public works? — A. Yes, sir; but tljey 
were holding back, as was their custom, and, mark you, what he claimed 
to be due after he had performed his contract ; but they held back a por- 
tion of it as a perceutage, as they do always to protect themselves. 

Q. What was the total amount theu due; I want to get at that; 
what was the total amouut then due from the board of public works, 
to Mr. Evans, according to your judgment? — A. lu round figures, 
$93,000 or $94,000. 

Q. You were to receive 5 per cent, of that sum ? — A. Yes, sir ; of 
any sum that might be due him. 

Q. Now, I may not exactly understand. That is the reason I am ask- 
ing this question, how you could retain properly twenty-eight thousand 
dollars, if you were only to receive 5 per cent? — A. Twenty thousand 
dollars; this was the amount due at the time — in July or September — 
whenever it was, he come over here — the amount that was theu due him. 
He did other work. He continued on to do other work. He expected 
to do a great deal more. He did do more. It was in the future. I did 
uot retain twenty thousand to pay me that percentage on that i)articu- 
lar sum. I held this twenty thousand dollars three or four mouths after 
they confirmed to me, as a payment for what had been due me before, 
as might hereafter; that is, if he should secure in the future, some 
other contracts. Why, of <;ourse, it was the agreement all along ; iu 
sums thereafter to be paid him by the board of public works. 

i}. You were to have an interest in these future contracts, according 
to Mr. Evans's contract ? — A. There is a statement — [ do uot care to go 
into details. It is uot important to me, but that was not the agreement. 
I never heard of K street specially. 

(^ Jiut you had some (Conversation with him about your ability to 
procure contracts with the board ? — A. That is not true. 

Q. You never nuide any statement to the effect that you had great 
infitu'uce with Jim ^Magnuler? — A. I never use such language. 1 am 
not in tlie hal)it of u.sing those terms. 1 did know Mr. Magru<ler, but I 
never alluded to him in such terms; nor Mr. Shei)herd. 

Q. You never stated to him that you had great infiuence with the 
board, and could procure contracts ? — A. Never. He told me tliat Mr. 
Copelaiul an<l other gentleuKMi, I don't k!iow who they were, had said a 
great deal that was fiattering of me to him. I never told him that. He 



1264 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

lias got it confused — to be charitable, he has c^ot it confused with some 
otlier persons. Those who know me liuow that I do not talk in that way. 

Q. You retained these twenty thousand dollars to secure you against 
any loss on account of future payments that might be made by the 
board with Mr. Evans? — xV. No, sir; I would not like to put it iu that 
language — not any loss. I hold that by his agreement as being due 
me already for my services up to that time, say three or four months, 
for my services, and in the future that would become due. 

Q. How much had you collected from the board?— A. I do not 
recollect abont that. 

Q. Up to this time how much have you collected'? — A. I have not 
collected of myself thirty thousand dollars. I took thirty thousand 
dollars over to him on one occasion, and I was instrumental in getting 
his accounts settled, and I worked for them. 1 was not to collect and 
hohl the nioney in my hands. 1 was to receive a percentage on all he 
would receive thereafter from the board. 

Q. How much has he received since that time? — A. I don't know. I 
have been trying to get a statement; I don't recollect about in. I ceased 
on the day when he wrote the ord^r which he spoke to you of. I ceased 
tlieu to do business for him, except in so far as I was interested in hav- 
ng a settlement. 

Q. You still have the $20,000 ?— A. I have. 

Q. How much had you received up to that tims ? — A. O, Ihala't 
received anything, but ^jOjOOO; I didn't collect it. He collected it; I 
didn't. 

Q. How much was settled up to that time ? — A. I cannot say ; it may 
have been $50,000, or somewhere there. There is coming to him, as he 
claims, yet one hundred aud odd thousand dollars. 

By Mr. Stewart : 

Q. Didn't you receive something before you received the $20,000 ? — 
A. Yes, sir. 

Q. How much ?— A. I received three orders, T think ; one of a 81,000, 
aud one of $3,000, which 1 paid over to him on his order, and I have the 
receipts for them. 1 paid over to some of his employers. 

Q. You didn't receive that as fees? — A. No, sir; that is not so. I 
never got any money ; I always got orders. 

Q. You didn't get any i)ortion of that as your fees ? — A. No, sir. 

Q. Then you retained the twenty thousand dollars. Now upon what 
theoiy did you retain it exactly? — A. Just as he and I agreed that it 
was to be, to pay me for services rendered u]> to that period — the 5th day 
of December and for my future services. I did go on until a point of 
time — two months after that when he attempted to annul my order. 

Q. Upon what theory was that twenty thousand dollars arrived at? — 
A. Percentage — O, I beg pardon, I will have to state that afterward, after 
this agreement for 5 per cent — I do not know wliether it was a month 
or how many weeks, but after that agreement, when he found he was in 
such bad odor with the board, and was not going to get any more work, 
he then agreed with me that he would give me a portion — twenty-five 
or thirty-five cents per yard for any work the board gave hiui there- 
altn-. 

(I. Did the board give him any work thereafter? — A. Yes, sir, 5G,000 
yards. 

Q. And you were to have what portion ? — A. It was to vary according 
to location. He said, for instance, for some on the hill he could not pay 
nieso much. That would only be 20 cents per S(piare yard. 



TESTIMONY OF \V. W. WARDEN. 12 G5 

Q. How much down on the hill ? — A. I think, as I have been in- 
formed, about eight or ten thousand yards ; about that. 

Q. That would be about 2,000 for that, would it?— A. Yes, sir. 
"^ Q. What else l — A. The whole, as I tell you; the work done, iucUul- 
iug that, as I am informed, is 5,000 yards. 

Q. What percentage of that did you pay % — i^. Anyhow 25 ; as I say, 
it was to be from 25 to 35, according to location. 

Q. Why did he agree to give you a percentage on that ? — A. Because 
I was to make an api)eal and seek to get him in good odor, and continue 
to let him have work. 

Q. Did you continue to make the appeal ? — A. Yes, sir. 

il. Did you get those contracts for him? — A. I cannot say I got them. 
They did not hand it over to him, but they gave him further Avork with , 
the understanding that I would see that he kei>t his promises, and that 
he performed his work pro})erlv. 

Q. To whom did you make these appeals? — A. To the board. They 
were inclined not to give him any work; he was not doing his work 
well; he was neglecting it. He could do good work, but he was neg- 
lecting it in some places. 

Q. You knew that, and the board knew it? — A. I did not know it 
when I began with it. I learned this as we went along. 

Q. Y'ou continued to appeal to the board when he was neglecting his 
work % — A. No, sir. He promised to fix it, and he fulfilled his promise. 
They let him go on, and try other work, and he did it well ; that is, the 
sub-contractors did it for him. 

Q. Y^ou say he gave you as a fee this $20,000 ? — A. I did not say that 
he gave it to me as a fee, but on account of fees. I have his letter. 
That states the fact. He did not state that he was to give me this 
820,000. 'He did not state anything of that kind. He purposely avoided 
stating that. His theory is, and he charges in his suit 

Q. Has he got, a suit against you?— A. Yes, sir; he has brought suit. 
He has not alleged the agreement in the suit. He simply charges that 
I have an order of his, and he hears that I am going to convert it to my 
own use. 

By the Chairman : 

Q. Have you converted it to your own use ? — A. No, sir. I never did 
make application to the board. I knew I could not get the money from 
the board. 

Q. You have the certificate in your possession ? — A. Yes, sir. 

Q. How much is it for?— A. $20,000. 

Q. It is an auditor's certificate ? — A. Y'es, sir. 

Q. You say you have not used it ? — A. No, sir. 

Q. To whose order is that certificate made payable? — A. To mine; it 
was understood always. Never until he raised this question in January. 

It was always understood to be my property. You see I held it from 
the 28th day of October. It was when he found he could not trick me 
out of it that he resorted to this thing. 
By Mr. Christy : 

(i. When you were employed, in the first instance, you stated that he 
was iu very bad odor ? — A. As it turned out. 

Q. You succeeded in deodorizing him? — A. No, sir; I don't think I 
did. 

Q. Not entirely ? — A. Not at all in that. 

Q. I will ask you this: In pursuance of that employment did you 
not investigate thoroughly the books of the board of public works, rela- 
80 D c T 



1266 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

live to Lis contracts ? — A. I caunot say I did it tlioroiiglily. I did 
enough to see the condition of his account. 

Q. Did you not find the accounts of Mr. Evans in very great confu- 
sion ? — A. Yes, sir. 

Q. And in great uncertainty ? — A. Tes, sir. 

The Chairman. I must caution you in the interest of Mr. Warden's 
client. 

Mr. Christy. I am not speaking of the client, for that is not injurious 
to him, but I remember seeing Mr. Warden one day when he looked very 
much heated and very much fatigued, and he said to me he had just 
come from an examination of these books. If he will parden me for the 
betrayal of his confidence — I merely want to show the fact 

Witness. I do not mean to say to say the books were in great confu- 
sion; tbe trouble is his work Avas in great confusion, and they could 
not straighten out the books until it was put in better condition. 

Q. It was not because you found any confusion, — A. No, sir. 

Q. And you had no difliculty with regard to examination of the 
books ? — A. i^one at all. 

Q. It was merely in regard to his work ? — A. Yes, sir. His unfin- 
ished work. 

Q. Were you not aware of the fact that Mr. Oertly and others had 
reported his work had been done in a very superior manner ? — A. I was 
not. 

Q. And had allowed him largely increased compensation for his work 
after it had been done for that reason ? — A. I never heard of it. 

Q. You have interest in that controversy '? — A. No, sir. 

Q. Nor have you read the answer prepared by the learned counsel in 
this case upon that subject 1 — A. No, sir. 

BENJAivnN E. NiCKERSON, recalled. 

My attention has been called to an inaccuracy in my testimony. In 
one place I am made to say in the report in answer to Mr. Wilson's 
cross-examination — it seems he cross-examined me about East Capitol 
street. I supposed he was cross-questioning me about what I had been 
stating with reference to Pennsylvania avenue; but it seems he was ask- 
ing me about East Capitol street, consequently what I said on that sub- 
ject applies to Pennsylvania avenue — to work done by De Golyer & 
McClellan, not to work done by another man on East Capitol street. 

Then again I am made to say that Mr. Dent, now dead, informed me 
that he had made a contract with Mr. Chittenden for $10,000 for his ser- 
vices, and that afterward Mr. Chittenden got the contract. If I so 
stated I did not so mean. I do not think I so stated. It was Mr. Page. 
He was the man who made the statement, and not Mr. Dent. With ref- 
erence to what I stated with regard to the quality and workmanship of 
work particularly under the charge of Mr. De Golyer, and supervision 
of Mr. Quinby, I was referring to Pennsylvania avenue laid by them in 
1872, and not to the work done subsequently by their assignees, who 
succeeded to the contract, and finished up that part of the contract so 
far as it has gone. Their work under the charge of Messrs. Whitney & 
Eay, so far as I have had an opportunity of judging, is vastly better 
work. I refer particularly to the work done by De Golyer & McClellan. 

I made another remark which, if the committee wdl allow me, I prefer 
to go upon the record in a little different shape than what it is there. I 
was asked the question, what I would say if Mr. De Golyer was pres- 
ent in reference to his manner of executing the contracts ? I stated 



TESTIMONY OF BENJAMIN R. NICKERSON. 1267 

I would say to biin that be was an nnscrnpnlous contractor. I say so 
still, but I prefer, rather than to baxe my judg'ineut as to what au un- 
scrupulous contractor is, to state two or three circumstances upon which 
I based that statement. 

The Chairman. That is unnecessary. 

The Witness. To me it is a matter of opinion 5 I had rather state the 
fact. 

Mr. Wilson. That is, in relation to the manner in which he did bis 
work. 

The Witness. Exactly. 

The Chairman. You can state any fact in relation to ibis work. 

Mr. ^MattinGtLY. Was it in reg'ard to this work '? 

The Witness. Xot in regard to this work. 

The Chairman. Then you need not state it. 

The Witness. It is in reference to work done in Chicago. 

By Mr. Stewart : 

Q. Do you know Mr. Kirtland ? — A. Yes, sir. 

Q. How long have you known him ? — A. I met him here last spring, 
it is two years ago. 

Q. You have stated you were interested in having this contract 
awarded, because you expected to procure the work ? — A. I was here a 
long time before Kirtland was. 

Q. Did you come in contact with Mr. Kirtland pending these negotia- 
tions that have been testihed to "? — A. I met Mr. Kirtland occasionally ; 
we met at tlie Arlington; I saw him once at De Golyer & McClellan's 
office ; I have seen him upon the streets, more particularly driving a 
pair «)f fast horses. 

Q. During tbe spring of 1872, in April, May, and then into summer, 
and generally during that period, did you see him! — A. I saw him fre- 
quently. 

Q. Did you have any interest in what he was doing? — A. Well, sir, 
I had an interest in what it turns oat be claims to be doing, but pre- 
cisely what he was doing I do not think I bad much interest in. 

Q. Did you have any means of knowing whether be partici]>ated in 
procuring this contract or not! — A. 1 do not think Colonel Kirtland 
ever used influence that was beneficial in any sense to this contract, or 
that in any way pertained to these parties' interests. 1 never thought 
so, and do not think so now. 

Q. Why don't you tbink so? — A. Because he is a kind of man that 
if became to me and asked me I would not give him $12 for work for 
me. He was that style of man. 

Q. Did yoQ know at the time he was that style of man ? — A. Yes, sir. 

Q. What circumstances led yon to know it? — A. My attention was 
called to it. I do not know, but that perhaps a little out of tbe range 
of what I ought to say, but my attention was called to him as being a 
shyster. jMr. Page, of the firm of Dent & Page, called my attention 
to tbe style of man be was, more particularly. 

Q. Mr. Page was taking some interest in getting this contract? — A. 
Yes, sir. Mr. Page had made an arrangement with ^Ir. Chittenden, so 
he told me, whereby be was to receive a fee of $10,000 upon the award 
of the contract that be was endeavoring to get for De Golyer & McClel- 
lan. Mr. Page talked to me— I was interested with Mr. Page in some 
matters in New York. I knew Mr. Page very welK Hence we talked 
about it. I was in ftivor of their getting the contract and saying what 
I could, legitimately, in my way to favor their interests. Their interests 



1268 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

were identical with mine so far as a portion of the business was con- 
cerned. There was no bostility; on tlie contraiy, friendsliip. 

Q. Were you present when Mr. Chittenden said this morning that the 
only intiueuce he knew of Kirtland using was the influence of Mr. 
Page ? — A. AVell, this matter of which 1 spoke is about all the in- 
fluence he ever had, and I think about the last he will have. 

Q. Do you know the reason why they wanted to keep you still ? — A. 
Yes, sir ; I think so. 

Q. Can you state it a little more definitely ? — A. I came here, by the 
way, not on my own responsibility. I came here looking after the estab- 
lishment of the business in which I was engaged ; and I communicated 
to De Golyer & McClellan, and finally Mr. Chittenden came on. 

Q. You were here first negotiating ? — A. Yes, sir ; a long time before 
he was. They had been talking this thing up. The board of public 
works, by the way, had advertised for parties having different pave- 
ments and different patents to come forward before them and exhibit 
them, before Mr. Chittenden came here. 

Q. Did you get at his object in keeping you still f — A. Mr. Chittenden 
was rather reticent as to his exact object, but he told me that he had 
seen Mr. Huntington, and asked me if I knew him, and asked me 
how I knew him; and I told, him what I thought of him, and he 
told me he had already made some negotiations with Mr. Hunting- 
ton, and I rather ridiculed the idea of his considering that that was 
the ultimatum of what a man ought to do in a business transaction. 
Now, in a single word, I see all you want to get at. Mr. Chittenden's 
idea was this. That I was here in my own right, and in my own way, 
doing my own business. And became here, having subsequently made 
an arrangement with De Golyer and McClellan to obtain an interest as 
he has stated. I iiresume he made it. He came here; and finding Mr. 
Chittenden did all he could to keep me from saying or doing anything 
in connection with it; because he could, through Mr. Huntington, do 
better for me than I could do, which I well knew meant Chittenden and 
Chittenden's interest in the affair. He meant that if the contract was 
awarded he would get his percentage, and if I was conspicuous in the 
matter it would detract from Mr. Chittenden and his interest and pop- 
^ ularity, if you please. 

Q. How was it after the death of Mr. Huntington "? — A. He came to 
me after that. In fact I went to his room, and the morning before he 
was up — the morning Mr. Huntington died — and we had a talk upon 
the subject, and he then said that we should have to take some other 
steps — to get some other parties to represent our interests and to carry 
out the arrangement that was already on foot. 

Q. What did you say about that? — A. I said that that was all very 
weU. Of course I was not, mark you, objecting to Mr. Chittenden, 
because De Golyer and McClellan seemed to think Chittenden was the 
better man of the two; perhaps he was; I am not saying he was not. 
After two or three days I met him every day, perhaps, several times a 
day, and this thing was spoken of from time to time, and then he told 
me as I have already stated, that he had obtained the party. 

Q. Did he tell you who he had obtained? — A. No, sir; that was one 
of Mr. Chittenden's strong points, never to name anything that was defi- 
nite. He studiously avoided and purposely avoided telling me that. 
He stated to me that he had many warm friends and powerful influence, 
and the thing was very smooth, and all it wanted was to be let severely 
alone, and he hoped I would not interfere; and above everything else 
I should not say anything to Governor Cooke. 1 told him I had seen 



TESTIMONY OF BENJAMIN R. NICKERSON. 1269 

Governor Cooke, aiul he was very particular to know wluit I liad said. 
I told liiiu about all I had said — that was simply a matter ot business. 
He said he was very sorry that anything had been said to him; that 
the thing' was so very smooth that he would like to have it let alone. 
These were the arguments he used. 

Q. He was afraid you might hurt the plau ? — A. He was afraid I 
would interfere with his plans. 

Q. Was he afraid that your recommendation would injure it? — A. N"©, 
sir; he was very anxious I should recommend it. 1 went before the 
board twice, certainly, and I do not know but three times, and exhibited 
the evidences and specimens, and made the argument twice, certaiuly. 

By the Chairman : 

Q. How did you come to go to Mr. Chittenden before breakfast, on 
the occasion of the death of Mr. Huntington? — A. I heard Mr. Hunt- 
ington was dead early in the morning, and knowing that Mr. Chitten- 
den's main reliance was ou Mr. Huntington, I started for the Arlington. 
I was stoi)i»ing at the Imperial, I think. 1 went to the Arlington and 
went to Mr. Chittenden's room before he was up. I will state here that 
he had been to Xew York a day or two, and I think he arrived the night 
before. I told him Mr. Huntington was dead. He said, "No, it cannot 
be ; I was there at 12 o'clock last night, and they had a counsel of 
physicians, and he was a great deal better." He said, "There was some 
mistake about it." I said there was no mistake, Mr. Huntington is 
dead. He got himself up and came down-stairs, and sure enough he 
was finally made to believe that he was dead. 

Q. And you say that then it was concluded that you must get some- 
body else to carry out the arrangement ; Mr. Chittenden said that I — A. 
Yes, sir. 

Q. What arrangement was that, to carry out the arrangements you 
had on foot? — A. tfes, sir. 

<}. What arrangement was that? — A. The arrangement in relation to 
securing of a contract. Mr. Chittenden, as you will understand, had 
told me a dozen times or more that Mr. Huntington's influence and sit- 
uation were of a character that would insure the contract, which idea I 
ridiculed. 1 told him it was absurd. I did this when he first talked 
with me of endeavoring to prevent his placing too much confidence in 
Mr. Huntington's ability to carry out any such arrangement or being 
able to. 

Q. Why did you say that ? — A. I have no objection to tell you, although 
it does not a])i)ly to this particular case. 

Q. Wliy did you believe Mr. Huntington had no influence with the 
board ? — A. J <lid not say he had no influence with the board. I mean to 
say that he had not the influence that Mr. Chittenden assumed he had. 
I di<l suppose he had some influence with every gentleman he met, for 
Mr. Huntington was a very able and shrewd man. 

The Chairman. I do not care to press that question. 

A. 1 would rather you would not. It is not a matter pertaining to 
this matter at all. 

■ (^. When did yon first know Mr. Kirtland ? — A. As I stated Avhile 
this negotiation was pending he dropped in sight here. I saw him on 
the street. I saw him here for some weeks without knowing who he 
was. One day I met liim in l)e Colyer's office. 

Q. Did you kiu>w that jMr. Kirtland had any connection whatever 
witli Mr. Chittenden ? — A. 1 knew that he was in conversation with Mr. 



1270 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Chitteudeu. I did uot know that Mr. Chittenden placed any reliance 
whatever upon him. 

Q. Did you know at the time that Mr. Kirtland was using any in- 
fluence or operating in any way to secure a contract for Mr. Chittenden '? 
A. iSTo, sir; 1 did not know it then and I do not believe it now. I did 
not believe he did use any influence. I do not believe he had any. 

Q. Do you know Mr. Brown ?— A. Yes, sir ; I know Mr. Brown. I 
met bim frequently. 

Q. Did you know Mr. Brown was operating in this way?— A. ISTo, 
sir. 

Q. Did you not go with Mr. Brown aud Mr. Parsons to the rooms of 
the board ! — A. ISfo, sir. 

Q. You were not present at this argument ? — A. No, sir. 

Q. Did you not go on the 20th of February !— A. Yes, sir. I was 
there, and' made an argument before the board. 

Q. Mr. Brown was not with you then ? — A. I:^"o, sir. 

Q. Did you know Mr. Brown was employed by Mr. Chittenden ? — A. 
No, sir; Mr. Brown avoided every reference to anything of the kind; 
I will say he avoided it. 1 mean to say he did not communicate any- 
thing. 

Q. You were in constant communication with Mr. Chittenden on this 
subject ? — A. Yes, sir. 

Q. Y'^ou were interested as the patentee or owner of the patent pro- 
cess, in securing this contract? — A. Yes, sir. 

Q. And you had frequent talks with Mr. Chittenden on the subject ? 
— A. Very frequently. 

Q. Did you see what he was doing? — A. Yes, sir. 

Q. Did lie ever tell you ? — A. He told me he thought they were get- 
ting along very tine, and that he was assured. I am now speaking up 
to the time of Mr. Huntington's death. I am speaking of the time that 
elapsed after the death of Mr. Huntington, subsequentf to that time. He 
assured me every time the question was up that he had secured the 
proper arrangements for carrying out substantially what had been secured 
with Mr. Huntington. He stated that Mr. Huntington had secured a 
promise and the assurance that the contract should be awarded, and 
that Mr. Huntington had securtd it, and would have obtained it in a few 
days subsequent to his death. His death cut it off, aud he had secured 
the services of other parties. My idea was that in the same line aud the 
same men Mr. Huntington had been associated with had been substan- 
tially continued, aud the arrangements were absolutely to be carried 
out. 

Q. Who were those men? — A, Mr. Chittenden never informed me; 
whatever he knew definitely he cautiously concealed. 

Q. Had you any idea who those men were? — A. Well, he informed 
me — yes, sir; I had an idea who they were. My idea was that Gov- 
ernor Cooke was the main man that Mr. Chittenden assumed to me to 
be relying up«n, and I will tell you the reason I say that. He referred 
to Governor Cooke in the same connection, and said that Governor 
Cooke was a warm friend, and that he was warml> enlisted in such im- 
provements, and was peculiarily partial to our pavement, and that he 
had every confidence in Governor Cooke's best wishes, aud, if you please, 
ofiices in the premises. He did not say he had absolutely made an ar- 
rangement with Governor Cooke. 

Mr. Merrick. The witness has already deposed to that in his exami- 
nation-in-chief. 



TESTIMONY OF BEXJAMIX E. XICKERSOX. 1271 

By Mr. StewAkt : 
Q. Did you know of anytliin^ between Kirtlaud aud Cooke ? Did you 
ever see them tofivther ? — A. No, sir; I don't believe Governor Cooke 
knows him. 1 don't know, but I don't believe Mr. Kirtlaud has ever 
officiated in the matter. 

By Mr. Wilson : 

Q. Have you ever paid any money to secure contracts for yourself or 
for De Golver & McClellau ? — A. I have not for securing contracts 
at all. 

Q. Directly or indirectly ? — Xo, sir. 

Q. Have you paid out any sums of money in connection in an}' way 
with contracts ? — A. Yes, sir; and a good many dollars that I would 
like to get back. 

Q. To whom did you pay it ? — A. I have got a little ledger up there 
if you would like to see it. 

Q. Paid out in connection with these contracts? — A. With the 
i^xecntiou of the contracts aiul the establishment of the business. 
If you mean procuring the contracts, I say no. 

Q. What were the moneys you paid out for? — A. Buying machinery, 
&c. 

Q. I am not speaking about that. — A. I suppose you were not. I 
have not paid money to parties to assist me, nor have I paid it to 
anybody, directly or indirectly, to obtain contracts. 

Q. Have you been asked to place amounts of money with any person 
with reference to the procurement of contracts! — A. Yes, sir. 

Q. By whom were you asked to do that? — A. By D. W. Smith. He 
is a contractor here. He lives at Williamsport. 

Q. And with whom were you to place the money! — A. He wanted 
that r should place a thousand dollars of it with him, but I took 
occasion to decline. 

Q. For what purpose! — A. That it was necessary to secure our 
interest. I mean particularly the interest of Smith; and the reason I 
may add, because I aui using and treating lumber for Smith, and that 
he considered I should pay a portion of it, and hence he comes to me 
and asks me to furnish a thousand dollars of the four thousand dollars 
which he had that morning given his notes for, for the purpose of 
securing the execution and continuance of his contract. 

Q. To whom had he given that note ? — A. To his lawyer. 

Q. Who was his lawyer! — A. His name was Jeffries. 

Q. What was Jeffries to do for this $4,000 !— A. My dear sir, Mr. 
Smith came to me to pay $1,000 of it, and I absolutely refused, and he 
said he had already given his note to Mr. Jeffries. Mr. Jeffries was a 
man of large iniluence. 

Q. To do what! — A. To keej) him right side up. 

Q. To do what ; was that to get a contract t — A. No, sir. He had 
already had a contract. It was to protect him in his contract is the 
exact idea. 

Q. Were you called upon by anybody else at any time, to place any 
amounts of money in any other place than you have named ? — A. It 
does not occur to me that I have. 

Q. Give us your best impression on that subject ! — A. That is my best 
imi)ression. 

Q. Were you ever at any time called u[)on or asked to place any sum 
of money, or sums of money in the hands of Henry D. Cooke ! — A. No, 
sir. 



1272 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. The last question I answered there, I donotknovy that 
I got the proper idea ; whether I had been asked by anybody to pay them 
any money, or to advance any money. 

Q. I asked you if you had been asked by any person to place any 
money in anybody's hands'? — A. No, sir; not in such a sense as yoii 
suggest. 

Q. And you never were asked to place any money in the hands of 
Mr. Cooke ! — A. I never was. 

Q. Uid you ever state that you had been asked to do so ? — A. No, sir. 

Q. Or anybody *? — ^A. No, sir. 

Q. Have you not stated that you were asked to place certain sums of 
money with Henry T>. Cooke by any member of the board of public 
works or of the District government! — A. No, sir; I never said that to 
anybody or anything like it. 

Q. Have you not said substantially that you replied that you had con- 
tributed enough already, and that you had been forced into your fight- 
ing corner now and you would not contribute another dollar, and that 
your contracts had cost you several thousand dollars? — A. Yes, sir; I 
have said a portion of what you stated there. 

Q. What was it you have said ? — A. I now refer to what I said to Mr. 
Quinby, if that is the man you refer to ; Mr. Quiuby called upon me, as 
I said, to have me see him, and with his hand behind him. I told 
him in round numbers, and with emphasis, that not only had I got 
through with that sort of thing, but I had paid the last dollar, if you 
please, to the last blackmailer that ever need approach me. 

Q. Had you been paying any money to any blackmailers ? — A. Well, 
now, I don't know that 1 ever referred to having paid any money to 
any of them. 

Q. What had you done ? — A. I say I had not paid them. 

Q. What had you done that made you use such an expression as 
that? — A. Because I hav^e been in the habit of being called upon every 
day, perhaps, in the week by some curb-stone broker to have me pay 
him something or do something for some service that he could possibly 
render me. I generally said no, with a sort of emphasis which caused 
them generally to leave me. 

Q. Did you ever solicit the influence of any contractor in order to get 
contracts for yourself; and, if so, whose influence did you solicit ? — A. No, 
sir. I have assisted contractors in every way that were running in my 
line and disposed to treat their lumber and use my process. I have run 
with that crowd all the time, wherever I find them. 

Q. Did you make any statement of the kind I have asked you about 
to General Denver, of this city ? — A. I am well acquainted with General 
Denver, and I have conversed with him about District aflairs, and about 
the state of affairs generally in tbis District, and the way that con- 
tractors were compelled to transact their business, and the injustice 
there was in not being jiaid according to the contract, and being 
forced to accept paper that they could not use, and made to sacrifice 
more than their profits in shaving their paper, if compelled so to do. 

Q. But nothing of the kind I have been interrogating you about? — A. 
No, sir. I might have said to General Jeffries, and rather think I did 
say to him, that I had stood it as long as I intended to stand it, and 
that I would neither be satisfied nor would I accept of the promises to 
pay. In other words, certificates of indebtedness without a promise to 
pay, and without interest upon my money. 

Q. Now, in that connection did you tell General Jeffries that you 



TESTIMONY OF BENJAMIN R. NICKEKSON. 1273 

were in possession of facts wliicli you would use against the board if 
tliey did uot settle with you ? — A. iSTo, sir; I never said that. 

Q, Did you ever tell that to Thornton Smith, or something to that 
effect? You know him; he lives here in the city. — A. 1 know little 
Smith. 

Q. He was a witness here ? — A. I have uot seen him on the stand; 
but I have seen the testimony of Mr. Smith, and I suppose I know the 
man you refer to. 

Q. Did you ever tell anything of that kind to liim ? — A. I never said 
to him in language varying in substance from what 1 have stated to you. 

Q. Do you know why it has been that Page could not get this con- 
tract for be Golyer and McClellan ? — A. AVell, no, sir; I don't know 
why he could not, for Mr. Page claimed to me time and again that he 
had friends and influence and the promise of contracts. Not that alone, 
but other contracts ; and he negotiated for their sale, to my knowledge, 
of other contracts, and the terms were fixed for their sale. 

Q. Page negotiated for the sale of contracts? — A. Yes, sir; I know 
he did ; more than one. 

Q. Just tell us what contracts Page negotiated for the sale of, or at 
what rate ? — A. He negotiated with me for a contract of 50,000 yirds at 
$3.50 ; for which he was to receive 25 cents a yard bonus, when the con- 
tract was awarded and I had made the arrangement to turn the contract 
over to De Golyer & McCleUan, or McOlelhm, Jenkins & Co. 

Q. At what percentage were you to turn it over ?— A. $3.50. 

Q. What were you to get ! — A. 25 cents. 

Q. And Page 25 cents ? — A. Yes, sir. 

Q. And somebody else to do the work ? — A. Entirely so. 

Q. Could they afford to do it ! — A. I don't know. 

Q. They were willing to take it at those rates ! — A. Yes, sir. 

Q. Did Mr. Page get this contract ? — A. I didn't get it, if he did. 

Q. Was that contract awarded ? — A. Not to my knowledge. I am of 
the opinion it was not. 

Q. Do you know where the street was? — A. It was not d(^siguated. 
It has not been the plan in those things to designate the street, gen- 
erally. 

Q. What has been the general plan in the way of letting out these 
contracts, as you understand it? 

The Witness. In what respect? 

Q. To just make a contract to do so much paving and then the street 
designated afterward ? — A. Yes, sir; I think so. 

Q. Has that been the general plan pursued in this city ? — A. I think 
so. I think it has not been common when contracts were awarded to 
designate the street. I have seen several contracts but never saw one 
where the street was named. 

Q. Do you know of any ring in this city that had to be propitiated or 
paid before contracts could be awarded? — A. I have heard from the 
time I came in, perhaps, and before that, that nothing could be done in 
Washington — aiwl, by-the-way, it is not peculiar to Washington. I was 
at Pittsburgh, an<l tlie same thing was said there. 

Mr. Wilson. We will not try Pittsburg now. 

The Witness. In Washington, then, a ring had to be propitiated, and 
Mr. Huntington was the head of the ring. 

Q. As this is a matter of which the air is full, and we want to see 
whether there is any substantial foundation upon wliich it may rest, and 
to settle it for once and for all, I would like to know who the other 
parties to that ring, as you understand it, were. 



1274 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. Mark you, 1 dou'fc say Mr. Huntiugton was the head 
of the riug. 

Mr. Wilson. Mr. Huntington is dead now ; if there is anybody else 
implicated as being in such a ring as that, it would be gratifying to 
know it. 

The Witness. Mr. Page, in conversation with me, several times — but, 
by-the-way, he was nearly as reticent of names as Mr. Chittenden. He 
told me 

Mr. Mattingly. I submit to the committee whether this is, in any 
sense of the word, competent. Is it testimony to prove anything ? 

The Chairman. I do not think it is. 

Mr. Wilson. I do not think it is myself, but the air is full of this ru- 
mor about a ring that exists here; and if this District government wants 
to be thoroughly vindicated, and the public mind set at rest upon this 
question, I do not see any other way than to find out who are the re- 
puted members of this ring, and then have them brought here, and let 
them say that there is nothing in it. 

Governor Shepherd. That is right; that is what I want. 

Mr. MattinGtLY. There is no objection to that, but I object to Mr. 
Nickerson being allowed to state that Mr. Page told him so and so. 

Mr. Wilson. Certainly, this town is full of this report. 

Mr. Mattingly. Summon Mr. Page here, and let him tell what he 
knows about it. 

Mr. Wilson. If you do not want to be vindicated 

Governor Shepherd. That is what we do want. We want you to go 
through this thing; to go to the bottom of it. 

Mr. Wilson. If there is nothing in all this talk, I think it ought to 
be shown. Let these rumors be dispelled. 

The Witness. It has been my judgment through the whole affair that 
there is nothing 

Mr. Wilson. If the governor's counsel doesn't want this vindication, 
why very well. 

Mr. Mattingly. We want our vindication to be made in a proper 
manner. I very readily see where the introduction of this class of testi- 
mony will lead. If witnesses are to be called here, like Mr. Nickersou, 
to say that the air is full of rumors, and that the only way that they 
could get a contract was througli that ring 

The Witness. I have not said that. 

Mr. Mattingly. That was the purport of the question. 

Mr. Wilson. Not at all. 

Mr. Mattingly. As to whether the air is not full of rumors that the 
only way to obtain a contract is through a certain ring, and that that 
ring is to be i)ropitiated °? 

Mr. Wilson. If you are content to leave this thing just in the shape 
it is, I have no objection. 

Mr. Mattingly. I have sufficient knowledge of human nature, and 
I presume that you have, Mr. Wilson, to know this, that in any city 
where extensive improvements are being made, involving the giving 
out of large contracts, that the human mind being more prone to be- 
lieve evil than good, that men naturally suppose that these things are 
conducted through a ring. In many places I have no doubt they are 
conducted through a ring, though I deny such is the case here ; but I 
say this is no way to prove it by having witnesscis to come here and 
give their inferences and to state vague rumors that have no foundation 
in fact. 

Mr. Wilson. You misapprehend me. I was trying to get the names 



TESTIMONY OF BENJAMIN R. NICKERSON. 1275 

of those parties. As one of the committee, my purpose was when their 
names were ascertained, to brius? them here and liavetliem say if there 
is anytliing in it. If there is not anytliing- in it, this board of public 
works has a riulit to have this community know it. 

Mr. MATTiNaLY. ^Ye certainly expect to satisfy the committee before 
we get through, and in a proper and legitimate way that there is noth- 
ing' in these vague rumors. 

Mr. Wilson, lam sure I do not know whether there is anything in it 
or not. 

The Chairman. As I understand it, IMr. Mattingly objected to the 
statement of Mr. Page being introduced by this witness. I stated, of 
course, only as one of the committee, my view, that I did not think it 
was proper evidence. 1 did not intend to speak for other gentlemen of 
the committee, for I had not consulted with them. Mr. Page, as I un- 
derstand it, is an attorney in this city, and I presume he is a proper wit- 
ness to bring" upon this point. Therefore, I do not think that it is 
proper for this witness to repeat here what ^Ir. Page said to him. 

Mr. Merrick. I understand he is in the West Indies, at the present 
time. 

The Chairman. Then I should say, for that reason, I should have 
more hesitation in having" introduced here what Mr. Page ma^' have 
said to this witness. 

The Witness. I choose not to speak of what Mv. Page said. 

Mr. Wilson. My purpose, Mr. Chairman, and m^' question was put 
with a view of getting the names of the parties that this gentleman 
had understood belonged to this ring, so called. 

The Chairman. I understand perfectly well the purpose of Mr. Wil- 
son. I have nothing to say as to that purpose, except to remark that I 
am in perfect accord with him. I did object on my own account, as I 
have said, to Mr. oSTickerson's repeating what Mr. Page had said to him. 
I do not think it is proper testimony for this committee to introduce, 
es[)ecially when it is for the purpose, perhaps, of making statements 
that may not be proved about gentlemen, either in this city, or else- 
where. 

The AYiTNESS. I have already said that Mr. Page was very reticent; 
entirely so; purposely so, in giving names. He told me he had influ- 
ence, and large influence. 

By the Chairman : 

Q. Why don't you answer Mr. Wilson's question? 

Mr. Wilson. I care nothing further about it. 

The Chairman. I will re])eat the question. The question is, if it is 
not generally understood that there is a ring in this city that must be 
proi)itiated before contracts can be awarded? Now, if there is such a 
ring, name those who compose it. 

The Witness. I can say that it is the general impression. I say that 
when J came here that was the impression given me. I got that im- 
pression more particularly from what I saw wlien Pennsylvania avenue 
was laid under the late commission. 

l^>y Mr. Stewart : 

Q. Have you investigated to find out about this ring? You have 
been here sometime. — A. Yes, sir. 

Q. What have you found out ? — A. I have found out that there was 
a lot of shysters around here that ])retended that they control parties, 
both in ofUce and out of ollice, and tliat all tlu'y had to (h) was to go to 
them and get what they wanted; and that those parties could oidy be 



1276 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

seen through them; that they could fix up the thing if anybody could, 
aud iu uinety-uiue cases out of a huudred I fouud. that such parties 
were utterly without auy influence whatever ; and that they were only 
playing on the credulity of men who were fools enough to emploj^ them. 

By Mr. Wilson : 

Q. The fact that there was such a combination has been pretty gen- 
erally believed about this city? — A. I think there is a large percentage 
of people believe there was a ring, so called, that were managing to a 
very great extent to monopolize all that was valuable in contracts in 
this city. 

Mr. Wilson. So I suppose. 

The Chairman. Name those men. 

The Witness. It is a very difiticult thing to name parties. 

Mr. Stewart. I want to know who they are. 

Mr. Wilson. Why anybody should want to cut off an investigation 
of that kind I cannot imagine. 

Mr. Mattingly. I do not want to cut oft" any investigation at all, 
but I want the facts to be arrived at in a proper manner, and in a way 
that will leave no misapprehension or confusion in regard to them. I 
do not think it is proper that this committee should sit here to listen to 
the mere say so of parties — the mere statement of one party to another, 
about rumors in the community, without anything upon which to base 
such rumors. 

Mr. Wilson. There is no man on earth who has ever had anything to 
do with the law that would suppose anybody would accept that kind of 
statement as evidence, but for the purpose of getting at the facts of the 
case it might be of infinite importance. 

Mr. Mattingly. It is the first time I have ever heard of a fact being 
attempted to be proved by rumors. 

Mr. Wilson. Nobody pretended to want to prove facts by rumors. 

Mr. Harrington. You cannot convict a man by general reputation. 

Mr. Wilson. I do not suppose you can. 

Mr. Harrington. I was answering the question of Mr. Christy, Mr. 
Wilson ; I was not speaking in regard to your question, sir. 

Mr. Wilson. It has been stated here from the beginning that the 
District government wanted this thing thoroughly investigated, and I 
have no doubt they do. 

Governor Shepherd. I do most assuredly. I want the whole thing 
sifted to the bottom. 

Mr. Wilson. If we close this investigation without thoroughly in- 
vestigating and dispelling all these rumors, this community will still be 
as dissatisfied as when we began. I would like to make a clean thing 
of it. 

Mr. Hubbell. My objection is taking the statement from Mr. ISTick- 
ersou here as to what somebody told him as to what somebody else said 
exists. If he can give the name of any person, or any set of persons 
who compose such a ring as he speaks of, theu I want the names of 
those persons. 

Mr. Mattingly. Anybody who knows there is such a ring. 

The Witness. All I say is that impressiens were prevailing here that 
there were parties in the city who composed a ring who had to be pro- 
pitiated in order to render it possible to get contracts. 

By Mr. Stewart. 
Q. Did you ever find anybody among these numerous curbstone 



TESTIMONY OF BEXJAMIX E. XICKERSON. 1277 

brokers wbo did uot pretend to have control of Avhat tiiey called the 
ring ? 

The AYiTNESS. They generally claimed to have coiitrol. 

Q. llow many men did yon tind in the conr.se of yonr investigation 
that had control of this ring? — A. I do not believe there was one of 
them who really had control of any ring. 1 think it is all bosh, as a 
rnle, from the beginning; and these pretenders were simply nothing 
more than sharks about the street seeking whom they might devour. 

Q. How many men have yon met during the last three years that 
pretended they could sell out the ring ? 

The Witness. Do you mean shysters ? Well, I guess about three 
thousand. [Laughter.] 

Mr. Haering-ton. How many have you found who pretend they can 
sell out Congress? [Laughter.] 

A. O, about the same number. 

By Mr. Hubbell. 

Q. In your own mind, did yon have anj- idea of the p^^rsons who com- 
posed that ring ? — A. I have never believed myself with reference to a 
ring in any such sense as it has been generally uuderstond to exist. That 
there have been parties associated in various ways for their own pur- 
poses I never entertained a doubt, and I do uot now ; but I do not believe 
there is any ring. 

Q. Who are the parties ? Give their names. Give what they said or 
did. — A. Well, sir, I am telling you what my opinion is, from such evi- 
dences as I have had in my i)ossessiou. It is very ditficult to give 
names. 

Q. Give the names of any whom you suppose to be connected with 
that ring or with these combinations. — A. Well, sir, I refer to the public 
rumors; and it has turned out — some facts about them; more than 
I supposed was the case — that the contractors met for the purpose of 
making a combination among themselves, and then to proceed with the 
combination to compel or influence or obtain contracts in their own 
behalf, driving other people out. 

Q. You dodge my question. You have stated that you were under 
the impression that Mr. Huntington and Mr. Page were in some sort of 
combination by which they had influence with other parties. — A. That 
is what they claimed to have. 

Q. Give the names of other parties. — A. I do uot know them. 

Q. Who do you think they were? Give us your impression. — A. I 
should think — take Mr. Huntington as a specimen. I should think that 
Mr. Huntington — I was introduced to Mr. Huntington. He was the 
cashier of the First National Bank — a man who was not only a shrewd 
and an able man, but was a man at the head of jobbing in this city ; 
and, any party con>ing here 

Q. That does not answer the question. — A. I prefer not to speak of 
Mr. Huntington, because he is dead. 

Q. You have named Mr. Huntington, and said you had reason, or the 
impression was created on your mind, that Mr. Huntington and Mr. 
Page were here combining with other parties. Now, was there any im- 
pression given to you as to who those parties were? — A. No, sir; 
neither of them gave me any names; but, on the contrary, they talked 
to me in a way as though they did intend to give me names, if they had 
them. 

Q. Did you form any idea in your own mind as to who they were ? — 
A. No, sir ; no distinct idea. 



1278 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Chairman. I think the committee are in accord, and in thorongh 
accord, with reference to the question propounded by Mr. Wilson. The 
first charge made by these memorialists is, that there was a conspiracy 
in this city for procuring contracts, and engaging in other operations. 
Now, if this witness can state the names of these conspirators, either 
by common rumor or otherwise, the committee desire to know — whether 
it came from Mr. Page, Mr. Jones, or anybody else — they desire to know 
so far as he has any knowledge. He is a contractor, and has watched 
these contracts from the beginning. We want to know the names of 
these conspirators, or these men, who have controlled this board of 
X)ublic works. 

Mr. Mattingly. That we have no objection to, but earnestly desire 
that the witness may be called upon to give any information he may 
have of that character. 

By the Chairman : 
Q. Now, just give the names. — A. I told you two or three times that 
no names were given, and I don't assume 

By Mr. Bass : 

Q. You were asked by Mr. Wilson what Mr. Page told you the names 
were. Answer that question. — A. I stated distinctly that Mr. Page 
cautiously and purposely avoided telling me. 

Q. He did not give you the names ! — A. No, sir. 

By Mr. Wilson : 

Q. I was trying to get from you the names Mr. Page gave as being 
the parties connected with this ring. — A.. Mr. Page was too sharp a ne- 
gotiator to give names, for he was negotiating for himself. These peo- 
ple are very cautious about giving names. Nine-tenths of them have 
not got any to give, is the reason why. 

Q. Is that your knowledge, or conjecture? — A. It is my knowledge. 
My experience among them has been that they attempt to humbug you 
by trying to make you believe that they have some great influence, 
when they do not possess any at all. 

Q. Have you any knowledge as to why it was Mr. Page could not get 
contracts? — A. No, sir ; I canuot-say why it was. He told me he was 
unable to get a contract. He kept putting the question ofl' until the 
arrangement I had made for their disposition had passed, and conse- 
quently I had no object in pursuing the thing further. I do not think 
Mr. Page got any contract. 

By Mr. Mattingly : 
Q. Do you know whether the board of public works, or any member 
of the board of public works, has, in giving out any contracts, been in- 
fluenced or controlled by anybody, either corruptly or incorruptly — in 
any manner ? — A. No, sir; I do not believe they have been coutrolled 
by anybody. 

By Mr. Harrington : 

Q. They have generally been pretty hard to manage, have they not I 
— A. Well, yes. 

Q. Was I right in understanding you to use the term curbstone- 
broker? — A. I have used that term, sir; I do not know what you under- 
stood. 

Q. Are you able now to refer to any of these curbstone-brokers, or 
did you include that with the shyster ?— A. When I used the term shy- 
ster, I did not apply them to lawyers necessarily. I meant to state- 



TESTIMONY OF BENJAMIN E. NICKERSON. 1279 

hangers-OD, whether they were originally lawyers and broken down, or 
otherwise, that are hang-iug about tlie streets and hotels. A man can- 
not go and take a square drink unless he has half a dozen at his elbow. 
AVherever you go you meet them, and they have all got influence ; they 
all expect something; they sometimes get it. I sometimes give them a 
drink, and that is about all. 

By Mr. Wilson : 
Q. More likely to be at your elbow when you took a square drink 
than at any other time? — A. I found them rather thicker at that time 
than at any other. You find them everywhere. I do not mean lawyers 
necessarily. I mean the class of men here without any visible means 
of sui)port, who are endeavoring to get something out of somebody for 
something that they do not possess and never can obtain. 

By Mr. Christy : 

Q. You spoke of a note to which you were asked by D. W. Smith ? — 
A. Yes, sir. 

Q. Do you remember the date of that application? — A. I do not re- 
member the date, but if it is important I can give you the date within 
two days. 

Q. It is only important for this reason : the impression is upon my 
mind that that had relation to those arrangements already testified to 
by Mr. Jones. — A. I will relieve you of that, because when this other 
$15,000 matter came out I compared the thing and found it was another 
arrangement. You are entirely mistaken; it is entirely distinct, and I 
can bring you dates to show that it is. I was disgusted when I found 
that he got 815,000 in one way, and then turned around and expected 
$1,000 for another, for what I supposed he had not the influence or 
power to obtain. I so told Mr. Smith, that I would not give him a cent, 
and that he had better abandon that kind of speculation. I speak of 
that class of men. He is a clever gentleman when he stands by himself. 

Q. Then this did not relate to the arrangement between Jones as 
trustee? — A. Is'o, sir; it was afterward, and it was entirely a distinct 
matter, and Smith gave his note that morning, as he told me, for $4,000 
for services that he was to render to keep him in his interest and right 
side up in connection with his contract, and he said that inasmuch as he 
was paying me a large amount for sawing and treating lumber, that it 
was no more than just that I should pay my 2)ro rata share. I asked 
him about how much, and he told me about $1,000, and I told him I 
would not pay a thousand cents to him or anybody else. I denounced 
the whole system with some severity, and so 1 did to this man Quinby. 
There is one thing I see on ray note here. The question was asked me 
whether or not the price at which I sold this lumber was the market 
price, or was above or below the market price. I see by reference to the 
report that I said it was below the market price, or rather below. I now 
wish to state distinctly what came under my own observation. 

The Chairman. Well, I would not go into detail about that. 

The Witness. It is a wrong impression that you got ; it is below, 
sir. 

By Mr. Wilson : 

Q. State how much below. A. I bought 

Q. We do not care about details. — A. Verv well ; 1 bought 500,000 
at $17.50 instead of $18.25; there was 800,000 sold on my dock for 
$13.25 subsequently. Those are transactions that came under my own 
observation personally, all of which were below what other i^eople 
were paying for lumber, and very considerably below. 



1280 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

John M. Butler, having been duly sworn, testified as follows : i^ 

Mr. Christy. We wish to have the witness examined on the subject 
of the 36-iuch iron main, about which testimony has been heard here- 
tofore. 

By the Chairman : 

Question. What do you know about this 30-inch main ! — Answer. There 
has been a good deal of time which has elapsed since I knew anything 
about it ; but I can state just what I know. I was sent over by Mr. 
Austin P. Brown ; I was then a cleric for him or an employ^, and went 
to Baltimore to purchase all the pipe, several millions of pounds. That 
"was, Ithink,onthe Ifth of August, 1871, [referring to memorandum.] 

Q. You purchased all the pipe, did you ? — A. That is, I supposed I 
had. I got a price given me when I was over there. 

Q. From whom did you purchase ! — A. From Mr. Benson. 

Q. For whom ? — A. For Mr. Austin P. Brown. 

Q. Of this city 1 — A. Yes, sir ; I had instructions to go over to buy 
it, and I bought it, so far as I know and understood. 

Q. Do you remember how many feet you purchased? — A. There was 
no definite fixed number of pounds, because they did not know them 
selves, as I understood. 

Q. You bought whatever was necessary, at so much a pound, for 
Austin P. Brown "? — A. Yes, sir. 

Q. Was that pipe afterward put in ? — A. No, sir ; 1 do not think it 
■was. I would not say positively, but I do not think it was put in. 

Q. Was it delivered here to Mr. Austin P. Brown ? — A. No, sir. 

Q. You purchased it ? — A. Yes, sir ; to the best of my knowledge and 
belief, I purchased it. 

Mr. Christy. I want the subsequent transactions that defeated this 
I)urchase, if they are within the knowledge of the witness, and who were 
interested in the contract subsequently. 

By the Chairman : 

Q. This pipe was not put down you say ? — A. No, sir. 

Q. What do you know about the subsequent proceedings ?— ^A. I 
should not want to state of my own knowledge what I do know ; I should 
not want to say anything about it ; I do not want to tell, because I do not 
know exactly. 

Q. State what you know. — A. I have already stated that I went over 
to Baltimore, under orders of Austin P. Brown, to purchase the pipe, 
and bought it on the 17th of October, [August,] and can produce tele- 
grams to that effect. 

By Mr. Christy : 

Q. Who was Austin P. Brown f — A. A son of S. P. Brown, who was 
then one of the members of the board of public works. 

Mr. Christy. I would like to have the witness produce the telegrams 
that he received. 

Mr. Harrington. What is the object of this, Mr, Christy ? 

The Chairman. I was about to ask that of Mr. Christy. It is in evi- 
dence that this 3G-inch main was under the joint control of the governor 
of the District and an engineer of the Army. 

Mr. Christy. That is true, sir; and that the government subse- 
quently paid the entire cost of it— the District government then or- 
ganized. 

The Chairman. Very well ; but the witness has already stated that 



TESTIMONY OF JOHN M. BUTLER. 1281 

l^e purchased tbis for Aiistiu P. Brown, and that this particular pipe 
was uot used. 

Mr. Christy. And that arraiiijement was defeated. Now I want to 
know the rehitiou between S. P. Brown and the persons who subse- 
quently obtained the contract. 

The Chairman. Very well ; you can show that if you want to. 

By Mr. Christy. 

Q. Who did, in fact, subsequently obtain the contract? — A. That I 
cannot state of my own knowledge. I am pretty sure who did, but I 
cannot swear he did it. I never have seen the contract. 

By the Chairman : 

Q. The contract to put in the pipe ? — A. Yes, sir. 

The CHAIR3IAN. Is not that a matter of public notoriety. Is it not 
known who had this contract. I think we have had a statement. 

Mr. Christy. Yes, sir; by Mr. Evans, that he bid $00,01)0 less than 
the contract was subsequently awarded at. 

The Chairman. To a firm in Camden, New Jersey ? 

Mr. Christy. Y^es, sir. 

The Chairman, (to the witness.) Do you know that firm? — A. 1 
think I know Mr. Starr. 

Mr. Harrington. I may be able to relieve the gentleman on the 
other side from a good deal of time. I will state that proposals were 
made for bids, but that Mr. Evans was not the lowest bidder. The 
whole matter was subsequently referred by Major Eliot, (and it is of 
public record and a report to Congress,) for the opinion of the Attorney- 
General of the United States, as to whether they could accept bids, some 
of the bids being informal. The Attorney-General decided they could 
not, whereujmn new proposals were issued and new bids received, and 
at that subsequent bidding Mr. Evans was not a bidder. This admis- 
sion may save a great deal of time. 

The Chairman. We intend to have Major Eliot bring these papers 
here. 

Mr. Christy. Yes ; but we desire now to show (and whether we can 
by this witness or not I am not insisting) that S. P. Brown, then a 
member of the board of public works, was iu fact then interested in the 
contract ultimately awarded. 

The CHAIR3IAN. If this witness knows that he can state it. 

By Mr. Christy : 

Q. From any of the circumstances in regard to it in any negotiations 
between S. P. Brown and Mr. Starr — did you say Mr. Starr iu this 
city ? — A. Yes, sir. 

Q. Did you see him in company with S. P. Brown ? — A. Yes, sir ; 
on or about the time. 

Q. State what occurred at those times. — A. It being so long ago I 
would hardly like to say anything more; I have my impressions. 

The Chairman, (to Mr. Christy.) I think you ought to call Mr. 
Brown. 

Mr. Christy. We prefer, of course, if we can prove the fact by this 
witness, to do so. I want it to appear that he has certaint elegrams 
received from Austin P. Brown, which I would like to have inspected 
by the committee for the purpose of determining whether they are 
competent evidence or not. 

The Chairman. I will ask the question, (to the witness.) Do you 
know any fact, or can you state any fact, disclosing any interest of J. 
81 D c T 



1282 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

P. Browii in this contract with Starr & Sous. — A. Of my own knowl- 
edge I could not. 

Q. You were a clerk of S. P. Brown 1 — A. A clerk of the young man, 
A. P. Brown, his son. 

Q. Can you state any circumstances that would indicate that Mr. 
Brown was a partner in that transaction — any fact or circumstance 1 — 
A. It seemed — well, I could not. I should not want — all I know about 
it is impression. I should have to hear him say something. I never 
have heard him say that he was interested, but he seemed to take an 
interest in the transaction. 
By Mr. Christy: 

Q. What did he do with reference to it? That is certainly competent 
evidence — the acts of Mr. Brown. 

Mr. Harrington. You mean the elder Brown ? 

Mr. Christy. Yes ; S. P. 

By the Chairman : 

Q. What did Mr. Brown do in relation to this contract? You can an- 
swer that question. — A. Well, I do not know what he did do. I could 
not sny. It is so long since that I could not state positively what he 
did do. 

Mr. Christy. Do you know whether he used any influence with Aus- 
tin P. Brown to induce him to withdraw from this contest for the con- 
tract"? 

Mr. HuBBELL. Is that the son — Austin P. ? 

Mr. Christy. Yes. 

The Witness. I could not state that positively, either. As I say, 
my impressions would be a different thing, but I could not state that. 

Mr. Christy. Well, if your impressions are derived from acts or dec- 
larations of S. P. Brown, you can give them — your impression of what 
was done. 

The Chairman. He can state his recollection. 

Mr. Christy. His best recollection of what was done. 

By the Chairman : 

Q. You can state anything that was done, on your recollection of it. 
— A. Mr. Starr was in our office with Mr. Brown, and Mr. Brown seemed 
to take a deep interest in the transaction of purchasing the pipe. I 
have heard a great deal said about it, but positively what was said I 
could not state. 

Q. You cannot remember'? — A. No, sir. 

Mr. Christy. Anything that was stated by S. P. Brown, or by Mr. 
Starr, or any one for him, in the presence of S. P. Brown. 

A. I would rather not state what I think. 

Q. I only want your recollection of any declaration made ? 

The Chairman. You may state your recollection of any conversation 
between those parties. 

The Witness. I do not recollect distinctly. 

Mr. Stewart. I would like to inquire, in order to see the materiality, 
what relation S. P. Brown had, as a member of the board of public works, 
to the letting of the contract. Who let the contract ? Who had the let- 
ting of the contract ? 

Mr. Christy. We are informed that the witness has in his possession 
certain telegrams received, while on this mission in Baltimore, from 
Austin P. Brown ; and those telegrams contain that which I think is 



TESTIMONY OF JOHN M. BUTLER. 1283 

material to this inquiry. I should like those submitted to the com- 
mittee. 

Mr. Stewart. Who had the contract of letting the contract? 

Mr. Mattingly. It is here in section 1) of the legislative proceedings 
of the District of Columbia : 

That the United States enji;iaeer in charge of the Washingtou aqueduct be, and he 
is hereby, authorized and empowered, in conjunction with the governor of the District 
of Columbia, to enter into and contract for the laying of a 36-ini;h cast-iron main, men- 
tioned in the first section of the same, and to adopt the following route for the same, 
uaniely. 

That is the law under which it was laid. 
j\Ir. Stewart. Governor Cooke was governor ? 
Mr. Mattingly. Yes, sir ; and it was also under the engineer in 
charge of the Washington aqueduct. 
Mr. Christy. We think the board had not anything to do with that. 
Mr. Stewart. That may be so, but I only wanted to know the fact. 

By Mr. W^ILSON, (to the witness":) 

Q. What is your business now ? — A. Claim agent. I am a writer or 
secretary for two or three friends. 

Q. Were you a book-keeper of Mr. Brown's ? — A. Yes, sir ; for the 
young man. He was largely engaged in contracting. 

Q. How long have you been engaged in book-keeping ? — A. For two 
years. I was a master in the ISTavy for six years previous to coming to 
this city. 

Q. Do you know anything of the books of John O. Evans ^ — A. I do 
not ; I have never had any business transactions with him, except Mr. 
Brown had a few dealings, buying lumber from him. I know nothing 
about them. 

Q. Do you know anything about where his books are ? — A. No, sir. 

Q. Do you know anything in relation to any copies of John O. Evans's 
books having been made since this committee was organized ? — A. No, 
sir. 

Q. You have no information at all on that subject ? — A. No, sir ; none 
whatever. 

Q. Have you stated to any person that you knew anything about 
John O. Evans's books or their whereabouts f — A. No, sir. 

Q. Have you stated to any person that copies of those books had 
been made for use before this committee ? — A. No, sir. 

The telegrams heretofore referred to by the witness were directed by 
the chairman to be placed in evidence. They are as follows : 

[Received at sonthwest corner Baltimore and South streets, August 17.] 

Washixgton, D. C, August 17, 1871. 
To J. W. Butler, Esq.: 

Can you lind any one prepared to make tlio pipe immediately. Can give an^' one 
that makes an otFer an answer to-morrow. 

AUSTIN P. BROWN. 
[22 paid. Answer quick.] 

Washington, D. C, August 17, 1S71. 

[Received at southwest corner Baltimore and South streets, August 17.] 

To J. W. BuTl.Kit, Esq.' 
If you can purchase the pipe, I can get contract. 

AUSTIN P. BROWN. 
[10 paid. Answer quick.] 

The Witness. I would like to state that I brought those telegrams 



1284 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

here to refresh my memory. It is not of my own volition that I give 
them up. 

The Chairman. We have taken copies of them, and will return you 
the originals. 

By Mr. Stewart, (to the witness :) 
Q. Did you do anything in respone to those telegrams! — A. I an- 
swered them, I think, in both cases. 

By the Chairman : 

Q. You purchased this pipe, you say, in response to these telegrams'? — 
A. Yes, sir. 

By Mr. Wilson : 
Q. Did those parties from whom you purchased finally deliver the 
pipe ? — A. No, sir ; to the best of my knowledge, they did not. 

By Mr. Mattingly : 

Q. How much pipe did you contract for? — A. For all that was neces- 
sary for the large main ; those were the conditions ; at so much a pound. 

Q. Did you make an absolute bond for the purchase of that much 
pipe *? — A. Yes, sir ; that is, a verbal bargain. 

Q. From whom ? — A. From Mr. Benson. 

Q. Who was he? — A. He was a large manufacturer of pipe in Balti- 
more at that time. 

Q. You contracted with him for the delivery here in Washington, to 
A. P. Brown, of sufficient pipe to lay that "water-main did, you *? — A. 
Yes, sir ; that was the understanding. So far as I knew, I bought it. 

Q. Was the price agreed upon ? — A. Yes, sir. 

By Mr. Bass: 
Q. What price was it ? — A. I would rather hate to state the price, be- 
cause I would have to refer to my memorandum ; and as a mill would 
make a great deal of difference, I could only approximate to the price. 
It was somewhere about two and a half cents for the straight pipe and 
three and a half for the special castings. Understand I do not state 
positively that those were the prices, but somewhere in that neighbor- 
hood. 

By Mr. Stewart : 

Q. You are giving your idea? — A. Yes, sir. 

Mr. Christy. Now', we desire that the witness should refresh his 
recollection by the memorandum to which he refers. 

The Witness. I may or may not find that memorandum, but I think 
I can find it. 

By Mr. Mattingly : 
Q. Do I understand you to say that on this telegram you made an 
absolute purchase of this pipe ? — A. No, sir ; those are the two telegrams 
that I found to refresh my memory as to the date of the transaction. 

Mr. Mattingly : 

Q. Where were you when those telegrams were received? — A. In 
Baltimore ; I think the 17th of August, 1871. I would state, however, 
that, previous to receiving one of these contracts — that telegram was 
received before I had contracted or had the fixed price, which made me 
think it simply 

Q. What I want to know of you is, whether, on these telegrams, you 



TESTIMONY OF JOHN M. BUTLER. 1285 

made a contract for the purchase of the pipe. — A. O, no. I had ver- 
bal instructions before I went to purchase the pipe. 

Q. You had verbal instructions before you went to purchase the 
pipe? — A. Yes, sir; and after i arrived there several telegrams were 
sent me. 

Q. The purchase of that pipe never was completed, so far as you 
know, as I understand? — A. The delivery was not; the purchase, so 
far as I know, and state here under oath, was made. 

Q. You made a contract for the purchase, I understand that ; but 
what I mean is, the contract never was consummated? — A. No, sir; I 
will not state that positively'. 

Q. You kept Mr. Brown's books. Did lie receive that pipe and pay for 
it ? — A. Ko, sir ; but that does not follow. Most of these pipe men are 
all in combination, and they sometimes deliver pipe through other 
parties. There was no one firm in the United States that could make 
this pipe. They all had to combine to a greater or less extent ; and, 
notwithstanding all that, these men may have delivered pipe through 
some other parties, but not through Mr. Brown. 

By the Chairman : 

Q. These men who were engaged in the manufacture of iron pipe 
were engaged in combination, so that there was a uniform price? — A. I 
am impressed that that was so. 

Q. Were Starr «& Sons manufacturers of iron pipe? — A. Yes, sir. 

Q. There was a uniform price for this pipe? — A. It seemed to me 
so ; yes. 

The Chairman. I have no doubt that that is so. It is so of many 
articles of iron, I know. 

By Mr. Christy : 

Q. Do you know whether Austin P. Brown received any sum for with 
drawing from this competition? — A. No, sir; I do not. I would not 
want to swear here that he did. My impressions, of course, differ ; but 
I do not know anything about it. 

Q. Was there any fact which occurred which indicated any such ar- 
rangement as that? — A. I think negotiations stopped rather abruptly 
when I got home; that is all. 

Q. After you returned home did Austin P. Brown recall his authority 
that you ha<l to conduct this negotiation? — A. Nothing more was done, 
and I considered it the same. 

Q. You received no additional instructions? — A. No, sir. 

Q. How soon after that was it before you saw Mr. Starr here in the 
office of S. P. Brown ? — A. I could not tell the number of hours, but it 
was on or about that time; that is, within two or three days. That is 
all I can state. I believe it was the next day that I saw him. I will 
not be certain, but it was within two or three days of the time that he 
was in the office. 

Q. What did Mr. S. P. Brown do with reference to the laying of the 
I)ipe after he caine ; what attention did he give ; what interest did he 
take in it? — A. That I could not say. 

Q. Did those interviews between S. P. Brown and Mr. Starr con- 
tinue after the i)ipe w as here ? — A. I could not say that, sir. It was 
some time after tiiis occurrence that the pipe was commenced to be de- 
livered, but I do not recollect anything about that, as I had no interest 
after that. 



1286 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Mattingly : 
Q. Are you certain that this was the 3G-inch maiu ? — A. Yes, sir; 
was the 36-inch main. 1 am certain of that fact. 

The committee here adjourned until 10 o'clock a. m., Monday. April 
20, 1874. 



Monday, April 20, 1874. 

The committee met pursuant to adjournment. 

The Journal of the proceedings of Saturday last was read and approved. 

The Chairman. I see Mr. Chittenden is here this morning with his 
counsel. Have you anything* additional, Mr. Storrs. 

Mr. Storrs. Nothing further, if the committee please, except the 
papers which were called for. 

The Chairman. Have you those papers *? 

Mr. Storrs, (banding documents.) There is the letter to which Mr. 
Chittenden referred, and here is a telegraphic copy of the contract be- 
tween Mr. De Golyer and Mr. McClellau, which we received last night. 

Henry S. Davis, called on the part of memorialists, was sworn. 

The Chairman, (to Governor Sbepherd.) We understand that there 
was an accountant employed, at this session, by the House Committee 
on the District of Columbia, to examine some books of the board of 
public works. Have you any knowledge of that ? 

Governor SHEPHE5.D. I have a knowledge that such was the case. 

The Chairman. Do you know who he was ? 

Governor Shepherd. His name was J. S. Roberts, I think. 

The Chairman. Does he reside here ? 

Governor Shepherd. No, sir ; he resides in Elizabeth, N. J. 

The Chairman. Do you know whether he is here ? 

Governor Shepherd. I think not ; I have not seen him for a long 
while. 

Mr. Merrick. I understood that he is sick at home. 

Governor Shepherd. He was in delicate health. 

Mr. Merrick. He was taken sick after he accomplished his kibors 
for the Committee on the District of Columbia. So I am informed by a 
member of the committee. 

Mr. Wilson, (to the witness.) Q. Where do you reside?— A. In this 
city. 

Q. What is your occupation ?— A. I am not following any business at 
present. I was formerly a carpenter and contractor. 

Q. Have you made any investigations or examinations with a view of 
determining the cost of the improvements that have been made in the 
city of Washington by the board of public works ? — A. I have, sir. 

Q. Have you arrived at any results as to what the cost has been ? — 
A. That I have not, sir; but I have compared and can show what it 
will probably be, pretty clearly, I think. In order, gentlemen, for you 
to understand what I have done, it will be necessary for me to read you 
this article, which gives you the figures, the estimate and all: 

" January 30, 1872. 

" Computation of the costs of improving for the city of Washington." 
" Startling figures." The editor put that in, however. 



TESTIMONY OF HENRY S. DAVIS. 1287 

By ]\[r. Merrick : 
Q. That is a compilation made by yourself, if I understand ?— A. Tliis 
is made by myself, and it is made right, too. About that there is no 
doubt. That is, all that I will say is right is right. There are two items 
in this that are assumed. 

A computation of the costs of improvements for the city of Washington— startUncj figures. 

lilr. Editou : In order to show the public what will be the cost of the improvements 
now being carried on according to the " comprehensive sj'stem " of the board of pub- 
lic worksfl have made as careful an estimate as I believe it is possible to make of the 
cost of the improvement (?) of one street — Massachusetts avenue — in this city; and as 
it would be a work of great labor to estimate each street in the city, I have, for the 
sake of brevity and clearness of comprehension to the most common reader, adopted 
the plan of computing the cost per acre. 

It must be borne in mind that this board of public works has changed or altered the 
grade of every street which it has undertaken to improve, and that it has, also, taken 
up, regraded, and relaid the sidewalks. 

Allowing hve miles for the length of Massachusetts avenue, the carriage-way contains 
lifi acres, and the sidewalks (the widths of all intersecting streets and avenues hav- 
ing been deducted) a fraction over SSi acres. 

According to " Watterston's Guide to Washington," the streets are 199 miles in length 
and the avenues 65, and together they contain 3,GU4 acres. 

The following table gives the basis on which my estimate is made of the cost of im- 
proving Massachusetts avenue : i 

4^.677 linear feet of curbing, at |1.07 per foot, set .f 52, 084 39 

4.-^.677 feet of 18-inch sewerage, at $2.50 per foot 121,692 50 

Estimated cost of grading 50,000 00 

352,000 yards of paving in carriage-way, at |2.75 per yard 968, 000 00 

108,171 yards of ])aving inside walks, at 80 cents per yard 66, .536 80 

For lateral sewers, man-holes, and trails 48, 495 00 

Total 1,326,808 69 

Now, as there are 95i-„' acres in the carriage-way and sidewalks of Massa- 
chusetts avenue, the cost per acre is $13,957..50, and that of the whole 
city, (3,604 acres,) .$50,302,830. But to the cost of Massachusetts avenue 

must be added for damage to property 15 per cent 199, 021 30 

And for overmeasurements 10 per cent 132, 680 86 

Making the whole cost 1,6-58,510 85 

or, per acre, .$17,446.88 ; making the cost of the whole city $62,878,.5.55..52, which is more 
than all the real estate in this city, (exclusive of Government property,) Georgetown, 
and the county would sell for under the hammer for cash. 

And now, to show that my estimate is not an excessive one, I have reduced to 
acres the amount of paving of Pennsylvania avenue, which cost something over 
|300,0U0, but I will say $300,000. I estimate that there are thirteen acres of wood 
pavement, which, together with a small amount of grading, the re-setting of most of 
the old curb, and relaying such of the sidewalks as had to be taken up, (about one- 
half,) cost $23,076.92 per acre. At this rate, the whole city would cost $73,399,961.88. 
This sum ($23,076.92) exceeds my estimate of Massachu.setts avenue $9,119.42 per acre, 
without including the 15 per cent, damage to property and the 10 per cent, overmeas- 
urements, and, including these items, it exceeds it $5,630.04 per acre. 

But if Pennsylvania avenue had had all the sidewalks relaid, and had it been 
sewered and graded, with new curbing, trai)S, man-holes, and lateral sewers, as pro- 
vided for in my estimate for ^lassachusetts avenue, the cost wonhl have been largely 
over $30,00(J per acre — but say $30,000 — and at tliis rate, to improve the city, according 
to the " comprehensive system," would cost $108,120,000. 

It will lie observed that the foregoing statement refers only to Washington City, ex- 
clusive of Georgetown and the county, in botli of which vast and very expensive 
works are going on ; and what tliese works are going t« cost no nuiii can tell. But 
this is not all ; for there are still to be accounted for the following very expensive 
works, viz: Water-mains and distributing-])iiies, altering and cleaning the (■■•inal, 
bridging and culverts for the District, and that enormmis job of arching the Tiber. 
What will be the cost of these last items it is impossible for me to say, but I venture 
the assertion that it will exceed $3,000,000. 



1288 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

I liave gone over this street. I have made figures ou that part of 
Massachusetts avenue which has been improved. 

The spaces and circles with which Massachusetts aveune intersects are in length, 
from New Jersey avenue to boundary, 2,124 linear feet, of which Massachusetts avenue 
is chargeable with one-third, viz, 708 linear feet; and from New Jersey avenue to bound- 
ary is 11,200 feet by the map. From this sum two-thirds of the spaces and circles must 
be deducted, viz, 1,416 linear feet, leaving a balance of 9,784 feet ; and fiom this latter 
sum must be deducted one-half of the intersecting street, viz, 750 feet, thus leaving 
the mean length of Massachusetts avenue, from New Jersey avenue to boundary, to be 
improved, 9,034 linear feet, or 1,526 linear feet less than two miles in length. It has 
cost at the rate of $303,388.80 per mile, and at this rate live miles of this street, as pro- 
vided for in my estimate, would cost 11,516,994, and exceeds my estimate, leaving out 
the overmeasurements and damages, $190,185.31. In my estimate to improve this 
street the bed of it would have been its original width, viz, 120 feet, and the sidewalks 
each 20 feet ; but as now improved the bed is only 50 feet and the side 12 feet, and sets 
back from the curb about 5 feet, leaving a grass-plat between the curb and sidewalk, . 
"with juts of brick pavement ruining from the curb to the sidewalk in front of the 
doors along the street, and also from the inner line of the sidewallc up to the doors. 
Now, it must be observed that if the whole width of the street, 120 feet, had been im- 
proved by the board, in place of 50 feet, as has been done, and 15 feet of side more than 
has been done, that the cost of the improvement would have cost several hundred thou- 
sand dollars more than it has ; thus showing at least that my estimate was moderate, 
when compared with the prices allowed by the board. 

By the Chairman : 

Q. You estimate that as costing $303,O0D per mile ? — A. I do, sir. 

Q. Is that an estimate from actual observation of the street and 
knowledge of the cost as paid for by the board of public works ? — A. So 
far as the cost is concerned, sir, I get it from their books. I made it 
from their own report. 

Q. You took, then, the actual cost from the books of the expenditures 
on Massachusetts avenue from New Jersey avenue to the boundary, did 
you? — A. Yes, sir. I took it from their own report. 

By Mr. Wilson : 

Q. I want to know, now, whether you have taken that from the assess- 
ments that have been made against the streets, or from the charges that 
have been made against the government. Which one of these did you 
take it from"? — A. I took it from their reports, sir. 

Q. Can you turn to the pages of the report to which you referred in 
making up this statement? — A. Yes, sir 5 here is their other report, 
[indicating.] 

Mr. Wilson. The witness refers to page 148 of the report of the board 
for 1873. 

The Witness. The mean cost of this street, which I make less than 
a mile and three-quarters — although 1 allow that — the mean cost is 
$521,071.10. 

By Mr. Wilson : 

Q. What do you say is the length of that street ? — A. I am talking 
now, Mr. Wilson, about the part that has been improved. I say I niake 
it a little less than a mile and three-quarters, although I allow a mile 
and three quarters in my figures. 

Mr. Wilson. I see the footing up on page 152 is that the total front 
feet assessed is 12,430/^. The rate of tax per front foot is $12.38 and 
a fraction. 

Mr. Wilson (to the witness.) Do you know what is the amount of 
church property assessed ou that avenue? — A. Well, sir, I cannot 
answer that question very correctly ; but there is McKendree Chapel and 
a new Episcopal church which has been commenced. That is all that 
I remember. 



TESTIMONY OF HEXRY S. DAVIS. 1289 

By Mr. Jewett : 

Q. Is there a cburcli opposite to McKendree Chapel ? — A. Xo, sir — 
yes, sir, there is a colored church opposite McKendree Chapel. 

By Mr. Wilson : 
~Q7Thls assessment, commencing on page 14S, (and the same one to 
which you refer,) is Massachusetts avenue from Xew Jersey avenue to 
the boundary ? — A. I know that, sir. 

Q. What is the distance from New Jersey avenue to the boundary? 
— A. By the map it is a little over two miles. I measured it, sir, but I 
cannot tell you the exact lignres ; a very little over two miles. 

Q. Are there Government reservations or squares along the line of 
jNEassachusetts avenue, that are not embraced in tlie front feet that are 
assessed here 1 — A. I cannot tell you that, sir. 1 state here that one- 
third of these spaces are chargeable to Massachusetts avenue ; one-third 
of the spaces and circles. K street is 143 feet in width. Massachusetta 
avenue is 100, and so is Xew York avenue. They intersect there ; the 
avenues cross and K street comes right through the center. It forms 
a space from Seventh street to Ninth street, and Massachusetts avenue 
would only be chargeable with one-third of that space, if it is charged 
to the streets at all. If they have made an extra charge against the Gov- 
ernment, it is that much worse. So, when you get to Sixteenth street, 
Khode Island avenue and Connecticut avenue, I believe — no. Sixteenth 
street is 100 feet wide, the same as Massachusetts avenue. Rhode Island 
avenue I forget the width of. It is not quite so wide, I think. So I gave up 
one-third again. When you come to the circle at Fourteenth street 
there is Vermont avenue and Massachusetts avenue and Fourteenth 
street which come in. I allow one-third again. When you come to the 
P-street circle there is Nineteenth street, Connecticut avenue. New 
Hampshire avenue, and Massachusetts avenue, and the charge against 
Massachusetts avenue at Fourteenth street would be a little more than 
was allowed. I only gave it one-third at the other place, which fully 
makes up for the diflerence. 
By Mr. Wilson : 

Q. What do you know about M street north? — A. Well, sir; I meas- 
ured that after it was improved. 
By ]Mr. Christy : 

Q. Before you pass from that subject, I would like to inquire of you 
whether, in point of fact, the entire improvement of Massachusetts 
avenue lias been completed? — A. I do not know, sir. 

Mr. AN'iLSON. Perhaps Mr. Forsyth, who is here, can tell better about 
that. 

The Witness. I do not know that it has been completed or not. I 
have estimate<l for its being comi)leted. If it has not been completed, 
it is that much the worse. The citizens living and owning property on 
M street petitioned Congress to allow them to improve that street them- 
selves. A resolution was })assed by Congress, and five commissioners 
appointed to inq)rove this street. These commissioners' names are, Gen- 
eral Michler, then the commissioner of public buildings; M. G. Emery, 
then mayor of tiie city ; William Stickney, W. E. Brown, and II. S. 
Kaufman. 

By Mr. Mattingly : 

Q. Who were they — Stickney, Brown, and Kaufman ? — A. They were 
commissioners. 

Q. They were owners of property, were tbey not ? — A. I said that in 
the opening. 



1290 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By the Chairman : 
Q. These commissiouers were owners of property ou that street ? — A. 
I do not think General Michler was. 

Q. Were the others ? — A. I think all the rest were. 

Q. The others were ? — A. I think so ; Kaufman, Brown, and Stickney, 

1 know were. I think Mr. Emery was. The commissiouers made the 
contract, and the work was in progress. How far it had advauced, I 
cannot say ; but I understand it was pretty well advanced. While 
they were at work at it, the organic act was passed, and the board 
of public works was appointed and confirmed by the Senate. They 
tried to get a resolution to pass Congress to have this work taken 
out of the hands of the commissiouers and put into their own. Congress 
passed the resolution, and they discharged the commissioners and took 
charge of tlie work. The commissioners, nor the citizens indeed, were 
not opposed to that for this reason : that they would have had to have 
paid for the whole of it themselves, but under the organic act they only 
had to pay one-third. I will now read to you, gentlemen, the figures in 
regard to this street. Tliat with Massachusetts avenue was an assumed 
matter from beginning to end, and the figures are correctly made, too. 

I will now proceed to show what the M stree improvement would have cost had it 
been left to the coraraissioners, and what it has cost under the " honest integrity and 
economy " of the board of public works. 

(I don't know the exact number of man-holes in this work, but I have allowed for 
more than are generally used, with 26 traps.) 

Commissioners' contract for all sewerage, traps, and man-holes is as follows : 

1,300 feet 18-iuch sewerage, at $2.48 per foot '. $3,224 

4,000 feet 1.5-inch sewerage, at $2.19 per foot 8,760 

2 000 feet r2-inch sewerage, at $1.85 per foot 3,700 

26 traps, at $90 each 2,340 

13 man-holes, at $70 each 910 

Total 18,934 

For these items the board of public works allows the taxpayers to be charged $24,- 
620.23, or $5,686.23, or over 30 per cent., more than the contract-price. 

M street, between New York and Vermont aveuues, (intersecting streets included,) 
contains 28,261 square yards, which, under the commissioners, would have cost 
$87,609.10, $3.10 per yard; but, under the management of the board of public works, 
cost the neat little sum of $120,774.26, $4.24 per yard, or $33,165.16, or nearly 38 per 
cent., more than the contract-price. 

RECAPITULATION. 

Cost of sewerage, man-holes, and traps under the board of public works.. $24,620 23 
Cost of paving aud grading under same 120, 774 26 

Total 145,394 49 

Cost of sewerage, man-holes, and traps under the commissioners 18,934 00 

Cost of paving and grading under the same 87, 609 10 

Total 106,543 10 

thus making the people pay (to the ring) $38,851.39, or over 36 per cent, more than 
they would have Y)aid had the work been done by the commissioners, and at this rate, 
in improving Washiugton, besides the profits ou their contracts, the ring will make, in 
overcharges, over $23,000,000, besides the " pickings " iu Georgetown and the county. 

Q. You said, if I understood you, that on M street the work had very 
considerably progressed before the board of public works took posses- 
sion of it"? — A. That is what I understood, sir. 

Q. Have you any personal knowledge on that subject? — A. I have 
not, sir. 



TESTIMONY OF HENRY S. DAVIS. 1291 

Q. Did you see the street ? — A. I did not. I stated distiactlj' that 
I understood so. 

Q. You do not know anything about what change was made by the 
board of public works ? — A. The contract was to be carried out intact. 
They took the contract out of the hands of the commissioners, and if 
you need any information on that point, summon some of the commis- 
sioners. 

Q. Do you know who has that contract which was made by the com- 
missioners ? — A. I think a man by the name of Thomas Lewis had the 
sewerage. 

Q. I mean who has the papers showing what the commissioners had 
contracted to have done ? — A. I had the contract before me when I 
made this estimate. 

Mr. Jewett. Where is that contract now ? — A. I do not know, sir. 
They tokl me that they turned the contract over — they had two copies 
of it. They turned the contract over to the board of public works. 1 
wanted to state a little further about this M street, that after I got these 
figures, which have never been affected by any of the press, or anybody 
else, the people along the line who had not paid — some few had paid — 
refused to pay, and that a re-assessment was afterward made of that 
street, and Mr. Lewis Davis, who had paid, told me they refunded him 
twenty-five cents on the dollar. Mr. J. W. Wright told me that they 
took twenty-seven cents oflt' his bill. In the case of Davis they got 
eleven cents more than they were entitled to, and in the case of Wright 
nine cents. 

By Mr. Wilson : 

Q. Do you mean nine cents per foot ? — A. Nine per cent., I meant to 
say. 

By the Chairman : 

Q. Did yon make up your cost on M street from the report of the 
board of public works ! — A. No, sir. 

Q. How do you know that it cost the property-holders more under 
the management of the board of public works than it would have cost 
under the commissioners ; in other words, how do you make up these 
figures ? — A. Well, I measured the street, in the first place, and they 
showed me their bills, what their charge was per front foot, and there 
are so many front feet. 

Q. Who showed you their bills ? — A. People on the street; Mr. Wil- 
son Brown showed me his bills. 

Q. But J understood you to say that a deduction of 11 per cent, was 
made on one bill and 9 per cent, on another ? — A. No, sir ; you have not 
got the story straight. 

Q. Very well, then, I would like to have it straight. — A. It is this, 
sir; that after 1 had made these figures, they returned — re-measured the 
place, re-assessed it. In my statement, I say they have got 30 per cent, 
more than they were entitled to. They returned to Mr. Davis 25 per 
cent, which he had paid, and Mr. Wright said they deducted 27 percent, 
from his. 

Q. Now, do you know that they did not deduct from all people on 
that street? — A. O, they made a re-assessment and deducted from all 
of them. 

Q. Deducted after you made your figures? — A. Yes, sir. 

Governor Sii?:piiekd. After Congress made an appr()i)riation on that 
street to pay for work done on the circle, that was credited back to 
the property-holders. They received a drawback. That all ai)peared 
in the last investigation report. 



1292 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By the Chairman, (to the witness:) 

Q. Then, you made up your original estimates from assessments 
agai nst property-hoklers ? — A. Yes, sir. 

Q. Did you include in that estimate the circle of which Governor 
Shepherd now speaks ! — A. O, no ; I only went to Vermont avenue. 

Q. Do you know why it was that the board of public works made that 
additional charge ? Have you ever heard any reason given for it 1 — 
A. I cannot give any reason for it, sir. 

Q. Was there any change in the contract ? — A. I am informed by the 
commissioners that there was none, sir. 

Q. Did the same contractor complete the work ? — A. I think he did, 
sir. I was so informed. 

Q. Was he paid this excessive sum ; was he paid the amount speci- 
fied in his original contract f — A. I cannot answer as to that, sir. 

Q. You do not know ? — A. 1 do not know. 

Q. W^ho was that contractor? — A. I stated awhile ago I thought Mr. 
Clephane was the man who laid the bed of the road — the wood pave- 
ment — and that Mr. Thomas Lewis was the contractor for the sewerage. 
Now, this is my recollection, sir. 

Q. Then you made up your estimate of what that should have cost 
from the contract which was before you? — A. Yes, sir. 

Q. You made your estimate of what it did cost from the bills presented 
to the property-holders. [No reply.] 

By Mr. Mattingly : 

Q. I would like to ask him whether he estimated extra work done by 
the board on, and not included in, the original contract ? — A. There was 
a law passed by Congress to do certain work; that certain work I 
measured. ' 

Q. I am not asking you as to your construction of the law ; I am ask- 
ing a simple question of fact. — A. Well, if the board of public works, 
under oatb, went and did what they onght not to have done, 1 cannot 
help it. I did not measure anything but what was in the contract. 

Q. I ask you, as a question of fact, whether the board of public works, 
on the line of M street, did not do work which was not contemplated 
under the contract by the commission? — A. They ran out the juts at 
the intersections of the streets and alleys, which I presume was not in- 
cluded in the contract. 

Q. Did they not do extra work at both ends of the street "? — A. Yes, 
sir; there was work done at the ends of the street over on the east 
side of Third street ; but I have simply measured what was in the law — 
in the contract. 

Q. And you charged to that, as I understand your testimony, the cost 
of this extra work. In other words, you charged the whole of the work 
as done by the board of public works to what was contemplated to have 
been done by the commission? — A. I charged exactly according to the 
contract and the law as it passed ; that is, from the west side of Third 
street to the east side of Vermont avenue, taking in all the intersec- 
tions, taking it right through. I did not allow in my estimate for any 
going over into other streets at all. 

Q. No, but in estimating the difference of the cost under the board of 
public works above what it would have cost as calculated by you, if done 
under the commission, you have charged the cost of the entire work 
as done by the board to the work which was contemplated to have 
been done under the contract. Is that not it ? — A. I have not charged 
anything in ray account except what there was in the contract, and in 



TESTIMONY OP HENRY S. DAVIS. 1293 

the law. If the board of public works did other work I did not meas- 
ure it. I am sure that is a plain answer enough. 

The Chairman. On that point I M-ant to ask you this : I understood 
you to say that there was work done upon that street not contemplated 
in the original contract f — A. No, sir; I did not say that. 

Q. What is the fact in relation to that ! — A. I said there were some 
juts at the intersection of the street. Now, for instance 

Q. Wait one moment. Do you know whether or not that there was 
any work done upon that street not contemphited in that original con- 
tract f — A. I know there was work done along there. 

Q. That was not included in the contract ? — A. That was not includ- 
ed in the contract. 

Q. Do you know how much work that was ? — A. I do not, sir. 

Q. Have you any idea how much it was ? — A. No, sir. 

Q. Did you in your estimate include that extra work, whether it be 
little or great? — A. No, sir; I just went by the contract. 

Mr. Wilson. That extra work migtit have made up the deficiency 
between your calculations and the amount paid by the board ; might it 
not ? — A. That could not possibly be, from this fact : that they made a 
deduction themselves of 25 per cent. 

Q. Did you make any figures on Seventh street ? — A. I did. 

Q. Give us those figures, if you please. — A. There was a contract, 
and a very careful one, entered into for the Seventh-street improvement 
by Mr. Emery, who was then the mayor, with one George W. Linville. 

Q. What Seventh street was that — north or south ? — A. It is Seventh 
street south, sir. The figures are as follows : 

The improvement of seven-ninths of a mile of street cost $167,743.25, thus making the 
cost per mile $'215,669.89, or, had the bed of the railroad been paved, .|240,413.80 per 
mile. There are 100 original streets in the city, the average width of which is 90 feet, 
and as Seventh street is only 85 feet wide, one-seventeenth, or live feet, mnst be added, 
to bring it up to the average width, thereby increasing the cost per mile $14,141.99, and 
making the cost of a mile of street, 90 feet wide, $254,555.79. Had there been new 
sidewalks or curbing used, it would liave still mcreased the cost per mile $19,620.38. 
From this, however, must be deducted the allowance for new sidewalks and curbing in 
Gleason's account, $4,565.85, and for the Scharff pavement in Linville's, $256.'^0, or 
$4,822.05, leaving $14,798.33, which, added to $254,555.79, gives $269,354.12 as the cost 
per mile of a street 90 feet wide; and as we have 199 miles of street, to improve them, 
at this rate, wonld cost $53,601,4()9.88. But, in addition- to this, there are 65 miles of 
avenues, containing 5,452,915 scjuare yards. The improvement of these, at the same 
rate per [yard as that of Seventh street, viz, $.j.lO, would cost $27,809,566.50, which, 
added to $53,601,469.88, makes $81,411,336.38. 

By Mr. Hubbell : 
Q. What paper are you reading from? — A. I read from the only paper 
that I could get my estimates in. It is the " Patriot." I appealed to 
the press to publish my estimates, and none of them would do so. 

By Mr. Jewett : 

Q. W^ould you be content to answer a few questions, sir ? — A. Yes, 
sir; I will do anything you wish me to. 

Q. Are you familiar with Second street west? — A. I have been over 
it very lately. 

Q. ITow is it improved — with what kind of pavement ? — A. It is im- 
proved with wood pavement. 

Q. What is the character of the pavement — is it good— is it in good 
condition ? — A. It is about as good as they lay here. 

Q. Do you know what was paid per yard for laying that pavement! 
— A. Yes, sir; I made some figures about it. This street has an aver- 
age width of street of ninety feet, and from building-line to building- 



1294 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

line it costs four dollars and thirty-four cents per yard. The bed of the 
street is forty feet, leaving fifty feet on each side. 

Q. I am speaking of the wood pavement, sir. — A. I did not make any 
figures as to what the wood iiavement itself cost. 1 made it from 
building-line to building-line. 

Q. That included a side pavement? — A. Yes, sir; and thirteen feet 
unimproved on either side. 

Q. You made no calculation as to the cost of the wood pavement 1 — 
A. I did not. 

Q. You do not know whether that was built at a reasonable cost or an 
extravagant cost 1 — A. Ko, sir ; I do not know. I took it from their 
own report, which is the last one in the book. 

Q. Your estimate was $4 a yard ? — A. Yes, sir ; $4.34 from building- 
line to building-line. 

Q. That includes the wood pavement? — A. Yes, sir; and sidewalks. 

Q. Also the curbing"? — A. Yes, sir. 

Q. And the entire improvements from house to house? — A. Yes, sir. 

Q. Does it include the sewers'? — A. I make it from their own report, 
sir. 

Q. Answer the question, sir. Does it include the sewerage ? — A. Yes, 
sir; it includes the sewers. 

Q. It includes all expenditures there? — A, Yes, sir; it includes all 
the expenditures. 

Q. Sewers, water-pipes, gas-pipes, and everything? — A. Yes, sir; but 
you must remember that there is 26 feet of this street not improved at 
all in width. 

By Mr. Wilson : 

Q. Let me understand you, sir. You have taken, if I understand you, 
the whole amount of money reported to have been expended on that 
street ! — A. Yes, sir. 

Q. That amount of money was expended for pavement, sidewalks, 
sewers, man-holes and traps, sodding, and all those things that go into 
the expense of that street ? — A. Yes, sir. 

Q. You have taken the aggregate amount of all that, and you have 
made a calculation, and the result of that calculation is that if it had 
all been paid out for wood pavement, it would have cost, to have paved 
from building-liue to building-line with wood pavement, $4.34 jDcr 
square yard ! — A. Yes, sir. 

Mr. Bass. I do not understand him so. 

Mr. Wilson. That is my understanding. 

Mr. Bass. No ; he has taken the aggregate expense, as you suggested, 
and divided it by the number of linear feet, and says all these improve- 
ments cost so many dollars per linear foot. 

By the Chairman -. 
Q. You reduce every thing to square yards, as I understand you ? — 
A. I reduce the length of the street from Pennsylvania avenue to the 
middle of H street, deducting the intersections allowed by the board, 
and the space, from the south side of C street to the north side of Indi- 
ana avenue, which is not improved at all — the crossing, then, I put it 
into yards, from building-line to building-line ; now, if I had put it into 
yards from the inner line of the sidewalks on either side it would 
have deducted 20 feet from the street, leaving 64 feet, and when you 
come to put in 26 feet of this unimproved at $4.34, and add it to the 
other, you will find it will come to a good deal more money — about $7. 



TESTIMOXf OF HENRY S. DAVIS. 1295 

Mr. JeWETT : 

Q. Now, just s'o on witli that idea; you took that means of ascertaining 
the quantity- within these limits ?— A. Yes, sir. 

Q. Then you took from the board of public works the report of money 
expended upon that portion of the street? — A. Yes, sir. 

Q. In ascertaining that, you took the amount paid on account of wood 
pavement, did you ? Was that a portion of the amount ? — A. Yes, sir. 
It was all in. 

Q. You took everything in — that for curbing! — A. Yes, sir. 

Q. That for sidewalks ?— A. Yes, sir. 

Q. That for sewerage 1—A. Yes, sir. 

Q, That for gas-pipes ?— A. Yes, sir. 

Q. That for water-pipes ?— A. Yes, sir. O ! Thgy did not lay gas- 
pipe. 

Q. Well, you included all the items of expenditure upon that portion 
of the street? — xV. I included all the items in their account. 

Q. And then you divided that by the number of square yards within 
these limits ? — A. Yes, sir. 

Q. And from that you ascertained the amount per square yard which 
had been spent by the board"? — A. Yes, sir. 

Q. That's your mode of ascertaining ? — A. Yes, sir. 

Q. You do not know how much was paid for wood pavement ? — A. I 
do not. Yes, it was $3.50 a yard. They give the number of yards of 
wood pavement. 

Q. You have made no calculation different from that made by the 
board in its report ? — A. There 

Q. You have not taken any prices other than those given by the 
board ? — A. None at all. 

Q. You have put them all together ? — A. Put them all together. 

Q. And, then, from that statement you give us what it cost per square 
^yard ? — A. What it would have cost all over the street. 

Q. Had the improvement covered the entire street ? — A. Yes, sir ; 
which it did not do. Now, the object of mj' estimate on Seventh street 
was simply this : I wanted to arrive at what it would cost to pave the 
city, at the cost on Seventh street, and I arrived at it. I thought I had 
it somewhere. 

[Witness searches among documents.] 

By Mr. Jewett : 

Q. It is said that you have not paid your taxes. Is that true ? — A. 
That is false, sir. I paid my general taxes on all my property except 
one piece. That I had negotiated to sell, on which parties M'ere to pay 
the taxes. And I paid my taxes in money, not in certiticates, which I 
could have bought for 80 cents on the dollar. I went and gave them 
the money. I paid my special assessments as far as they were due, 
every dollar of them, and i)aid them in money, and there never was a 
grosser libel perpetrated against a man in the world than the statement 
that I had not paid my taxes, because it could not help being known. 

Q. Did you sell the old material from the front of your property I — 
A. I did, just for an experiment, in one case. 

Q. What was the result of that experiment ? — A. On E street I have 
a frontage of 00 feet 4 inches and a 17-foot sidewalk. I went to Mr. 
Jones, who was one of the contractors of the board — I believe ho was a 
bricklayer and builder. I asked him to go and take the bricks. The 
bricks liad been down on the sidewalk 15 or 18 years ; I asked him to 
take them out of the yard and count them himself, and allow mo what 



1296 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

lie tlionght tliey were worth. My object was to ascertain as near as 
possible what the old material was worth, and what was being got for 
it. Mr. Jones had the bricks taken, counted them himself, or sent 
somebody to count them, and he returned me 4,000 bricks. I asked him 
what he was going to allow me for them. He said $10 a thousand. 
J^ow, mark you : he took the bricks himself; counted them himself; hauled 
them away himself ; and allowed me $10 a thousand. 

Q. Ten dollars a thousand for bricks seventeen years old ? — A. Yes, 
sir ; and paid me the money. 

Q. With regard to the material in front of the buildings of your 
neighbors, what became of that; do you knowf — A. I do not. I sup- 
pose it was taken by the board of public works, as they generally took 
everything ; those tjiat did not take it up. They took my curbing from 
there. 

Q. Have you made an estimate of the value of the old material taken 
by the board from the frontage of the property of your neighbors 1 — A. 
I have approximated an estimate of the amount of material thgt the 
board has taken from the citizens, and I cannot make it under two 
and a half millions. That needs a little explanation now. 

Q. Explain that, if you please. — A. I want to explain it by their own 
figures, sir, not mine. Now, gentlemen, these figures here estimated 
seem to startle some people. 

Q. Give us the result, if you please. — A. I want to give you the full 
result now from their own figures. 

Q. Cannot you answer my question as to the amount of old material 
belonging to citizens taken by the board, if you have made any calcu- 
lation ! — A. I have, sir. 

Q. Give me the result of that calculation. — A. Well, I said before 
that I could not make it less than two and a half millions. 

Q. Will you state, now, precisely, how you airived at that? — A. Well, 
sir, I arrived at it by making an estimate by the streets, the flagging, 
the stone, and everything appertaining to the improvements of streets ; 
even the sand on the street. 

Q. Then you have taken the street 1 — A. Yes, sir. 

Q. The miles of i^avement and of flagging and of curbing existing 
before the board commenced ; and you have charged them with that 
amount have you? — A. I did not charge them with any. I say they 
have got about that much material. I suppose they have accounted for 
some of it. 

Q. How much do you find that they have accounted for? — A. That 1 
have not looked at, sir. 

Q. Then your estimate is two and a half millions ; but you have made 
no estimate as to the amount they have accounted for"? — A. Now, here 
is a very short piece I want to read you, from their own books, on this 
very subject. 

Q. Does it state the amount of old material ? — A. No, sir ; but it 
states the amount of expenditures that have been made by the cities of 
Washington and Georgetown and the county. 

Q. Well, that we have here before us. it amounted to $16,000,000^ 
you say. 

By Mr. Wilson : 
Q. What page do you refer to there ?— A. This is 1872, page 14. It 
amounts to within a fraction of $16,000,000 that have been expended 
here; and, gentlemen, this material is not j)erishable — a piece of stone. 



TESTIMOXY OF HENRY S. DAVIS. 1297 

By the Chairman : 
Q. How many years ago ? — A. Seventy-two years. 
Q. What stoue*^ is that, sir?— A. I say the stone hiid here is just as 
good. Stone does not perisli. Stone may wear out. 

By Mr. Jewett : 

Q. In your estimate do you take it for granted that at the time the 
])oard commenced work the streets and sidewalks, so far as they have 
improved them, were paved and llagged? Is that the mode in which 
you make your estimate as to the amount of okl material? — A. It is. 

Q. You take it for granted that all the streets they have paved, 
and the walks they have Hagged, and the curbing they have put in, all 
existed in some shape or form when they took hold of it ? — A. Yes, sir. 

Q. And you have estimated that material upon the basis that there 
existed so inany square yards and linear feet at the time that they com- 
menced their work, and take it for granted that they took the old nni- 
terial existing at the time and disposed of it? — A. Yes, sir. 

Q. And hence you attach that value ? — A. Y^es, sir. 

Q. Now, did you merely estimate the value or did you examiae the 
old material for the purpose of determiniog its value ? — A. I made a 
great deal of allowance for the old material. 

Q. You did not then estimate it at the price of new material '. — A, O, 
nothing like it, sir. 

Q. What allowance did you make ? — A. I do not remember what it 
was; I lost my notes on that point. 

Q. Is it the (act that these streets were paved to the extent that they 
were paved when you made that estimate ? Were these streets all 
paved before the board of public works commenced their operations ? — 
A. There was a great deal of work done under Bowen's administration 
in paving streets and laying sidewalks, and there was a great deal of 
work done under Wallach's administration prior to ^Ir. Boweu's time. 
I think it was pretty nearly four years, Mr. Wallach's. There was a 
great deal of improvements during the first time, and the sidewalks 
that were laid down years ago, all the bricks were good, and, so far as 
I know, under the late system here the sidewalks were made of very 
good brick ; they are just as good in many parts of the city as they were 
the day they Avere put down ; but I made a large deduction. 

Q. It seems that the board of public works has laid so many miles of 
streets. — A. Yes, sir. 

Q. So many of sidewalks. — A. Yes, sir. 

Q. And that in your estimate of old material you have assumed tluit 
the same streets and the same sidewalks were at the time paved with 
some kind of material ? — A. 1 arrived at that in this way : I took the 
length of the streets reported, and nmde an estimate. 1 then took the 
length of all the streets, and divided the squares. There are eleven hun- 
dred and seventy squares, and I assumed from the length of the streets 
they claimed to im[)rove tluit they improved so many s<iuares. 

Q. The point I want to ask your attention to is this : were not a large 
portion of these streets unimproved when the board of public works com- 
menced their operations ? — A. Well, the board of public works has 
been improving streets mostly where streets have been improved, but 
of course they have improved some, I snppose, that have not been here- 
tofore improved. I have no doubt of that; a good many, perliai)s, 

Q. Then the qiu^stion presents itself whether or not you had snfli- 
cient basis upon which to make any calculation as to old material ? — A. 
That qnestion does not present itself to me, sir. 
82 D C T 



1298 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. It does uot ? — A. No, sir. 

Q. Then I ask you the questiou, had you any basis upou which to 
make that calculation f — A. None other than calculating Irom the miles 
they themselves give of improvements, and making an estimate from 
that basis. 

Q. Without knowing whether or not any portion of that mileage had 
previously been improved? — A. I made am[)le deduction for all these 
things in my estimate, but I might not have made enough ; I do not 
know. 

Q. You made deductions? — A. Yes, sir ; and as I think sufficient. It's 
oul}^ an ap))roximate way of getting at it any way. It is not one of 
those positive things that a man can get at. 

By Mr. Merrick : 

Q. You are an old citizen, familiar with the condition of the city for 
many years ? — A. 1 have been here nearly forty-one years. 

Q. In active business ? — A. Yes, sir. 

Q. And familiar with the condition of the streets and improvements ? 
— A. Yes, sir. 

Q. Was it from that general knowledge of the condition of the city 
that you made your estimate ? — A. O, yes ; in part. 

By Mr. Stewart : 

Q. Were those new improvements that were made necessary or un- 
necessary ? — A. Well, there are a great many of them very unnecessary, 
I think. 

Q. Most of the streets were in a good condition before ? — A. Well, 
the streets were in a very good condition ; the streets were in a better 
condition than some of the wood pavements are now. 

Q. On the whole, do you think it was in a better condition before, or 
better now ; do you think the condition of the city has been improved 
or not ? — A. Doubtless it has been improved — decidedly ; there can be 
no doubt about thatj but the improvements are very frail, and not going 
to last. 

Q. How is it with the question of sewerage; is that in any better con- 
dition than before '? — A. Well, sir, I am not an expert about sewerage, 
but I think the sewerage has been pretty bad. 

Q. Has the city been improved in point of sewerage ? — A. O, yes : 
but still the sewerage, I think, has not been well done. 

Q. Then you think there were two and a half millions of old material 
on the streets ? — A. I think so, sir. 

Q. What has been done with that"? — A. Well, sir, you must ask some- 
body else that question. 

Q. It cannot have been annihilated, can it ? It must be somewhere ? 
— A. Of couse it is somewhere. 

Q. Has it been put into the new improvements; that two and a half 
millions of old material ? — A. The old material has been generally taken 
away, or not used. 

Q. Where is it ? — A. I do not know what they have done with it. It 
has been used, of course. 

Q. You have been living here all the time ? — A. Yes, sir ; but I have 
no time to be running after the board of public works and be insulted 
at every turn, too. 

Q. Have you been insulted '? — A. Yes, sir ; if I go to asking any 
questions at all. 

Q. How ? — A. You cannot ask any question at all to get any answer. 



TESTIMONY OF HENRY S. DAVIS. 1299 

Q. Do you know where auy portion of that okl matcrhil lias gone ? — 
A. I do not, sir. 

Q. Did you take any particuhir street and examine what the okl ma- 
terial was worth ? — A. Xo, sir. 

Q. And your estimate was entirely general .' — A. 'Yes, sir. 

By Mr. Hubbell : 

Q. Do you know how much was expended in the improvement of 
streets and alleys in Washington before the board of public works took 
charge of the streets ! — A. I w' anted to say that awhile ago, but w^as 
stopped. Tliis is what the board of public works report : Total amount 
expended by the General Government for the improvement of our streets 
and avenues, since 1802, is 8 1,321,288.31. During this i)eriod the amount 
expended by the city of Washington, for these purposes, was 
■S 13,921,707.15, showing an excess in favor of the city government 

(^. I do not care anything about the excess. Now, just wait and an- 
swer me one question. — A. Now, let me answer the other question ; there 
is a balance to it. 

Q. Well, go on, sir. — A. If we add the amount paid to the city of 
Georgetown and county of Washington for the improvement of streets 
and roadways during these seventy years, it will aggregate about two 
millions more, making nearly sixteen million of dollars — nearly. 

Q. Now, then, have you ever made an estimate to determine what pro- 
portion of that sum was in materials existing upon the streets, in the 
way of sidewalks and pavements ? — A. That is what I tried to make, sir. 

Q. Did you ever try to make an estimate ? — A. 1 did. I have stated 
that already. 

Q. Then the sum of $16,000,000 which has been expended in 70 years, 
as you say, consisted in grading, nuxcadaraizing, and opening streets? — 
A. Yes, sir. 

(}. Did you estimate that $2,000,000 of it was in the shape of mate- 
rial — bricks and flagging I — A. Not in bricks and flagging. There were 
bricks and flagging, curbing and sand, under the pavement, which is not 
a very small item. The curbing I considered as worth more than it cost 
to take it otf. Where the street is Avell graveled, it is worth more than 
the cost of taking it away. They take it to their damping-ground, run 
it through the sieve, and use the gravel for the wood pavements and 
the loam for laying it on. 

By Mr. Mattingly : 

Q. Have you personally measured any of the work done on the streets 
by the board of public works f — A. No, sir; I have not. 

Q. What do you mean, then, in your estimates of making an allow- 
ance of 10 per cent, for overmeasurements ? — A. That is my own esti- 
mate. 

Q. What is it based upon ? You say you have never made any esti- 
mates. Is it a mere assumption of yours '^ — A. It is. 

Q. A mere assumption ? — x^.. It is. I assume that the overmeasure- 
ments will amount to 10 per cent, and it will do it all the time. 

Q. You make that statement under oath to this conunittee, that the 
board of public works, in the improvements that they have made here, 
have made overmeasurements to the extent of 10 per cent, when, in 
fact, you have never personally measured any of the work they have 
done * — A. I did not make any such oath at all. 

Q. Did you not state that a monuMit ago ?— A. I stated that I assume 
that the overmeasurements Avill be 10 per cent., and I now state tbat I 
believe they will reach that all the time. I believe it. 



1300 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

Q. Vv'hat is the foaudatiou of that belief or that assumptiou ? — 
A. Well, because I have seen so Diuch of it, I have seen so much of it 
ail the time, even under the old corporation. The measurements brought 
to ine generally sometimes were over that a good deal. 

Q. And you assumed that the same process continued under the 
board of public works ? — A. Yes, sir ; and from the measurement of M 
street I have become more than satisfied in my own mind that it was a 
good deal larger than that. 

Q. And yet, in measuring M street, you did not include the cost Of the 
extra work done by the board. Now, I see in that statement, also, you 
make an allowance of 15 per cent, for damages done to private prop- 
erty by improvements ? — A. Yes, sir. 

Q. Do I understand you to say that private property in this city has 
been damaged 15 per cent, on the line where the streets have been im- 
proved ? — A. I state particularly that I assumed that the damage to 
the private property would reach 15 per cent. 

Q. That is your opinion ? — A. That is my opinion ; but I stated also 
that I did not suppose it would reach that amount on Massachusetts 
avenue, because it was not built up; but that, as a general rule, it would 
reach that figure, and I believe it will, and more. 

Q. These old bricks of yours, that you sold to Mr. Jones, what use 
did he make of them ? — A. Y^ou must ask him ; I do not know. 

Q. Do you not know that he used them in the foundation of the Sec- 
ond Xatioual Bank? — A. I do not know what he did with them. 

Q. Was he not at that time laying the foundation of the Second Na- 
tional Bank on Seventh street, but a few feet only distant from your 
property? — A. He was building a bank, but where he took the bricks 
to I do not know. I do not know anything about it. 

Q. Do vou not know that he used the old brick in the foundation of 
that bank?— A. I do not. 

Q. Y'ou saw it every day, did you not? — A. I never noticed what 
kind of brick went into it. 

Q. How far is that bank from where he had to haul these brick — how 
many feet is it? — A. O, it is about 200 feet, I reckon. 

Q. These printed statements which you have been reading from the 
newspapers were the same that you used in your testimony before the 
former investigating committee, were they not? — A. Yes, sir. 

Q. Y^ou testified before that committee to the same things that you 
have testified to here, substantially? — A. Yes, sir; about the same 
thing so far as these papers are concerned. 

The committee here took a recess until 2 o'clock p. m. 

On the committee re-assembling, Wright Eives was recalled. 

By Mr. Wilson : 

Q. When you were here before, you were requested to make out a 
statement in regard to various matters and bring it here. Have you 
made such statement ? — A. I have copied a great many of them, but it 
has been impossible to get all together. 

Q. Have you made out a statement in regard to the Bladensburgh 
road ? — A. Yes, sir ; but before I proceed with the testimony, I would 
say, as Mr. Forsyth is liere, and he says there is some discrepancy in my 
estimate, that L would like to have him explain that. It is for the corn- 
mi ttee, of course, to say whether he shall do so now, or at some subse- 
quent time. I am perfectly willing to leave the matter where it is. I 
find a little mistake, but I am willing to let it stand. 



TESTIMONY OF WRIGHT RIVES. 1301 

]\rr. AYiLSOX. If there is any discrepancy as to your former testimony 
between yon and 3Ir. Forsyth, we will give you an opportunity hereafter 
to make an explanation. 

Witness. That will be perfectly satisfactory. I am willing to let it 
stand where it is. 

Q. I will ask you, then, to furnish the committee with a statement in 
regard to the Bladensburg road. — A. The contract was given originally 
to F. C. Crowley, for grading, graveling, culverts, and sewers, the 
estimated cost being 8l,()l)(). See governor's answer to the investi- 
gating committee, page !2G2, contract Xo. 310. Previous to this, or I 
shoukl say since then, the legislature made an appropriation of $23,000 
for that road. In Jul}', 1872, Crowley's contract was annulled, and the 
board of public works advertise<l in the Washington City papers for 
proposals to hnish the road. They received a number of propositions. 
The work was finally given to J. V. W. Vandenburgh, on August 31, 
1872. (Contract Xo. 499, page 282, of the governor's answer.) 

In looking over the prices, I see contracts. I see contract ISTo. 407 
to Davenport was for the Bladensburgh road, but Vandenburgh linally 
got it. I have understood from a reli;ible source that Mr. Vandenburgh 
was not only no bidder, but he did not put in any bid whatever. This 
contract was for grading and graveling. H. Sclireider had previouslj' 
received the contract to build culverts, &c. (See governor's answer, 
page 28, contract Xo. 480, dated August 19, 1872.) 

The estimate for Vandenburgh's contract was 829,000. The estimate 
for Schreider's was 63,928.84. I understand, and I have reason to be- 
lieve, that it is so ; that in this case this Vandenburgh contract was 
let to Mr. Vandenburgh without anj' contract prices being named, but 
that was left to Mr. Barney to decide after the work was finished. 
This contract, I understand, was not signed by the governor until 
some time in December, 1873 — or November — somewhere along there, 
from September. It was not signed until then, notwithstanding the 
road had been completed pretty nearly a year, or the bills had been 
sent on pretty nearly a year. They were sent out in March. On page 
84 of the report of the board of public works for 1873, the Columbia 
Turnpike, total cost, $52,824.68. On page 24G of the governor's answer, 
contract 310, Crowley received $4,000. On page 351 of the governor's 
answer, Vandenburgli received $22,094.03. Tbe report states $0,305.97 
below the estimate. On page 350 of the governor's answer, Henry 
Schreider, contract No. 480, received $5,930.21, $2001,37 actual cost 
over estimate. Now, all the work that was performed on that road "was 
done by Crowley, Vandenburgh, and Schreider; therefore the amounts 
they received should be the cost of the road and 5 per cent, added ; 
adding these together, we get $32,024.24 as the total cost of the road, 
according to the reports in the governor's answer — the amounts these 
contractors received. 

In the report of the board of public works of 1873, page G3, there is 
for Columbia road $7,417.10, that was, as it states there, for tiles, re- 
pairing the walls, grading the side of the bank and sodding the same, 
and the cost of the sodding. Then there was some $1,800 for labor. 
As far as tliat is concerned, I cannot find what it is for, unless it is for 
labor to be performed on the road when they put down the tiles. 

The United States pays 20 per cent, of this whole amount. Taking 20 
per cent., we get $8,408.09 deducted from the above cost, say $33,024.78 
as the total cost of the road, no matter how you fix it. 

]Mr. Wilson. Have you made out the difference in the cost as showA 
in this contract, and the amount they report as the cost of the road ? 



1302 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Have von subtracted the one from tlie other ? — A. No, sir ; I have not. 
The $33,624.78— subtract that from 852,824.68. 
Mr. Wilson. It makes a difierence, I find, of $18,199.90. 

By Mr. Merrick : 

Q. The property-hohlers, as I understand it, are assessed on the basis 
of the total cost of $52,824.68 ?— A. Yes, sir. 

Q. If there is anything else you know in connection with the Bla- 
densburg road, please state it. — A. Mr. Vaudenburgh was allowed one 
cent for each 100 feet of fall. The board prices were a cent and a half, 
I think, for every 100 feet over the first 200. He was allowed one cent 
the first 100. 

Q. How do you get that fact ? — A. I have a paper here which has the 
actual cost of the road. I made application to Mr. Carpenter, the sur- 
veyor of the county, who was charged with these roads. He said he 
could not give it to me unless I obtained a permit from the members of 
the board. I made applicatiou to Governor Shepherd, who was vice- 
president of the board at that time. He gave me that permission. I 
kept it, and it is embraced in this paper. From that I find that Crowley 
was allowed, under his contract, only 29 cents per cubic yard for exca- 
vation, and Yandenburgh was allowed 00 cents for the same. 

By the Chairman : 

Q. That is, for hard, hard red, white, or blue clay, or loose rock exca- 
vation ? — A. There is no rocii; on the road ; just simply clay. 

Q. It don't say whether it is soft or hard clay. 

The Chairman. There are three kinds of excavation in the contract. 
For excavation for the first two feet, 40 cents ; the additional loose earth 
excavation, 30, and then hard, hard red, white, or blue clay, or loose rock 
excavation, 60 cents. I simply call attention to that. — A. I have never 
seen the contract. I have made several apjilications to get it — two 
written applications and three or four verbal applications — but I was 
never allowed to see the contract. 

By Mr. Jewett : 
Q. What did they pay — at what rate ? — A. Sixty cents. Crowley re- 
ceived 29 cents, Yandenburgh received 60 cents, and, I think, in one in- 
stance 70 cents, according to that table. Yandenburgh received 40 cents 
for sand. Crowley was allowed 29 cents per cubic yard for gutters, and 
Yandenburgh 60 cents. You will find by table 42, if you will examine it, 
in the report of the board of public works for 1872, Columbia road, gravel, 
35,392j*'^ square yards, at $22,798.76. If you will examine that table, 
that table marked A, you will find the whole amount of Yanderburgh 
32,882 square yards, at $16,993.06; Crowley, 3,131 square yards, at 
$438.34, making a total amount of 36,013 square yards, at $17,431.40. 
In the tables, $22,798.76, deducting the above, we have a difference of 
$5,367.36 in the price of gravel between the tables and that Exhibit A. 
The total of grading, 32,101.33 cubic yards, at $16,345. In Exhibit A, 
Yandenburgh, 19,768 square yards, costing $12,804.85 ; Crowley, 10,455 
cubic yards, 707 cubic yards, equal to 3,031.95, and 205, equal to 30,930 
cubic yards, at $16,041.80, a difference of 323.20 too much. Crowley 
plowed up all the gravel on the road, and placed it in piles on the side 
of the road. Almost all this gravel was used by Yandenburgh, and there 
is no doubt there are overcharges in all this gravel. There was one 
pile of gravel at the now second house on the right-hand side of the 
road, and another nearly directly opjjosite. One at Dr. Palmer's gate, 
another at Lowry's Hill, at the foot of it; one at Clark Mills's road en- 



TESTIMONY OF WRIGHT RIVES. 1303 

trauce, another at the end of Mills's farm, and one at tlie commencement 
of the Keform School. The first, third, fifth, sixth, seventh piles of 
gravel were all used by Yandenburgh ; second and fourth partially used. 
Yet in the table they estimate the whole haul of the gravel from the 
original bed situated at the place back of Dr. ralmer's. 

The road is very bad. In one place, where it should be drained, the 
i\oad was impassable during the winter of '72 and '73, at times. My 
wagons from my country-seat could not come into town, but would have 
to go two miles and a half out of their way to get into another road, and, 
conung back that same distance, would make it five miles more than 
they ought to go in order to get to my place. 

The arch at the second culvert is now giving away, and it is shored up 
by timbers, but it will have to be repaired — fixed up. If these side-walls 
give way, it Avill take away three-fourths of the road, so that it will be im- 
possible for any wagon to go over the road. The road is about 24 feet wide 
and IG to 18 feet high. The slope of earth will be such an inclination 
that no wagon can go over the road. The road will be destroyed, and it 
will take time to fix this up. The cause of this wall giving way is from 
this water running off this springy hill down to it, keeping the wall 
soaked with water all the time. It should have been drained. I have 
heard that the board intended to put up a retaining-wall there, but 
no retaining-wall will stand unless they drain that hill, as the clay has 
a lateral and vertical motion there, and rise. 

By Mr. Wilson : 

Q, YThat is the condition of that road now at those points where you 
say in the winter of 1872 it was impassable? How is it now, and how 
has it been during the winter? — A. I have only been over the road once 
during the winter. 

Q. How was it then? — A. It was very narrow, and two wagons could 
not pass abreast. It was very bad at that hill. 

Q. Did you notice the character of the clay that was excavated ; 
whether it was clay excavation or not ?— A. No, sir ; I do not think it 
was clay. The summer of 1872 was remarkably dry. It was no tougher 
than any other clay, except on the top. On top of the springy hill it 
was remarkably dry, but sometimes when it would come a rain it was 
very difficult indeed to raise this earth, as it was fuller's earth — white 
clay — very sticky and "heavy. 

Q, If there is anything you know about that road, you maj- state it. — 
A. The road is badl.y graveled, I think. I requested to have this road 
repaired. I spoke toOovernor Shepherd about it. I Avrotehim a letter in 
which I think I asked him for 81,0i)a. I think I could have spent 810,000 
on that road, and made that road far superior to what it is now for wear 
and tear. Of course I could not excavate so much, but I think it is per- 
fectly useless there, and damaging to the public. Some of the property on 
that road now will not bring one-half the price that it would have brought 
before this improvement was made. I refer to that about a quarter of 
a mile the other side of the coinmenceraent of the road from tlie bound- 
ary-line. There is an embankment there fifteen feet high, and the per- 
son having that farm down there — it is a s?nall place — has no Avay of 
getting to the road unless passing over other persons' ground. I do not 
tliink that place will bring one-half what it would before the road was 
fixed. I do not see that the road is benefited at all by that exten- 
sive improvement. If they had simply repaired the cid verts and opened 
the drains on the side — drained that hirge hill by a deep stone drain — 
an entire drain, so as to remove all the water and put plenty of gravel 



1304 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

on the road, at a cost of ten tboasaud dollars, tLe road would have been 
far better, and they never would have had any trouble. This road will 
be troublesome for years and years to come, unless they sod the whole 
of it, and put very extensive repairs on it. 

Q. Who did the engineering- on that road ? — A. I do not know. I 
think Mr. Carxjenter ; he surveyed it. 

By Mr. Mattingly : 

Q. Mr. Crowley had the contract for this road originally, let to him by 
public advertisement as the lowest bidder ? — A. 1 do not know. 

Q. Yon have spoken of a great many things that you have heard and 
believe — what did you hear and believe on that subject? — A. All I go 
by is that report. I do not know whether it was made to him because 
he was the lowest bidder or not. I do not know any one who put in 
bids. 

Q. Then you do not know whether Mr. Crowley got that contract as 
the lowest bidder or not ? — A. I do not know. 

Q. Did not Mr. Crowley abandon his contract and run away from his 
creditors, and swindle his hands ? — A. The contract was given to another 
person. There was trouble. I heard Mr. Crowley refused to pay his 
hands. The board took it away from him, but I did not know whether 
it was so or not. But that was the rumor. 

Q. I think you stated afterward it was let to Davenport by public 
advertisement? — A. I see by the governor's answer it was given to 
Davenport. 1 do not know why he did not pursue his work. 

Q. Did not you hear that Davenport refused to execute his contract — 
could not do it? — A. I think I heard he refused to execute it. I do not 
know the reason. 

Q. Well, after Davenport refused to execute his contract, were you not 
constantly importuning the board to have this work done ! — A. I was, 
for the simple reason that Mr. Crowley plowed up the whole road, and 
put gravel on the side of the road, and leaving the road in, as I might 
say, an almost impassable condition. I know if winter came on with the 
road in that condition, it would be impossible to drive over it. I im- 
portuned the board ; I wrote to Mr. Shepherd four or five times — wrote 
several letters requesting him to do it. 

Q. Before the contract was let to Mr. Crowley, were you not importun- 
ing the board to have that road fixed ? — A. I wrote a letter, as I have 
stated, and spoke to Governor Shepherd to have that road fixed. It had 
been a toll-road since 1819, and there had been very little repair done 
on the road for the previous ten years. During the war a great many of 
the Government wagons passed over it, and cut it up very badly. The 
corporation — the turnpike company — placed some repairs on the road, 
but they were very little. After the road was taken away and made a 
free road, I thought, in justice to the people who had been iiayiug taxes 
and tolls on the road, I thought this road ought to have something 
done with it. 

By Mr. Mattingly : 
Q. As it unquestionably ought. But after Davenport refused to exe- 
cute the contract, did not you know that the board was endeavoring to 
get some one to fix that road before it was let to Major Vandenburgh ? 
Do not 3'ou know they were making efforts to get somebody to do the 
work ? — A. I went to Mr. Carpenter's office. He said Mr. Davenport 
had refused to take it, but after that 1 heard of nothing. I did not go 
there, I think, until Mr. Yandenburgh had the contract. 



TESTIMONY OF WRIGHT RIVES. 1305 

Q. Did not you consult with 1',h\ Carpenter as to what was necessary 
to be done on that road '. — A. I will make this explanation. I spoke to 
Governor Shepherd, and ottered my services, and ottered to do all 
the superintendence on that road free of cost to the District gov- 
ernment, for I was living- on the road and interested in it, and 
I thought I was fully competent to take charge of it, and if I saw 
anything going on that was not right I would see to it. Mr. She])- 
herd at the tirst interview said he would give me charge of the road, 
and that he would have a letter written putting me in charge of it. 
About a week afterward I saw him again, and I called his attention to 
that fact, and he seemed surprised that I had not received that letter. 
He said he would give orders to have me put in charge of the road. I 
never received any letter. 1 wrote two or three letters after that call- 
ing his attention to that fact, but I never received any reply to them. 
I did not write any more, and did not ask to be put in charge of that 
road again, 

Q. My question was this — whether you consulted with Mr. Carpenter 
as to wiiat was necessary to be done on the road '? — A. Mr. Carpenter 
had a i)rofile of the original road and of the improvements he intended to 
make. I agreed with him in reference to cutting down, but objected to 
having so much of it cut down. I think this prolile was changed two 
or three times. I did not think so much cutting was necessary, and I 
still have the same opinion. 

Q. Did not you present to Mr. Carpenter a letter from Governor 
Shepherd appointing you superintendent of that road? — A. No, sir; I 
never received a letter. 

Q. Do you know whether the Government paid any portion of the 
cost of making that improvement f — A. Xone but what I derived from 
the governor's answer. 

Q. Does that show the Government paid any portion of it ? — A. It 
shows 20 per cent. 

The Witness. In the report of the board of public vorks for 1872, 
you will lind for " roads in the county, first district, second district, &c., 
20 j)er cent."' 

Mr. Mattingly. Yes ; 1 know the charge is there ; I know a great 
deal is charged to the Government which they have not paid. 

The Witness. Yes, sir 5 it appears in the governor's answer. 

By Mr. ]\Iattingly : 

Q. Do 3'ou mean to state to this committee that the Government has 
l)aid that proportion, 20 per cent, of the cost of that road '! — A. I do not 
that the Government has paid. All I know is from this book and from 
the report of the board of public works of 1872. 

Q. What property has the Government there i — A. The Government 
has a Eeform School, and 1 may state that they have about ruined that 
road. The bricks for the Ileform School were hauled over this road 
while it was in a sort of green state. 

Q. Is not that the main cause of the condition of the road .' — A. 
Xo, sir ; they hurt the road a great deal. 

Q. How many acres of land has the Government there 1 — A. I think 
two hundred and fifty. 

Mr. Christy. After the abandonment of Crowley and Davenport, were 
you informed that any suits were instituted upon bonds that they had 
given to fulfill the conditions of their contract ? — A. No, sir. 

Q. I was trying to arrive at the fact whether or not bonds were 
re(iuired of them. 



1306 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

Govornor Shepherd. Yes, sir ; bonds were required of them. 

Mr. Mattingly. Did you ever make any application to the board to 
ascertain the difference between the cost of the property as charged and 
the actual cost as estimated by you 1 Did you ever make any effort to 
find out the cause of that discrepancy ? — A. I made three or four efforts 
to get the contract two months ago. I asked Mr. Willard for it, and 
I asked Mr. Nott. He said I must get an order from j\Ir. Wil- 
lard, or one of the members of the board, i went to Mr. Wil- 
lard. Dr. Blake was present, and they refused to let me have it, 
and told me to address them a letter. I addressed them a letter, but I 
do not think they answered it. I called their attention to it again, and 
told them it was — that I thought there was something Avrong on that 
road, and said to them that if they would come to my house I would 
point out the mistakes. I told them I was perfectly willing for them to 
read the contract ; I would turn my back if thej^ would read it to me. 

Q. Did you tell them that you did not mean to pay your assessment 
on that, but would have a suit about it "? — A. I told them that was the 
best way to do — to take it to the courts, and both sides would be satisfied 
then. 

By Mr. Wilson : 

Q. Did they refuse to let you have this contract because you refused 
to pay your assessment? — A. I do not know. 1 did not tell that to 
them until afterward. I supposed they knew I had not paid my assess- 
ment; but I told them it was a wrong, and if they would come to me or 
send any one from their office, I would show them where the discrepan- 
cies were. 

Q. They never allowed you to see the contract ? — A. IS'o, sir. 

Q. Have you made any further examination in regard to streets and 
improvements in the city 1 — A. I have. 

Louisiana avenue, Kinth to Tenth sfj-eefs.— Governor's answor, page 411 : 6,319 cubic yards graflins, at 
40 cents — 12,527.60 ; extra haul for same, at 32 cents = |2,022.08 ; 0,238 cubic yards grading, at 40 cents 
= §2,495.20 ; extra haul for same, at 17 cents = $1,060.46; making- a total of |8,105.34. 

Eeroort of board of public work.s, 1872, Table XXV, 8,837 cubic yards grading, as follows: 6,310 cubic 
yards, at 30 cents = $1,895.70 ; extra haul for same, at 22 cents = $1,390.18 ; 2,518 xubio yards grading, at 
20 cents = $503.60 ; extra haul for same, at 13 cents = $327.34; making a total of $4,116.82— deducting 
from $8,105.34, leaves $3,988.52. 

United States charged with all brick pavements at Si per square yard. In the table it is charged at 
SO cents, a difference of $968.20 on brick sidewalks, ($414.18.) 

United States charged with 1,186 feet of curbing, at $1.50 = $1,779. In the table same amount charged 
at $1.90 aud $1.42=11,061.04, a difference of $1,117.96. 

If we examine the above, we will find that the United States have paid and been charged with $13,004 
and $14,291.73 = $27,295.73; deducting for sewer .$4,230 = $23,065.73, as charged to United States. In 
Table XXV, board of public works, 1872, we find the general fund = 17,800.48 ; property-holders, 
$8,900.23 = $26,700.71 : adding this to the above, we have $49,705.44, as the amount collected by the board 
of public works for the improvement of the street. In Table XXV we find the whole cost of the street 
$29,437.21; deducting this from the above, we have $20,323.23 as the amount collected beyond cost of 
street. 

The whole amount charged to United States is $34,441.59 ; one-third of this is to be deducted 
Dividing this amount liy 3, we have $11,480.53. Deducting this from the above, we have $22,961.00 
But since the United States had paid $13,004, we have $9,957.02 as the amount due by United States, 
and not $14,291.73, as on page 411, governor's answer — a difference of $4,334.71. 

National Sailors' Home. — Governor's answer, page 435 : asphalt, $3.20 per square yard. Report' 
board public works, Table XXIII, asphalt, $2.95. Pago 4.35, governor's answer, 181 feet curbing- 
at $1.50; 241 square yards brick sidewalk, at $1. Page 4;i2: 150 feet curbing, at $1.50; 200 square 
yards brick pavement," at $1. Table XXIII, brick pavement, 80 cents per square yard; curbing, $1.-20. 
Coping and sodding seems to be charged for in both places. Page 452 seems to be charged for a portion 
of the same. 

Report board public works, 1872, Fifteenth-and-a-half and Sixte°nth-and-a-half streets: pavement 
(asphalt) charged at $3.20 and $-2.95. Property-holders on both streets pay the same, and United States, 
(governor's answer, page 308,) charged at $3.20. 

Missouri avenue, between Third and Sixth streets; Governor's answer, pages 405, 4-29-4.30: 1,504 feet 
curb, at $1.50 = $-2.2.50: 678 feet curb, at $1.50 =$1,017. Page 4-29, governor's answer: 637 feet curb, at 
$1.50 = $955.50; making, in all, $2,819 feet = $4,228.50. Brick pavements, 2,172 yards, atSl; 1,883 square 
vards, at $1, and 848 square yards, at $1 = 4,903 square vards, at $l = $4,903. 1,300 feet gutter-flag, at 60 
cents = $780. 2,758 yards wood pavement, at $3.50 = .$9,0-23. 

Board of public works' report, 1873, page 134 : 4,6061^ square yards brick pavement = $3,961.27 ; deduct- 
ing from above, we have $941.73 overcharged. Curbing, 2,680J feet = $3,308.23 ; deducting from the above 
leaves $9-20.27 overcharged to United States. Gutter-flags, 1,'262 feet, at 53 cents =$441.70; deducting 
from above = $333.30 overcharged. Wood pavement, 2,808 square yard.s, at $3.10 = $8,704.80; deducting 
from above = $318.20 overcharged. 8,744 cubic yards grading and 3,778 extra haul. 



TESTIMONY OF WRIGHT RIVES. 1307 

Tills, I think, is a mistako, as the street was filled, not excavated, 
and since the earth was paid for by other streets, it should not be 
charged again. 

By Mr. Mattixcily : 

Q. How do you know that the dirt used in the filling was paid for by 
other streets? Do you know wliere it came from ? — A. 1 do not know 
where it came from, but every street in the re]>ort of the board for 1872 
and 1873, there are excavations and hauling, with the exception of Six- 
teenth street, in tlie wooden pavement, where the word " filling" is used ; 
there is a small amount for filling. But in examining these tables I 
find there is always excavation and extra haul; and, since the excava- 
tion was paid for and the haul, wherever the contractor dumped that 
earth he is paid all he is entitled to, and consequently the earth being 
dumped, there it was — put there free of expense. 

Mr. 3IATTINGLY. I Wanted to know whether it was an inference of 
yours, or whether you were testifying to a positive fact. 

Third street west, between Marvland and Indiana avenues. 

Governor's answer, pages 404, 4:?S, 444, 449, anil 45i), and pases 1-10 and 141 board of public works, 1873. 
Wood pavement, at S^i.lO; United States charged at §3.50. Curbing at 81.43; T'nitod States charged at 
6I..5t). Sewer, Si.l-.'j.TO ; United State.s live-sixths, 82,115.00. United States charged with 11,777 cubic 
yards of grading, at 40 cents. Again, on page 449, 3,580 cubic yard.s, at 50 cents, 81.790. I think this 
.grading is a mi.stake ; it is filling, and should not be charged as other streets paid for it. Page 438 : 
Five hundred and sixty-four sfjuare yards brick charged, at §1 i)er square yard. Board of public works 
rejiort has not chaigcd for brick pavement. 

If we compare these charges to United States and with table board public works, 1S73, page 140, we 
liave United States charged with §05,911.80, and (811,038.85— .87,155.00 for sewers) =$3,883.85; adding we 
have 8-'9. 795.85 as the amount paid by United States. Add to this general fund 836,489,42, and pioperty- 
liolders 818,244 71 = 854,734.13, we have 88-1,529.78 as amonnt collected by board public works for street ; 
deducting cost of street 868,230.63 from above, we h.T,ve 818.299.15 as am()unt collected by board of public- 
^vorks, more than cost of street. I do not know whether that was collected from propertj'-holders or 
the Government. 

Governor's answer, page 434 : 'Winder's building, wood pavement charged to United States at $3.50. 
Board of public works report, 1872, table XXX, wood pavement at 83. 

Governor's an-swer, page 437 : Fourth-and-a-half stieet, between Mis.souri and Maine avenues, 5,860 
ctil)ie yard,a of grading, at 40 cents = §2,344. This is filling, and should not be charged, as it was paid for 
by other streets. 

Governor's answer, page 398 : Madison and Jackson Square, United States charged 815,990.97. 

Board pub-ic works, 1872: General fund, 86,075.94; property-holders, 83,037.96=89,113.90; adding 
what I'nited States paid we have 825,104.s7 as amount collected; deducting cost of street, 822,915.67, 
we have 82,189.20 as amount collected beyond cost of street. 

Governor's answer, pag(!s 409 and 422 :' Filling canal, §140,666.80. This should not be charged, as it 
was paid for by other streets. 

Governor's answer, page 427: Fifteenth street from Pennsylvania avenue to B north, and Svene- 
teeuth street from New York avenue to B north, 41,035 cubic j'ards grading, at 40 cents = 816,410. This 
shiiuid not be charged, as it was paid for by other streets. 

Board public works, 1873, page 160 : 10,000 square yards grading, and same hauled. This is, I think, 
too much grading. B .street was filled from First to Second. Since B crosses Second street, and both 
arc paved, the half intersection should be deducted from one and added to tlie other. 

Board public works, 1873, page 141': Half intersection of C with Third should be deducted. 

Governor'* answer, pages 435 and 436 : ilassachnsetts avenue. Eleventh, and Twelfth streets ; Massa- 
liiisetts avenue. Tenth and Ehiventh streets. Both charged the same ; must be a mi.stake. 

Board i)ublic works, l!:'73, jiage l(i5: B north, Sixth to Se-veuth; 7,593 4-9 square yards grading and 
4, .5-34 4-9 haul. This street, 1 think ,was filled. 

Board public works, page 85: Coniifxticut avenue, IT to I, and K to Boundory. Whole ccst, 
§110.575.43; United States pavs 839.661.20. Governor's answer, page 411: United States 8104.266.37. 

Board public works, 1872, XIV, Winder building, 82,334.00, charged to United States. Page 50, 
-.tfio.OO. Governor's answer, page 434, wood ])avement alone, 83,1)5.00. 

Board public works, 1872, Table XXXV; Vermont avenue, I street to Massachusetts .avenue ; gover- 
nor's answer, page 415; Venuont avenue, K stieet to Fourteenth-street circle; United States charged 
8-30. 993. 47 ; two-thirds general fund, 825,033.32; property-holilers, 813,909.16, malcing 8.'39, 900.95 as 
received from the street. In table, whole cost of street, including intersections, cliarged to other 
streets, 839,797.08. Deducting from above, wo have 830,103.87. United States paid for 3,130 feet of 
sewer, 810,011.00. Table, whole cost of sewer, 85,313.79. That includes man-holes and traps. 

Table, 2,792i square yards brick pavement, 83.035.32: goxernor's answer, 5,834 square yards brick 
pavement, 8.5,S34. Table, 4,205 squai'e yards sodding, 83,102. ,50; governor's answer, 5,740 square yards 
sodding, .83.870. Board of public works,"l873, Table XIX, charge X(!W Ilatnpshire avenue, 8173 ; gov- 
ernor's .answer, 413, across Sixteenth street. This amount shoulil bo deduefed from table. 

Governor's answer, ])ago 414, Pennsylvania .avenue. First to Fourth and Sixth to Seventh streets 
east. 8391,S6-3.05; divide by 3 =81.30,020.68; subtract from tlie .above, we have .8-3(il,24l.37 as tlio amount 
to be i)aid for by United States. Since 8171,746.90 lias been appropriated, deduct this from the above, 
and wi- have .880,494.47 as the amount due by tha United States. But on pjigo 415 it is stated to be 
8146,743.43; deducting the above, we have 857,248.00 as the amount too much charged to United States. 

Governor's answer, page 411, 810l.26t;.27 should be 898,032.93, a ditlerence of §5.33.!. 34. Pago 413 
81«3.013 55 .should be 8172,778.20, a differtiueo of 810,165.35. I'age 414, 8157,700.72 should be 81-1.5.838.43, a 
ditTereuee of 811,862 24. Pago 411, 814,291.73 should be 89,957.02, a ditfereuco of 81,334.67 ; making a 
grand total of 888,944.50. 



1308 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

lu the table for the improvemeut of Third street, the wood pavemeut 
that they tore up — prismatic wood pavement, which was condemned — 
they have hiid on Third street crossiuji' and on L street, at the cost of 
$3.50, when the price for it was only $3. 

By the Chairman : 
Q. Why do you say the price was only 83 ? — A. Because it is so stated 
iu the contract. 

By Governor Shepherd : 

Q. On wliat street — on Third ? 

Mr. KiVES. On Third street. 

Governor Shepherd. The contract states $3.50. 

Mr. EiVES. It is $3.50 for the Ballard pavement, but for the prismatic 
pavemeut it is only $3. That was not burnettized. 

Governor Shepherd. There is no prismatic pavement there except- 
ing one or two intersections. 

Mr. EiVES. Yes, sir ; three. 

Governor Shepherd. Very little of it, I know. 

Mr. Eives. There is about 400 square yards, I believe. " Five per 
cent, is too much charge for expense of the street." That question Mr. 
Mattiugly asked me before, if 5 per cent, was not a small estimate. I 
replied that I thought it Avas. If he recollects, I was referring to the 
Bladensburgh road. 

By Mr. Mattingly : 

Q. The question was put to you as an expert ; you were here testify- 
ing as an engineer. My question was whether 5 per cent, among engin- 
eers was not an unusually small charge for contingencies. Now, I ask 
you whether you, as an engineer, know whether any charge is made by 
engineers to cover contingencies? — A. Of course you cover contingen- 
cies in every case except in some of these tables. 

Q. Is it a usual charge for engineers to claim a percentage to cover 
contingencies? — A. I believe so. 

Q. What is the usual charge ? — A. Well, I do not know. 

Q. Did you ever do any engineering when it was done? — A. Not 
when I had to pay out any money. I have done plenty during the war, 
throwing up fortitications, when it did not cost anything. But here is 
the cost of Third street; there is so much for superintendence, and then 
there is five per cent. Now, if you take and multiply $12,000,000 by 
five per cent, it amounts to a good deal of money. 

Mr. MattingisY. Contingent expenses amount to a good deal of 
money, too. 

Governor Shepherd. I would like to call the attention of the com- 
mittee, while we are on this subject, to the fact that nowhere has the 
United States Government been charged with that 5 percent, that I can 
see from these bills made up, and if that was charged it would amount 
to a quarter of a million dollars, a good deal more than any of these 
discrepancies which can be stated to appear. 

By Mr. Wilson : 

Q. If you have anything further, Mr. Eives, we will hear you. — A. I 
do not know that there is anything more to say. 

Q. Have you made any further memoranda than those you have given 
to the committee ? — A. Well, I have memoranda, but they are not iu 
good shape ; I do not think I could state it unless I wrote it out. 

Q. Have yoa made examinations of other streets than those which 



TESTIMONY OF WILLIAM TORSYTII. 1301) 

you liave already spoken of to see whether the same discrepancies ex- 
ist with reference to other streets of a siniihir character; have yon 
looked through these reports that have been presented by the board of 
l)nb]ic works with a view of ascertaining generally whether this class 
of discrepancies exists '! — A. I think there are discrepancies in the re- 
port on almost every street ; for ins'auce, the cross sections. Take 
Alassachusetts avenue, for instance; in the report of the board of pub- 
lic works for 1S73, you will find Second street one-lialf deducted for in- 
tersection of Massachusetts avenue. Second street was laid before 
Massachusetts avenue; then, when you come to Massachusetts avenue, 
you will find that the one-half intersection is not added. Take First 
street at the intersection of E. In the report of the board for 1873 
you will find 97 square yards charged — I think it is 97 — to E street. 
First street was done before E, and therefore one-half of the whole of 
the intersection should be charged, and not 97 yards. 

By Mr. Mattingly : 
Q. What is the 97 yards ? — A. That is what I tried to work out. I 
cannot make it out. ]Mr. Forsyth might exidaiu it; I cannot. Xow, 
take that 97 yards, and if you will look at First street, you will find 
that That has not been deducted; it has been added to E, but not de- 
ducted from First. You take all the streets throughout the city and 
you will find about the same fault. 

Examination of William Foesyth. 

William Forsyth, a witness, was called on behalf of the memo- 
rialists. 

By Mr. Christy : 

Question. Did you prepare a map of the city of Washington ? — 
Answer. That is my publication, (referring to map.) 

Q. Be kind enough to point out, on that map, to the committee the 
Government reservation at the corner of Twentieth street, New Hamp- 
shire avenue, and O street. — A. I will do so. 

(The witness did as requested.) 

Mr. Christy. I desire to call the attention of the committee in con- 
nection with this testimony to page 453 of the governor's answer. There 
is a charge of 811,402.50 against the Government of the United States 
for the cost of improvement of that reservation. 

The Witness. 1 wish to make a correction of my testimony oh Satur- 
day in relation to some measurements on Pennsylvania avenue east. 
I was a little excited, then, I did assist in making the measurements 
on Pennsylvania avenue east. I am reported as saying that I did not. 
I was asked by the chairman did 1 make any estimates on Penu?ylva- 
uia avenue, of pavements laid by De Golyer, and I am reported here as 
saying "No ;" but it should have been, '' Yes." 

By Mr. Merrick : 

Q. Do you mean to say that you answered " yes ?'' — A. I ought to 
have answered so. 

The Chairman. You did answer "Xq," as I recollect. — A. I did 
•■Mswer " Xo," but I should have said "Yes.' 

Tlie Chairman. I merely wanted to exculpate the reporter. 

The Witness. O, sir, that is all right. 

By Mr. CilRiSTY : 
Q. I call vour attention to reservation at the intersection of Xew 



1310 AFFAIRS IX THE DISTEICT OF COLUMBIA. 

Hampshire avenue, O street, and Twentieth street. When did you pre- 
pare that map ? — A. That map was prepared in 1870, I think. 

Q, Were you aware at that time that there was a Government reser- 
vation at that point ? — A. I am aware at all times that there are public 
spaces throughout the city. 

Q. What is the exi)lauatiou of the fact that you did not indicate it 
upon the map ? — A. Because the map would not admit of it; the scale 
is too small. 

Q. Was the reservation too small or too large for the map, do I un- 
derstand you I What is the explanation "I — A. Well, I have told you 
once, and I shall not tell you a second time. I told you that the scale 
.of the lot was too small, and if you cannot comprehend, do not ask me 
the second time. 

By Mr. Wilson : 

Q. Well, I will ask you a question, sir. If you were making a com- 
plete map of the city of Washington, and there was a Government res- 
ervation, would you leave that reservation out because the map was too 
small to put it on? — A. It cannot be shown on it; the scale is 500 feet 
to an inch. 

Q. Then that is not a complete map of the city? — A. It is a map 
showing the general squares and the streets. 

Q. It is not a complete map of the city of Washington ; is that the 
way you wish to be understood? — A. I do not say that. The same res- 
ervations 

Q. Very well; I want to know, though, about the accuracy of your 
map. I do not think that it is necessary to get sensitive about it, sir, 
because we are simi^ly trying to get at this thing as it is. In making a 
map of the city, if there was a Government reservation any place in 
the city, in order to make your map complete it would have to show 
it. — A. It shows Government reservations. 

Q. Would it show the Government reservations in the city of Wash- 
ington? — A. It does show it. 

Q. Do you say that there is a Government reservation there ? — A. 1 
say that it is a public space. 

Q. I am not talking about that. Do you know what a Government 
reservation is ? — A. I know what is meant by them. They are all num- 
bered. 

Q. What is meant by them ? — A. I am on reservation No. 1, which 
comprises the ground on which the President's House is located. 

Q. You did not leave that off your map ? — A. I certainly did not : it 
was too large. 

Q. How many Government reservations are there altogether ? — A. I 
presume — I see Xo. 17. 

Q. That is the number, is it not ? — A. I believe so. 

Q. You have got them all on that map, have you not ? — A. I have, 
sir. 

Q. Have you left any Government reservations off" that map ;— A. 
Xot that I know of — that I have known as Government reservations. 

Q. E"oAV, then, what you are calling Government reservations are these 
spaces at the intersection of avenues and streets. Is that it ? — A. That- 
is ])ubUc spaces. 

Q. They are not Government reservations, are they? — A. They are 
public spaces. 

Q. Are they Goveramcit reservations'? — A. They are Government 
spaceij. 



TESTIMONY OF WILLIAM FOESYTII. 1311 

Q. Are they Govenimeut reservations ? — A. They are not reservatious. 
What is meant by reservation is what I have stated to yon. They are 
unmbered, but what is designated and known as public spaces. There is 
one of them that has been made in 1853, and improved, on Pennsylvania 
avenue — that space at I street, and the circle, and other places through- 
out the city. 

Q. 1 understand that. But arc these known as Government reserva- 
tions? — A. If you will permit me to send down to the Commissioner of 
Public Buildings' ofiice, you will iind General Washington's communi- 
cation to the Commissioner in relation to the public spaces, and you can 
then decide for yourselves what was meant by reservation also. 

Q. Very well ; we will try to get at all the facts about this. 

3Ir. Stewart. Maybe he can state the substance of that. — A. Xo. 
I would i)refer that it be sent for and be read for the judge's information. 

Mr. Wilson. Perhaps I am already informed about it ; but I shall 
take occasion to settle that before we get through with this examiua tiou. 
You call these, then, not reservatious, but simply public spaces ? — A. 
Public spaces. 

Q. That is to say, it is the ground that is open where there is an 
intersection of avenues and streets? — A. That is so, sir. 

Q. That is all there is of it f — A. Yes, sir. 

Mr. Christy. Now, Mr. Forsyth, if you call them public spaces, let 
me ask you this : You accompanied jMr. Samo in his various examina- 
tions of this work done by the board of public works, did you not ? — A. 
I did. I have so stated, in all places, and at every point I showed him 
where these public places were. 

Q. Be kind enough to inform us whether it was not you that advised 
Mr. Samo to place this heading to this account to which I have re- 
ferred, on page 153, " Xew Hampshireiiveuue reserve, at the intersection 
of Twentieth and O streets.'' — A. I guess not. I have not dictated to 
him what headings be should make at all. 

Q. You say you did not say to him whether it was a Government 
space or a Government reservation ? — A. It was a Government si)ace. 

Q. You told him it was a Government space and not a reservation ' — 
A. It does not say so. 

The Chair^ian. ^^'hat page are you reading from ! 

Mr. Christy. Page 453. I Iind the Government is charged with 
811,402.50, for what we suppose to be imaginary reservation, omitted 
from the map prepared with great care and intelligence by Mr. Forsyth. 

By Mr. Mattingly : 

Q. Do you claim that the work was not done ? 

Mr. Christy. I will advance to that'in a moment. I desire to ascer- 
tain first whether the witness is laboring under a hallucination or not. 

The Witness. The work is there, and it is a public space. That is all 
I have to say about it. 

Q. The first charge is 2,514 square yards of pavement ? 

The Chairman. That must have contained that number of yards at 
least. 

Mr. Christy. I hope so. And also G72 linear feet of curbing. 

Q. Will you give us the dimensions of that space ? — A. You have 
the facts belbre you. You will have to go upon the ground and look for 
yourself, if you want anything more. 

The Chairman. Answer that (luestion, Mr. Forsyth, if you know. 

The Witness. The measurements attest what is to be found on the 
ground if he goes there. That is all I have to sav. I conld not tell the 



1312 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

size of it. I baveii't tlie book of mea-snremeuts here. I caunot state 
tberSize from memory. 

Mr. Christy. I desire now to call attention to page 437 of the gov- 
ernors answer to the charge of 432 linear feet of sewer. It is under the 
statement " H street north and Nineteenth street west, south of Penn- 
sylvania avenue." Will you state, now, when in fact that sewer was 
constructed '?— A. That sewer was constructed, I think, in 18G8 or 18G9. 

Q. Explain how it enters into this charge. 

Mr. Christy. I desire to show that this sewer was constructed as 
early as 1SG7 or 1SG8. He remembers it as 1SG3 ; that answers our 
puri)ose. I want you to explain why he instructs Mr. Samo to make 
the charge for that against the Government of the United States, it 
having already been paid for by the adjacent property-holders. 

The Witness. If it was paid for by the adjacent property-holders they 
got credit for it. If they faid it once, and it comes into the line of Penn- 
sylvania avenue, and they get credit for it, it is all the better for the 
property-holders, is it not "? 

Mr. Christy. That is not an answer to my question. I desire to 
know why you have instructed Mr. Samo to make that charge against 
the Government of the United States, it already having been paid for! 

The Witness. Was it ever paid for by the United States! 

Mr. Christy. Yes, sir; it was paid for by the United States, as ap- 
pears here. 

The Witness. Was it ever paid for before by the United States ; 
was it not around that Government reservation or public space between 
Eighteenth and Nineteenth streets, on H ? 

Mr. Christy. Will you be kind enough to answer my question, in- 
stead of interrogating me? we will get along more pleasantly if you will. 
I want your explanation of the fact that a sewer was laid so long ago 
as that, and charged for, and paid for, as appears in this voucher, by the 
United States. -• 

A. Well, it has been put dov^n there and it has never been paid for 
by the United States, and consequently the people ouglit to get the 
benefit of it. It is for the drainage of the public property there, and 
they do get the benefit of that in their assessment. 

Q. That is all the explanation you have to give ? — A. That is all, 

Q. I understood you to say, at your examination before, that the rea- 
son that the cross-sectioning was not continued over the streets gene- 
rally, was a want of sufficient force in the engineer's office. — A. That I 
said. was my belief, and I believe so still. 

Q. What was your conneetion with that engineer's office — your posi- 
tion there? — A. I informed you of that the other day. 

Q. Were you paid for your services as an engineer ? — A. I was paid 
for my services, as I stated to you the other day. Yes, it was assumed 
to be so. 

Mr. Christy. Now, I desire to show the bias of this witness by re- 
quiring him to state the entire income he has received, since the forma- 
tion of the District government, from all sources, as engineer or sur- 
veyor, lie was of an amphibious nature, having the two offices. 

Mr. Jewett. I understood the witness to say that cross-sections were 
embarrassing. 

The Witness. No, I did not say so. I agree with you, Mr. Jewett, 
about the cross-sections. 

Mr. Jewett. P>ut before that you said it was embarrassing. 

The Witness. In some cases, probably. 1 know in some cases they are 
very embarrassing. 



TESTIMONY OF WILLIAM FORSYTH. 1313, 

Mr. Wilson. The absence of tlieui is sometimes very embarrassing ! 
The Witness. That is so. It has been to me in one or two cases. 

By Mr. Christy : 

Q. I want to know what your income has been from all sources, as 
surveyor and engineer, since your connection with the District govern- 
ment. — A. I get $2,000 a year as surve^'or and $3,600 for doing work 
for the board of public works, Tliat is, working in the day and attend- 
ing to all their business, giviug them copies of all papers that they re- 
quire from my office. 

Q. Do not you do, also, considerable work for citizens for which you 
are paid ? — A. Certainly I do. and I will do work for you, if you want 
it done. 

Q. That is not an answer. — A. I do, I do. 

Q. State your income from all sources. — A. I cannot tell you that. 
That is my own business, not yours. 

By the Chairman : 

The witness lias stated that there was a want of engineer force, and 
I suppose you want to show that a part of his time was occupied in 
private work. 

The AViTNESS. My duty as surveyor is one thing, and my other duty 
in connection with the board I do at night. I do a great deal of com- 
putation at night. My otUce is an office of fees, so that what they pa}'' 
me would be an equivalent to what 1 would make. 

Mr. Thurman. The question is, without going into the dollars, what 
l>ioj)ortion of your time was employed for private individuals 1 — A. I 
could not well define that. 

Q. Can you form any idea ; — A. I work sometimes from six o'clock 
in the morning until ten and twelve o'clock at night, and Sundays, too, 
sometimes. 

Mr. Jewett. That is not the question. The question is, what pro- 
liortion of your time is devoted to your private engagements ! — A. My 
proper hours, according to the laws of the office, are between 9 and 3, 
and during the balance of the time, I can do as E please, for any other 
person outside of my regular office-hours. 

By Mr. Thurivian : 

Q. Was that so during the time that these improvements were going 
on here ? — A. A^es, sir. 

Q. Your compensation as surveyor was $2,000 ? — A. Yes, sir. 

Q. And you were assistant engineer of the board of public works, at 
a salary of §3, GOO, Were your office-hours in both of those offices from 
0to3! — A. I stated before to yon, in connection with this, that my 
office is an office of fees, and then I did work in the morning and up to 
12 and 1 o'clock at night, preparing ])apers, calculations, &c. 

Q. Let me understand, isn't this $2,000 tliey pay you for your services 
as surveyor of the District a salary! — A. Yes, sir. 

Q, And the $3,G00, is not that a salary ? — A. That is given to me for 
my services for doing work for the board. You may term it a salary. 

Q- Then there are two salaries, and you say the olUce-hours in which 
you earned these salaries are Irom to 3, — A. I said that my office 
hours as surveyor properly under the law is between 9 and 3, but that 
I am accustomed to working from and 5 sometimes in the morniHg 
until 12 and 1 o'clock at night. 

Q. 1 understand that those are your proper office-hours. Who estab- 
lished them, you or the law ? — A. The law fixes them — from 9 to 3. 
83 D c T 



1314 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. How does it fix tlie office-hours — tLe liours to wliicli your office 
shall be kept opeu, or the number of hours you shall work ? — A. That 
the office shall opeu at 9 and close at 3? 

Q. That don't undertake, then, to make a G-liour man of you instead 
of an 8 or 10-hour °? — A. I am all hours, as the government may require. 

Q. Was it the understanding between you and the District govern- 
ment that you were only to work for the government six hours — from 9 
to o — and that the rest of the time belonged to yourself? — A. As I said 
to you before, m}- office is an office of fees. 

Q. It appears to have been an office of salary. — A. Yes, sir. 

Q. Now, let us see about fees. Did you get fees from the government, 
too, as well as salary'^ — A. No, sir. 

Q. So far as the government is concerned, it was an office of salary*? — 
A. Yes, sir. 

Q. So far as individuals were concerned, it was an office of fees'? — A. 
Yes, sir. 

Q. Tell us what projiortion the fees bear to the salary ; then we have 
got to form some idea of liow much of your time is employed in earn- 
ing fees — what proportion of your compensation was annual compensa- 
tion and what fees ? — A. I don't comprehend what you are driving at. 

Q. About how much did you anuuall}" make from fees? — A. Probably 
$1,800 to $2,000. 

Q. Now, while you were engaged in making this eighteen hundred or 
two thousand dollars a year by earning fees from private engagements, 
don't you think you could have cross-sectioned a good many of the 
streets in that time ? — A. I have done my duty for what I got. 

Q. That is no answer to my question ; don't you think you could have 
cross-sectioned a large number of streets in the tiaie you were doing this 
private work 1 — A. At my regular hours, as I stated before — business 
for my otfice is between nine and three — that was the time I was to do 
my regular office-duties, and if I did not choose to employ myself to the 
board of public works, why I need not have done so. They could not 
have compelled me to. 

Q. Do I understand you to say that it was the understanding that for 
this $5,000 a year that you were to give but six hours a day of your 
time? — A. No, sir; I did not say that. 

Q. How much of your time? — A. I have given them from twelve to 
fourteen hours a day of my time. 

Q. The question I want to come back to is, and you might as well an- 
swer it first as last, if you had employed the time that you were engaged in 
doing work for individuals in cross sectioning these streets, whether you 
could not have cross sectioned a large number of them ? — A. Of course, 
if I had no other business to do. 

Q. Let the fees alone and cross-sectioned the streets? — A. Certainly, 
it is so. I don't know that I could, either, because 1 would do as much 
work between 3 o'clock and 7 o'clock as jirobably one or two would do 
in double the hours between 9 and 3, for the board. 

By Mr. Wilson : 

Q. How many assistants have you had? — A. Two; one in the country 
and one for Georgetown. 

Q. What salaries did they get? — A. They got a salary and whatever 
they could make in fees. 

Q. What were their salaries? — A. One gets a thousand dollars a 
year and what he makes, and the other fifteen hundred dollars a year. 

Q. Does he get fees, too ?-^A. No, sir. 



TESTIMONY OF WILLIAM FORSYTH. 1315 

Q. Where is lie located ? — A. In Georgetown. 

Q. AVliat is liis name ? — A. Wilson. 

Mr. Wilson. It is a pretty good name. 

Witness. Lt is a very good name. 

Q. Now, liow many of your family are employed in tbe board of pub- 
lic works ? — A. That you must examine them about. 

Q. I think you can save all that trouble. — A. That is none of my 
business, what they do for the board. They are employed there as any 
other persons are, and if they don't earn their living there, they will 
earn it somewhere else. If their services are not required, why let the 
board dismiss them, and they will find other employment. You must 
ask them on that point. 

Q. Is there one of your sons employed there at $2,000 a year ? — A. 
You can send for him and ask him the question. 

Q. I ask you the ({uestion. — A. Yes, sir ; there is. 

Q. Is there another one, at $1,500 a vear '.' — A. Yes, sir. 

Q. Another, at $1,200'?— A. Yes, sir."' 

Q. Any more of your family employed by the board of public works! — 
A. No, sir. 

Q. Have you a son-in-law engaged there ? — A. So they say. 

Q. What do youjcnow about it ? — A. I believe so. 

Q. Do you know what his salary is ! — A. I think he gets $1,800 a 
year there. 

Q. Some one will please hand Mr. Forsyth tbe report of 1872. [The 
report being handed witness.] Tarn to table 20 ; did you make out that 
table ! — A. The expenditures were made out in the auditor's office. The 
latter part has been made out in my office. 

Q. Who did the engineering upon which this table is made out? — A. 
I cannot tell you that. 

Q. East Capitol, from First to Eleventh street east ? — A. I cannot 
tell you; I believe Mr. Phillips was the chief engineer; he had some 
of his assistants there. 

Q. Did you know whether you made that out or not ! — A. I didn't; 
I suppose there was a part of it made up in my office ; that is the side- 
walks; probably the sewers, and also the brick pavement. 

Q. Who measured the curbing? — A. I measured the sidewalks upon 
this, or rather my assistant did, ami also the sewers, I think. 

Q. Did you measure the curb ? — A. Yes, sir. 

Q. How much curbing is charged up on that street, from First to 
Eleventh ? — A. Please get the vouchers. 

Q. There it is, right before you. — A. Xo, sir; I don't go by this. Get 
the vouchers that were sent to me. 

Q. Can you explain it from the face of this paper? — A. They have 
charged here for taking up and resetting curb. That is the cause of 
this being brought up to 29,000 feet. 

Q. Can you explain it from the face of the paper ? — A. Xo, sir, 1 can- 
not. 

Q. Then, if you cannot explain it from the face of the paper, how do 
you expect any one else to do so ? — A. I didn't make out the statement. 

Q. 1 did not either, but I find it there. — A. This shows the aggregate 
of all curbing that was set and taken up and reset in consequence of 
the changes there. They were going to have the street parked in the 
center, and then the people demurred against it, and wanted to have a 
railroad track laid there, and then the curbing had to betaken up and 
changed to some other place. 

Q. I will ask yon a question or two about this, as long as you say you 



1316 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

cannot answer it from the face of the paper. Just take that report. 
Now, look and see if you find 4,642 linear feet of curbing charged at one 
dollar and forty-two cents"? — A. Yes, sir. 

Q. Tbat is not simply setting — that is the curb and the setting, is it 
not "? — A. Yes, sir. 

Q. Run down the column, and see if you find 0,015 feet charged at 
one doHar and forty-two. — A. I see that also. 

Q. That makes 13,657 feet?— A. Yes, sir. 

Q. Now, I ask you the question, you will find tlie total numl)er of 
front feet for 6,291 in the left-hand lower corner? 

The Witness. Where is the statement of this street ? 

Mr. Wilson. Kever mind about that. 

The Witness. There is no use going on until I have the papers here. 

Q. I will give you the amplest opportunity to explain. 

Witness. There is no use iu going over this except you get the ex- 
planations as you go along. 

Q. I will give 3'ou the amplest opportunity to explain it. 6,291 feet. 
That is front feet on both sides of the street? — A. I cannot tell you 
that except I look at my papers. 

Q. You have it before you there ? — A. Yes, sir ; that is both sides of 
the street. 

Q. Can you put 13,657 feet in curbing iu that space? — A. Not well. 

Q. You cannot do it, can you? — A. No, sir. 

Q. You will not com[)laiu, then, of the people not understanding 
what these things are? — A. I did not make out this statement. This 
is a statement made out by the auditor. There have been several 
changes iu the curb. There was old curb there that was taken up. 
Then, there were several changes there from parking iu the center and 
curbing on the street and extending sidewalks which make up the 
29,000. 

Mr. Wilson. That is the way I presume this got in there. 

Q. Now, I want to know if you know what became of that curb that 
was set in the center and afterward removed? — A. I know nothing 
about it. 

Q. Were you upon the street while this work was going on? — A No, 
sir. 

Q. Who was there superintending it? — A. I cannot tell you. 

Q. Now, look at that again. You find 2,618 feet 6 inches at 30 cents. 
That was for setting. That is new curb. Then there 482 of old. That 
is setting, also, isn't it? — A. Yes, sir. 

Mr. Wilson. But you see that will not do, because this 13,657 feet 
of curb is all new curb — not old curb. Now, I cau understand how 
you might charge them with the cost of setting and resetting and taking 
up and putting down again a half dozen different times, but I cannot 
understand how you got more than 4,000 feet of new curbing there for 
which you have charged the property-holders. 

The Witness. Mr. Winters, where is our statement from the audi- 
tor? 

Mr. Winters. I had it just now. It is the same thing. 

Mr. Wilson. AYe have looked at that. It is the same thing. 

The Witness. You have just exactly what I have. Nine thousand 
and fifteen is what the actual measure is. 

Q. That is what they ought to be charged with ? — A. Yes, sir ; that 
is there now. 

Q. Youhad charged them with thatmuch,but they are charged because 
the assessment-sheet shows it; all the papers show it with more than 



TESTIMONY OF WILLIAM FORSYTH. 1317 

13,000 feet ; bow do you account for tbat ? — A. There is no way I can 
account for it, except tbat tbe curb was lianled tbere, and when tbey 
were going to ])ark tbe street in tbe center, and afterward it was con- 
cbuled not to do so, I i)resniue tlie curbing was bauled away again. 

Q. A\'by didn't yon give tbe property-holders credit for it — why charge 
it up to the street ? — A. These returns, as I have stated to yon, have 
been forwarded to me. I did not make out this statement sent to me. 
It was made out in the auditor's oflice and sent to me. It is not my 
measurement. You have my statement tbere. 

Q. Tbat is not satisfaction to tlie property-holders, liowever ; they 
have to pay the money. 

Mr. Mattingly. I understand from Mr. Winters, Mr. Wilson, that 
there has been an error tbere, and I would like for bim to explain it at 
this time. 

]\Ir. W^iLSON. Perhaps it would be better to wait until I get through 
with tbe witness. 

The hour of five o'clock having arrived, tbe committee at this point 
adjourned until to-morrow at 2 o'clock p. m. 



Tuesday, April 21, 1874. 

Tbe committee met pursuant to adjournment. 

The journal of yesterday's proceedings was read and approved. 

William Forsyth, recalled. 
By ]\Ir. Merrick : 

(Question. Had you tbe making out of tbe special assessments of this 
city? — Answer. Yes, sir. 

Q. Did you make them all ? — A. Tbey were all made under my direc- 
tion. 

Q. Do these tables in tbe report of tbe board of public works, of 1872 
and 1873, contain the entire assessments made by j'ou up to that time ? — 
A. I presume tbey do. 

Q. Referring- to page 87 of the report of tbe board of public works 
of 1873, those special assessments, as I understand, were made by you, 
or under your charge ? — A. Yes, sir. 

Q. Have you made any other special assessments since tbat time — 
since the time mentioned in the report of 1873 ? — A. I made all tbat are 
made. 

Q. Are you the superintendent of assessments now ' — A. I am not. 
Mr. Bell is tbe superintendent. 

Q. You were the actual assesspr, then ? — A. I made the assessments. 

Q. You made the assessments to him assuperinteudent ? — A, I niiule 
Them all by authority of the board. 

(}. Who was the superintendent of assessment throughout all this 
time — you or he ? — A. Mr. Bell was the superintendent of assessments. 

Q. And was he during 1872-73? — A. Yes, sir. 

Q. In what character did you make tbe assessments which you did 
make — as assistant engineer, or in what character? — A. In tbe capacity 
of assistant engineer. 

Q. Will you state to me, then, whether at page Km of tbe governor's 
answer that represents all tbe special assessments upon pri\ate pro])- 
erty that bad been made up to this time ? — A. I i)resMme so. 

Q. You made them all and reported them to bim .' — A. lieportcd them 
to the boanl. 



i.318 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. To the board of public works ? — A. Yes, sir. 

Q. He only could get tbem through your report aud through your 
statement ? — A. Yes, sir. 

Q. There was no other means of getting at tlie special assessments 
upon private i)roperty except through your reports ? — A. No, sir ; that 
is coirect. 

Q. In what manner did you make those special assessments — bow did 
you arrive at the special assessment to be made ? Give me your mode 
of making them. — A. The auditor of the board of public works furnishes 
a general statement of the whole expenditures upon the streets. 

Q. And upon that whole expenditure you made the calculation and 
the valuation of the several properties along the street! — A. I made 
the rate in accordance with that statement and iu accordance with the' 
number of front feet taxable along the line of the improvement. 

Q. Then up to this time the aggregate of all the special assessments 
is $2,515,810.17 ? — A. That is according to that statement. 

Q. Well, that statement is up to the 21st of February, 1874. Then 
the sewerage assessment in addition to that constitutes all the assess- 
ments and charges against private property. Am I right in that "i — A. 
Y^es, sir. 

Q. Then for the correctness of the basis of assessment you are not re- 
sponsible, as I understand ? It is only the auditor who is responsible ! — 
A. The auditor furnishes the statement upon which I predicate the rate 
per foot. 

Q. Then, for example, this assessment Upon the Columbia turnpike, 
which is numbered 40 at pages 84 aud 85, the assessment is there made 
upon a total cost of the work of $52,824.68. That ascertainment was not 
made by you, but made by him ? — A. By him, sir. 

Q. If it is incorrect, therefore, the incorrectness arises out of his error, 
and not from yours '? — A. That is correct. 

Q. What was the mode in which you made your measurements or es- 
timates of the amount of excavations done upon the several streets and 
avenues which you measured ? In the first place, if I understand you, 
you did measure and estimate the amount of work done on divers streets 
aud avenues in the city. — A. I have. Not all of them. 

Q. You did on a good many. Now, I ask' you how many you did esti- 
mate? — A. That I cannot tell you. 

Q. Did you estimate for as many as 150? — A. No, sir. 

Q. Did you receive any specitic compensation in the particular cases 
for making the measurements and estimates of work done on the con- 
tracts from the board of public works or from any other party ? — A. 
From the board I have, but from no other person. 

Q. What was the compensation which was paid to you by the board 
of public works in each case ? Is there a fixed rate ? — A. No. They 
paid me $3,600 a year, as was stated here yesterday. 

Q. You were paid only in your character of engineer. You got no 
separate compensation, as I understand, for making the measurements 
of the work upon the respective streets? — A. None, whatever. 

Q. How did you make your measurements of grading upon the sev- 
eral streets? — A. By measurements along on the line ; on the ground. 

Q. Did you make actual measurements in all cases? — A. In all cases. 

Q. Suppose the street had a less amount of grading in depth ; for ex- 
ample, take a particular square. It has, I will say for illustration, 3,000 
superficial yards of paving in that street. Where the grading was over 
three feet, how did you calculate it ? — A. It is all calculated from what 
was. 



TESTIMONY OF WILLIAM FORSYTH. 1319 

Q. Upon amount done? — A. The amount done. 

Q. Suppose tlie amount of grading upon the street was less than three 
ieet 'i — A. It was comi)utod at what it was. 

Q. Did you get a cubic yard for every superficial yard done upon that 
street, without respect to the depth? — A. Xo, sir; it was all in accord- 
ance with whatever the de[)ths were. 

Q. Suppose it shaded down from three feet at one end of the square 
to two feet at the other end of the square ? — A. Then that would make 
an average of a foot and a half. 

Q. You make an average between the three and the two ? — A. That 
is what I should do. 

Q. I ask you how you did it ? — A. That would be what I sliould do. 

Q. But what did you do ? — A. 1 presume that is what I did do. 

Q. You made no general estimate, then, or average of it as a cubic 
yard for each superficial yard ? — A. Not that I am aware of in any case. 

Q. How was it on Sixth street south ? — A. I did not measure it. 

Q. You did not measure Sixth street south? — A. No, sir. 

Q. Who did measure that? — A. That was measured by Mr. Oertley. 

{). In the excavation for sewers, did you make auy measurement of 
the excavations there ? — A. '\Vherever 1 measured sewers, they were 
measured in accordance with the depth. 

Q. You measure the depth in each instance ! — A. In each instance, 
at each man-hole. 

Q. You nuide no average at all, but took the actual measurement 
throughout the line according to the profile, and made the 'proper calcu- 
lation according to that ? — A. The average was taken by the depths at 
the different man-holes. That is to say, that if you had thirty man- 
holes, and they averaged from ten to twelve and nine feet, you made 
an average of the depth. 

Q. From man-hole to man-hole, without respect to the surface of the 
street ? — A. Yes, sir. 

Q. So, in the measurement of the excavation on the street for road- 
ways, you measured it, you say, in all cases accordiug to the profile of 
the street ? — A. According to the grounds surrounding and along the 
line. 

Q. Suppose there was no profile measurement of the streets ; how 
then did you do ? — A. Took it from the cuts or fills, as the case might 
be, along the line. 

Q. Sui)pose there were no profiles or cross-sections, as I understand 
was the case in many instances ; how then did you do it? — A. Took it 
from the banks where they show along the line of the street. 

Q. Whenever you saw a mark along the street, then you made your 
measurement, and made the best approximate you could, as I under- 
stand? — A. I did the best that could be done. 

By Mr. Jewett : 

Q. Go along here where there was a cut and an undulating surface ; 
how would you find it ? — A. At different points along the line of streets 
indications would be marked along the line of the buildings and along 
the banks of the street, so that you could pretty nearly determine, if 
not fully so, the exact amount of excavation done. 

Q. That is the general idea. Now, give me the details of it ; how 
you did it. Sui)pose you were going now to do the work ; tell how you 
would do it; what you would do. llere- you come along, and here is 
the bank. For instance, what would you do; having a cut on one side ? — 
A. I would measure along the side of the street, at e<iual distant 



1320 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

stations ; take the lieigbt and depth of cutting or filling as the case 
might be. 

Q. How did yon take these stations'? — A, By measurements with my 
leveling rod and tape line. 

Q. State how you did it. — A. That is the ouly way it can be done, as 
I stated ; by those measurements. 

Q. You would put down your rod here ? [indicating.] — A. Yes, sir. 

Q. Ascertain the height of that embankment! [indicating.] — A. Yes, 
sir; and go along another hundred feet and take the height again, 
and so on. 

Q. Sui)pose between that hundred feet there was a half a dozen undu- 
lations, wbat would you do? — A. Take the average as they come along. 

Q. Take hundred-feet stations and you would put down your staff? — 
A. Yes, sir; and take tbe height there and go on to the next, and 
measure so down'the whole of the line. 

Q. And you would go through ? — A. Yes, sir. 

Q. Then what would you do on the other side of the cut ? — A. I would 
do the same on the other side. 

Q. Suppose the cut was five feet higher on one side than on the 
other? — A. That is if it was five feet high on the north and only two 
feet on the south, the average between five and two would be three and 
a half. 

Q. Suppose that would be the case at this point, and then 10 feet 
distant, the difference would be much greater ? — A. It would be just 
in the same relation that tbe five to two would be, and the ten and two 
in another place. 

Q. How near did you make these stations ? — A. O, about every 100 
feet. 

Q. Have you on paper anywhere now, a calculation of that kind 
made by you — can you produce one? — A. I think so. 

Q. I wish you would do so ? — A. I will do so. 

By Mr. Merrick : 

Q. In these measurements, which were made of the property charge- 
able to the United States, they were made by an engineer of the 
United States in conjunction with an engineer of the board of public 
works? — A. Yes, sir. 

Q. Were you an engineer of the board of public works in those cases? 
— A. Well, I so stated yesterday. 

Q. Did you make all these estimates, in conjunction with Mr. Samo, of 
the amount of work'which is charged to the United States ? — A. Yes, 
sir ; I have. 

Q. Did you and he go upon the line of the works and make estimates 
in all instances ? — A. I have been along with him from first to last. 

Q. Did you and he inspect together every part of it and make meas- 
urements from which your calculations were afterward deduced ? — A. 
We have, sir. 

Q. Did or not, you and he in many instances take your measurements 
from data which vou had in the office, without going upon the street at 
all ?— A. I think not. 

Q. How did you and he get at the rate of charge which was to be 
made against the United States for this work which was measured and 
charged against the United States ? — A. I think there was a statement 
made by Mr. Oertly, and he will be better able to explain that. He was 
the party who prepared these papers that were submitted to the board. 



TESTIMONY OF WILLIAM FORSYTH. 1321 

Q. Which papers ? — A. In respect to the charge of sewerage, do you 
mean ? 

Q. Tlie charge in rehUion to the sewerage and the streets, and all of 
them. Did not you and ^h\ Sanu) together :'— just now you told nie 
that you aiul he together made all these estimates. — A. Well, the prices 
were the prices paid by the board; that is, the wooden pavement and 
the carriage-ways. 

Q. You took the prices paid by the board .'—A. Yes, sir. 

Q. You took the prices paid by the board for sewerage also ? — A. Xo, 
sir ; the prices paid for the sewerage were dilferent. They were based 
upon — there were no traps or any man-holes — lateral branches. 

Q. No traps counted in against the United States? — x\. No, sir. 

Q. If there were no traps or man-holes counted in against the United 

States ? — A. But there was a general average or allowance made; 

there was a rate lixed at which the United States were charged through- 
out the whole work. 

Q. "Was that an arbitrary rate iixed at which the United States would 
be charged 1' — A. No, sir ; it was based upon a computation prepared 
by Mr. Oertly in relation to the sewerage. 

Q. You did not make the computation at all ? — A. No, sir. 

Q. How did it happen that Mr. Oertly was the engineer to confer 
^vith and make the computation of sewerage throughout all this Govern- 
ment work, while, you made all the computations and charges, and meas- 
urements in conjnnctiou with Mr. Samo, for all the rest of the work ? — 
A. He was more familiar with the cost of and prices of work in relation 
to sewerage, and otherwise connected with the board than I was. 

Q. With regard to the pavement, did you inspect the contract along 
with Mr. Samo to ascertain the price at which the United States should 
be charged for paving? — A. I did not. 

Q. IIow was that arrived at? Who furnished it ? — A. I presume he 
got it from ]\[r. Oertly. 

Q. Theu what did you do along with Mr. Samo ? — A. I pointed out 
to him the property that belonged to the United States. 

Q. That is all ?— A. That is all. 

Q. You had nothing to do with the fixing and the arrangement ot 
the price at all? — A. Nothing whatever. 

Q. Did not assist him in going over the calcnlatiou in regard to the 
price ? — A. No, sir. 

Q. Nothing but the measurement f — A. Nothingbut the measurement. 

Q. Then, after you and he had made the measurements, he and Mr. 
Oertley went over the rate of prices and assigned the prices to the meas- 
urements which you and Mr. Samo had formerly ascertained. Am I 
right in that? — A. No, sir; only in relation to sewers. 

Q. Only in relation to sewers ? — A. That is all the places where he had 
to establish the price. 

(^>. For the sewerage ? — A. Yes, sir ; the others were known to be the 
general prices paid. 

Q. AVho assisted INIr. Samo in the ascertainment of the prices for the 
paving and the curbing, and that sort of thing? — A. Mr. Oertly knew 
all the prices that the board paid for this work. 

Q. But you just now told me that 'Mr. Oertly assisted him only with 
regard to the sewerage, — A. He knew all the prices of the board for 
every kin<l of work ; and I did not. 

Q. Who did ?— A. Mr. Oertly. 

Q. Did Mr. Oertly come and furnish them to you and ]\rr. Samo ? — A. 
Yes, sir. He was to furnish them to .Air. S;imo. I could nut furnish 



1322 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

them, for I did uot know what the prices were of the dififereut classes of 
goods. 

Q. Then Mr. Oertly is the party who is responsible for the furnishing 
of the prices which Mr. Samo had placed iu his estimates as against the 
General Government? — A. Yes, sir. 

Q. Both for sewerage, for paving, for curbing, and for all the matters 
of charge — you had nothing to do with any of them? — A. Nothing. 

Q. And you did not go over the calculation at all with them ? — A. I 
was by when they were all made. I may have made — I may have as 
sisted in making them, but as a general thing they were made by Mr. 
Samo himself. 

Q. Do yon know how they got at the prices for sewerage ? — A. I do 
not. 

Q. Do you know the elements out of which they made that estimate ? 
— A. I do not. 

Mr. Merrick. I understand this witness now to testify that while he 
made all the ascertainments of qnantity in connection with Mr. Samo, 
that the ascertainments of value were made by Mr. Oertly, the other 
engineer, and that he had nothing whatsoever to do with the ascertain- 
ments of value at all of the matters which were to be charged to the 
United States. [To the witness.] Do I nnderstand you aright f 

The Witness. That is so. 

By the Chairman : 
Q. Was Mr. Oertl}' with you when you made these examinations? — 
A. Yes, sir. 

Q. l^on and Mr. Oertly and Mr. Samo ?— A. That is so. 

By Mr. Merrick: 

Q. You three made the measurements in conjunction ? — A. I stated 
to Mr. Samo the Government property to be measured, and 1 saw that 
it was measured, and that is my biusiness. 

Q. You simply pointed out the property to him ? — A. Yes, sir. 

Q. Did you describe the character of the property — the character ot 
the improvements ? — A. They were there for him to see. 

Q. How was it with reference to Rawlins Square ; who pointed out 
to him the character of that improvement — the carriage-way — and what 
sort of pavement it was made of? — A. I did. 

Q. You pointed it out to him ? — A. Yes. 

Q. Did you take the pains to examine and ascertain what sort of pave- 
ment it was ? — A. I did. 

Q. Before you pointed it out to him ? — A. I did. 

Q. How did it happen, if you pointed it out to him and took the pains 
to examine, that you made such a sad mistake between cobblestone and 
wood pavement at Eawlins Square ? — A. The ground was covered with 
snow at the time that was measured. 

Q. And therefore you did not examine it? — A. We found that there 
was concrete laid upon E street, and the contract 1 knew was to be for 
concrete all around ; but it turned out afterward that it was not so. 
When I discovered it I notified Mr. Samo of the fact, and had him to 
correct it. 

Q. AVhen did you discover it? — A. I think it was in November last. 

Q. Had your attention been called, at the time you discovered it, to 
newspaper publications, made iu all the newspapers that were published 
here in this town, about the 15th of October, criticising that? — A. Well, 
now, it may have been some time about November or October. I could 
tell by referring to the communication I have written ; and you could 



TESTIMONY OF WILLIAM FORSYTH. 1323 

find tlie date I wrote to ^Mr. Saiiio. That did not ^lovern nie. I discov- 
ered it in niakino- tbe assessment of Nineteenth street. 

Q. You did not discover it, then, until after it had been discovered by 
many other persons and made a matter of public notoriety? — A. No, 
sir ; I did not state that. 

i). Do you not know, as a matter of fact, that it had been discovered 
and commented u]»on in all the public prints ? — A. I do not. sir. 

Q. You do not read the newspapers 1 — A. I do ; and I read the paper 
that that is .generally published in, and I have never seen it, and I sub- 
scribe for it, too ; I read it every nijiht. I do emphatically say I 
did not know, and I do not know it, and if 1 did it should not have been 
done. If 1 found an error in any place I should notify them as quickly 
as I did that. It is nothing- to me either one way or the other. I went 
there to ])oint out the Government property. I have done so; what I be- 
lieved and do believe ought to be charged. If I have erred it is not a 
matter that was willfully done. It is what I believe to be there. 

Q, Did you point out Judiciary Square on the west side to Mr. Sey- 
mour? — A. No, sir; there were no measurements made on the west side 
of Judiciary Scjuare at all by me. 

Q. None reported and charged against the Government on Judiciary 
Square ? — A. No, sir. 

By the Chairman : 

Q. What is the method adopted by you to ascertain these Government 
measurements ? — A. They show for themselves upon the ground. 

Q. But how do you and ?tlr. Seymour, for example, get together ? — 
A. Mr. Seymour and I go out and I show him all these Intersections of 
streets — these different angles. 

Q. Does Mr. Oertl^' always go with you ? — A. All the time, as a gen- 
eral thing. He has not been for the last two or three times, I think. 

Q. I mean in making these Government measurements ? — A. Yes, sir. 

Q. You go out and Mr. Seymour and Mr. Oertly ? — A. Yes, sir. 

Q. Nobody else? — A. No person else except the assistants api)ointed 
10 measure it. 

Q. How many assistants ? — A. Three or four. 

Q. Are those your assistants? — A. Yes, sir. 

Q. Assistants from your oilice ? — A. Yes, sir. 

Q. Then on all occasions you make actual measurements ? — A. Yes, 
:>ir. 

Q. By the aid of these assistants ? — A. Yes, sir. 

Q. Do you measure the flagging, curbing, the paving, and the grad- 
iug ? — A. Everything that is on the ground at the time. 

Q. I understood you to say that you knew nothing about prices? — A. 
I do not. 

Q. When you go upon the ground to make these measurements, then, 
nothing is said about ])rices'? — A. No, sir; nothing at all. 

Q. Does ^Ir. Samo ask you how much this ought to cost, or how nuich 
it is worth ? — A. No, sir. 

Q. Does he say anything to Mr. Oertly on these occasions? — A. 
Nothing, except making the bills out, and then Mr. Oertly gives him 
the pr()i)er prices, and passes the work. 

Q. Are these prices arranged by contract to private individuals? — A. 
I ]uesume so. 

Q. Is that the way ])rices are ascertained — i)rices paid by the ])oard 
to contractors? — A. He knows all the i)rices that should be paid, both 
to the contractors and the United States. He knows all about them ; I 
do not. 



1324 AFFAIRS IN THE DISTRICT OF COLUMBIA 

Q. How does he know more than you do ? — A, Because he has that 
special branch of the enghieer's department under his control. 

Q. The matter of prices ? — A. The matter of prices, contracts, and 
all about it. 

Q. You have nothing to do with it '? — A. Nothing whatever. 

Q. You make the assessments ! — A. 1 make those. 

Q. How do you make those i — A. From data furnished by the au Ji- 
tor of the board of public works. 

Q. How does the auditor get these data? — A. From the returns made 
to him by the engineer department of the cost of the work. 

Q. What engineers ? — A. The engineer of the board of public works. 

Q. Mr. Class ?— A. Yes, sir. 

Q. Not from your office ? — A. Not from mine. 

By Mr. Hubbell : 

Q. How did you determine with Mr. Samo the amount of excavation 
in any one place? For instance, take any'of these squares. — A. By the 
appearance of the ground, the surrounding ground ; take P-street 
circle, that has been determined by the banks that now exist there. 

Q. Did you measure there — the P-street circle — with ,]Mr. Samo ? — A. 
I did, sir. 

Q. To determine the amount of excavation ? — A, To determine that 
from the best evidence we could find on the ground there. 

Q. And by actual measurement there ? — A. Yes, sir; of the banks. 

Q. Were there any levels taken there before you commenced the 
work? — A. Not that I am aware of. 

Q. You merely estimated from the general contour of the country 
there ? — A. That is so. 

Q. When did you next work on New Hampshire avenue I — A. I can- 
not tell you. 

Q. Did you measure that work ? — A. I measured some part of it. 

Q. Did you giv^e a certificate of the amount of grading that had been 
done upon that avenue "? — A. I did not. 

Q. Did you make any return of the amount of work done ? — A. What- 
ever measurements he returned are to be fouud in the office of the board 
of public works. 

Q. There is a charge here of 148,888 cubic yards-of grading ; did you 
furnish these figures ? — A. I presume that they have been partly fur- 
nished from measurements of the ground and partly from the graduation- 
book in my office. 

Q. How did you make that out? — A. Well, the measurements indi- 
cated by the different cuts and fills along the lines can be measured, 
and there was part of that which was cut down between I and G streets, 
which had to be determined from the original levels in my office. 

Q. Are you speaking now at random, or do you know that is the 
way ? — A. I know that is the way. 

Q. Now, do not you know there is in existence a perfect survey of 
that areuue, with cross-sections and everything necessary to asceitain 
the exact quantities ? — A. I do not know. 

Q. Have you the means of knowing? — A. I have not. 

Q. If such cross-sections exist, they were not furnished you ? — A. 
They were* not. 

Q. You did claim to make your calculations from these sections ? — A. 
No, sir; I did not. 

Q. The amount charged here is the amount you returned, I under- 



TESTIMONY OF WILLIAM FORSYTH, 1325 

stand ? — A. That was the amount rctiiiued by the measurements made 
by Mr. Samo, Mr. Oertly, and myself, • 

Q. Then if there were cross-sections from whicli the exact quantities 
couUl be ascertained you did not use them in malving- that return for 
the work done by the contractor? — A. I never knew there was a 
cross-section ahjn^' the whole line. 

Q. Did you ever use them anywhere? — A. I presume not. In a 
peat many instances I got the (luantity from Mr. Barne}' ; that was, the 
excavation to be done. If 1 would measure the sidewalks and other 
works I would get him to give me the amount whenever he bad made 
excavations. That was his particular duty to do so whenever they 
were determined. 

Q. iSow suppose it should turn out that in one of your measurements 
you had made a mistake, say in quantities, say of 200,000 or 300,000 
yards, that you should make a mistake of a 100,000 — one-third or one- 
half, would you think that woidd be a reasonable result from your mode 
of ascertaining the quantities f — A. I would not. 

Q. If such should turn out to be the result, would you not suppose it 
was designed f — A. 1 would not. 

Q. IIow would you account for it ''. — A. I would suppose it to be an 
etror. 

Q. Suppose you should discover a good many of these errors ; how 
would you account for it ? — A. That they were errors, that is all. 

Q. Supi)ose these errors should never chance to be against the con- 
tractor- how would you account for that? — A. That there was an error. 

Q. Then, if it was always against the District, would you suppose 
still it was an error ? — A. Yes, sir. 

Q. It would be a singular coincidence, would it not"? — A. It would 
look so, but, nevertheless, it might be so. I would like to know where 
any such cases have arisen? 

Mr. Jewett. I think you will fiiul some. 

The Witness. I should like if you will point them out to me. 

By Mr. Wilson : 

Q. Have you measured the work that was done by the old corpora- 
tion prior to the board of public works coming in ? — A. Yes, sir. 

Q. Have you original notes of those measurements '! — A. I have not. 

Q. When did you make those measurements? — A. They were made 
at the time, before this report was made. 

Q. Uow long before '? — A. Some time before the report was made. I 
could not say how long before. 

Q. Was it six years, six months, or six days ? — A. I cannot say. It 
may have been six days or six weeks. 

Q. Y'oii have an impression, I presume ? — A. I have not. 

Q. You have no imi)ression as to the time when that measurement 
was made ? — A. Not exactly. 

Q. Will you give me some sort of idea '? — A. I said to you that it 
might be six weeks or six days. It may be one or the other of two 
months. It was prior to the puljlication of the book. 

Q. Which book? The book in which they are i)ut if they are pub- 
lished ?— A. The report of 1873. I think Mr.'Uertly has the whole factSt. 

Q. ]J)id you aid in making those measurements ?— A. I dfd. 

(,>. Cannot you tell us about what time you did it"? — A. I cannot now. 

Q. Cannot you give any where near it '? — A. I am testifying uudfer 
oath now in what I am saying, and I tell you I cannot say. 

Q. Have you any impression ? — A. iN'ot the least. 



132G AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Was it more thau three months ? — A. I cannot say. 

Q. Was it less than thr€« mouths ? — A. It may be so, or more. 

Q. I will ask yon another question, to see if we cannot get at 
something of a definite idea as to the time. Do you think it was six 
months prior to the publication of the report of 1873 ? — A. I cannot say. 
It may be that, or less. 

Q. You cannot give any more accurate statement than what you 
have? — A. No, sir. 

Q. You do know, however, that j^ou assisted in making those meas- 
urements ? — A. I certainly did. 

Q. Will you please tell the committee how you made those measure- 
ments of work done by the board ? — A. You can get those facts from 
Mr. Oertly, I think. He has all the papers. 

Q. Exactly, but you say that you assisted him in doing it ? — A. Very 
well, he has got all the facts. He can give you all the facts. 

Q. I want to get all the facts as far as you were connected with it. 
Those you know better than he does. 

The Witness. What do you want to find out ? 

Mr. Wilson. That is not my purpose to tell you what I want to find 
out. My purpose is to get you to answer my questions. I want to 
know in what way you measured the work that was done by the cor- 
poration prior to the existence of the board of public works. — A. I 
could not tell you except I had the papers before me that they were 
made from, 

Q. Hid you go out upon the ground ? — A. I did not. 

Q. Did anybody go out upon the ground and make a measurement "? 
— A. No. sir. 

Q. Then, what did you do ? — A. It was done from my general knowl- 
edge of the city and the graduation-book in the office. 

Q. And that is all you'did t— *A. Yes, sir. 

Q, And in that way you got at the measurements of the old work ! — 
A. As near as we could. 

Q. That is all you did "? — A. Y^'es, sir. 

Q. If you will step over this way, I would like to show you a table, 
[handing book to witness.] Thatis Pennsylvania avenue from Fifteenth 
street to Kock Greek, is it not I — A. It is printed there so. 

Q. Did you make that out 1 — A. Yes, sir. 

Q. Now, will you please to tell me how much grading there is in that I 

The Chairman. What table is that f 

Mr. Wilson. It does not seem to be numbered. It is in the report of 
1872. 

The Witness. I do not see any grading in there. 

Q. Was there any grading done by the board of public works? — A. 
Some. 

Q. Why does it not appear in this?— A. I cannot tell you that. 

Q. Who did the grading there ? — A. I do not know who did it. 

Q. How much grading was done there ?— A. That I could not tell you. 

Q. You have been measuring by a sort of estimate. Can you give us 
an estimate of how much grading was done there"? — A. I could not. 

Q. Now, on Pennsylvania avenue, from Fifteenth street to Eock 
Creek ? — A. I could not tell you, indeed. 

Q. What is it, to the best of your judgment?— A. I cannot form any 
judgment at all about it. 

Q. At the time that table was made up the board of public works 
liad done no grading there. Is not that the fi\ct?— A. They have done 
sradinff. 



TESTIMONY OF WILLIAM FOR.SYTIL 1327 

Q. At tlie time that estimate was made up, liad the board of public 
-^Norks doue auy gradiuj;- there ? — A. Certaiuly, thej did gradino-, 

Q. Why did you not i)ut it iu that table? — A. I could not tell you 
that. I did not make that table. 

Q. Who did make it? — A. That table was compiled iu the auditor's 
otiice. 

Q. Was it not compiled under your supervision ? — A. Xo, sir; it was 
compiled under the supervision of the auditor of the board. None of 
these tables are compiled by me. 

Q. Then I will ask you to have it broufiht here. 

Mr. Wilson. I wish the clerk would brin<j^ the voucher for Pennsyl- 
vania avenue, from Fifteenth street to liock Creek. 

The Witness. Why, they cut down three feet at Lafayette Square 
and Jackson Place. 

Q. When was that '? — A. When the^' were grading this avenue — 
IVnnsylvania avenue. 

Q. Tliat you are <]uite sure of? — A. Yes, sir; quite sure. 

Q. AVliere was that doue ? — A. At Lafayette Square and Pennsylvania 
avenue, between Sixteenth and Seventeenth streets. 

Q. You say Mr. Oertly has the papers iu regai-d to the measurements 
of this old work ? — A. Yes, sir. 

Q. Xow tell us how you made up the estimate of the amount of grad- 
ing that was done on East Capitol street, from First to Eleventh street 
east? — A. Here is the measurement of the party who made it up, 
[handing Mr. Wilson paper.] 

Q. ]Mr. Oertly measured that? — A. Ilis signature is to it. 

Q. Do you know ]Mr. Oertly' measured it? — A. I cannot say, indeed; 
his name is to it. 

By Mr. Mereick : 

(}. Did not Baruey do some of that measureraeut ? — A. No; Mr. 
Oertly measured it. 

Q. That is all you know about it ; you were not yourself upon the 
ground ? — A. No, sir. You are talking about East Capitol street ? 

Mr. Wilson. Yes, sir. You were asked a moment ago about the 
grading at P-street circle, and I understood you to sa^^ you went there 
and made the best estimate of it that you could under the circum- 
stances. 

The Witness. That is the fortieth time, in this room, I have stated 
that ; and I state it now, again, for the forty-first time. 

Mr. Wilson. Do not get excited, Mr. Forsyth. 

The Witness. I am not excited. 

Mr. Wilson. Tliat is only preliminary to a question that now, Mr. 
Forsyth, I will ask you. This is the question, whether the board of 
public works did the grading? 

The Witness. Of course they must have done it. 

Q. Do you know they did it ? — A. I do not. I know they did all the 
grading that was done there. 

Q. Are you quite sure of that ? — A. There was no other person to do 
it, that I am aware of. 

C^. Are you aware of the fact, or is it a fact, that that P-street circle, 
the grading that Avas done there, was by filling in that earth that was 
hauled from one of the avenues and done by the teams of tli|> Coveru- 
ment, and the enq)loyes of the Governuient under (Jeneral Babcock? — 
A. All the grading that was done there was done by the board. There 
is no mistake about that; none whatever. All the work around there, 



1328 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

whatever was done inside tlie circle, may have been done by the Govern- 
ment, but what was done outside was done by ihe board of public works, 
I am pretty confident. 

Q. That you are sure of ? — A. Well 

The CiiAiRMAiS" : 

Q. What does he mean by inside? — A. Inside the curb-line. 

By Mr. Wilson : 
Q. What do you rrean by the cuib-lice? The curb line aiound the 
circle? — A. All inside the circle. 

Q. What do you mean by inside the circle? — A. Inside the sidewalk. 
Q. All that was done in there was done by the board of public 
works? — A. 1^0, sir; I say all that was done in there was done probably 
ly tlie United States. 

[The witness prepares a diagram and illustrates his meaning by such.] 

Q. So that all this grading that was done in here [indicating] was 
done by the board of public works? — .A. No, sir. 

Q. That was done by General Babcock? — A. I think so. 

Q. Do you remember a controversy with regard to a large amount of 
filling on Massachusetts avenue ? — A. I do. 

Q. Were you there for the purpose of making a measurement of that 
filling? — A. I was. 

Q. Who else was there ? — A. None but my assistants. 

Q. Who were they ? — A. My sons. 

Q. Who else ?— A. That is all. 

Q. Do you recollect of there being parties called in for the purpose of 
determining the quantity? Who were they? — A. I cannot tell who 
they were 5 some persons connected with the board. Cluss, I think, 
was one. Mr. Barney, I think, another. That is all I know of. 

Q. Who were the arbitrators to whom this was submitted? — A. I dis- 
remember the names now. 

Q. Did you have any means of determining accurately the quantity 
of earth that had been filled in? — A. I had not. 

Q. Why did not you have ? — A. I had not had it ; that is all. 

Q. What is the reason you did not have these things ? — A. Because 
it was not my business to measure that excavation and any work of that 
kind ; it was the duty of IMr. Barney to measure. 

Q, Do you know why Mr. Barney did not have profiles of the streets 
and cross-sections of that street? — A. I do not know. 

Q. Is it not the fact that contractors were put upon the streets, and 
the streets torn up, before the engineer department had any opportu- 
nity to take profiles of the street and cross-sections ? — A. It may have 
been so. 

Q. I want you to say whether it was so, or not. — A. Well, if it hap- 
pened 80, that is all I know about it. I cannot state, positively. If it 
was so it was his business to know it. 

Q. Do you know whether that is so or not ? — A. I do not. 

Q. AVhen you were out there for the purpose of measuring that em- 
bankment, did Mr. Cluss, or anybody else, propose to test the quantity 
that was there by sinking pits or shafts down until you should strike 
the solid ground ? — A. Not before me. 

Q. Did or did not ]Mr. Cluss propose to test that matter in that way ; 
and diclKie not call your attention especially to that mode of determin- 
ing the quantity? — A. He could not determine it in that way. 

Q. Did he not propose to test the amounts of filling that had been 
done there by sinking the pits? — A. He did not do so. 



TESTIMONY OF WILLIAM FORSYTH. 1329 

Q. Did lie not sink some of his pits there ? — A. I cannot say ; I be- 
lieve he did. 

Q. Did not yon and Afr. Class have some i)retty hi^h words over that 
matter/ — A. 1 had some words with him in relation to that. 

Q. Now just state what occurred between you and Mr. Class on that 
subject ? — A. There is no necessity for statins;" that. 

Q. I want to know ? — A. I prefer just to let that rest. 

Q. I i)refer not to let it rest. I prefer to have the facts. — A. Well, 
Mr. Class, 1 thought, as i:i the first instance the case was referred to 
me, and 1 refused to act because 1 had no data npon which to predicate 
a correct estimate. It was referred to me again, and from my general 
knowledge of the comlition of the jjlace, by the gravel being taken out 
of it for i)robably two or tliree years, during the war, there were im- 
mense ]>its fonntl there. I had to do the best I could from my own 
judgment, and the result of what I could do — the best I could do — you 
have before you now. Mr. Cluss thought it was too much, and he had 
it remeasnred twice. J was not satisfied with his results, because I 
thought in the lirst ])lace it was disresi»ectful to me ; and, to settle the 
matter, the board referred it to a board of arbitrators, and they set- 
tled it. 

Q. Yon insisted that Mr. Cluss was not giving enough measurements 
therje, did you ! — A. I did not know whether he was giving too much or 
too little; and I do not know yet whether the award that he got was 
too much or too little. It was the best I could do iu the premises. 

Q. Were you not dissatisfied with JNFr. Class's measurements ? — A. I 
was dissatisfied with tlie manner in which he did it. 

Q. Were you not dissatistied with his measurements, the amount that 
he returned I — A. I was not dissatisfied ; it did not make a particle of 
difference to me. 

Q. Did you not insist upon it that he had not returned enough ? — A. 
I did not insist anything of the kind. 

Q. Then what was the occasion for any controversy between you 
and Mr. Cluss '? — A. It was his going out there in the first place to make 
measurements without notifying me of the fact. Then he was ordered 
by the board to go out there a second time, and when he and I were no- 
tified to go together, and then I took occasion to express my opinion of 
liiiu then and there ; and I can tell you that it was very uear coming to 
an opinion that he might not wish. 

Q. You did it with some vigor!? — A. I did ; and 1 would do it with a 
little more if the case required it to. 

Q. State whether you do or do not know that Mr. Cluss sunk a shaft 
there, or whatever you may call it. — A. Well, damn the shaft. I do 
not care what shafts he sunk. Whatever he has made it does not make 
a particle of difference to me whether he gave him one yard or fifty 
yards or fifty hundred thousand; not a particle. Now, so far as that 
affair is concerned, we have gone over that ground half a dozen times, 
and you have got my views upon it, and that is all I have to s;iy in the 
premises. 

Q. I know it does not make a bit of difference to you, and therefore 
there was no occasion for you to get excited about it then, or to get 
excited about it now. — A. There is no necessity of going over the ground 
so often. 

Q. Well, but I want to get at the facts. — A. Well, now, yoa have 
the facts, judge. 

Q. But did not ^h\ Cluss find hard grouii<l there that had never been 
disturbed ? — A. I do not know what he found. 
84 D c T 



1330 AFFAIES IN THE DISTRICT OP COLUMBIA. 

Q. Perbaps you were too mucli excited? — A. I do not know tliat. 

Q. You do not know anything about it? — A. I know notbin": about 
it. He got tbe best 1 could do for tbe man iu the premises. Wbetber 
it was too mucb or too little, I do not know and I do not care. 

Q. Did you not finally insist upon it tbat it was too little, and keep 

on insisting- until you got ? — A. Now, you bave got my views a dozen 

times upon it. I do not know wbetber tbe mati got too mucb or too 
little; be got just whatever I considered at the time fair, from tbe best 
judgment I bad in relation to it. 

Q. You did get a little excited at Mr. Cluss because be insisted upon 
liaving it done ? — A. I stated all that to you before, and there is no 
necessity about going over it a second time. I would get excited witb 
any person. 1 have nothing in tbe world to be benefited in these 
things. 

Q. You bave been pretty familiar about tbis city for the last several 
years, bave you not? — A. Yes, sir; certainly I have. 

Q. You bave been engineering and surveying about here? — A. I 
have. 

Q. And been connected intimately witb tbe operations of tbe board 
of public works since its organization ? — A. I bave. 

Q. Can you tell us now where tbe earth came from of which tbe fills 
were made on Fifteenth and Seventeenth streets down to B street 
north ? — A. I cannot tell you. 

Q. You do not know where it came from ? — A. I do not. 

Q. None of it ? — A. Not a particle. I never go watching carts to see 
where they go. 

Q. Were you out there at tbe time tbat work was being done ? — A. I 
was not out there ; I never go upon any works except where I am 
ordered to go. 

Q, And you do not know where a spadeful of that earth came 
from ? — A. I do not. 

Q. You know the canal was filled? — A. I know it is; it does not 
exist now. 

Q. Well, you know it was filled ? — A. Certainly I do, 

Q. Do you know where the earth came from that filled the canal? — 
A. I do not. 

Q. Not a spadeful of it? — A. Not a particle. It is so, judge; you 
may smile ; it does not make a particle of difference ; it is so. 

Q. I am not smiling. The reason I ask you the question is that I 
supposed I might be able to get an opiuion from you. — A. Well, you 
can get it from another, if you cannot from me, probably. 

Q. Well, I will try to do so. Do I understand you to say that you do 
not know anything about any of these tables in these reports ? — A. No, 
sir; all I know is the data from which every table there is printed has 
been furnished by the auditor of the District to me. 

Q. You made up tbe tables from the data furnished by him ? — A. No; 
he made those tables biQiself. 

Q. You did not make them ? — A. No, sir ; the result of my labor is at 
the bottom. 

By Mr. Merrick : 

Q. Did you make the estimate for excavation and hauling on Massa- 
chusetts avenue? — A. I did not. 

Q. Who did ? — A. I guess you will find that Mr. Barney can inform 
you upon this subject. 

Q. You made none of it? — A. No, sir. 



TESTIMONY OF WILLIAM FORSYTH. 1331 

By Mr. AVilson : 

Q. I will ask you one further question : Was it you who made out 
these charges against proi)erty fur waterservi(;e ? — A. No, sir. 

Q. Who was the man that did that ? — A. The superintendent furnish- 
ed the accounts to the auditor and the auditor furnished them to me, 
and as they are so charged on the assessment they are the same on the 
list forwarded to me, and you can see any list or paper I have in con- 
nection with any of the assessments. 

Q. The statement was made here the other day, in reference to water- 
service, and to two lots with the same frontage on the same street, one 
of which was $60 and the other $33. Would you be able to ex[)lain 
how a thing of that kind could happen? — A. I could not explain it; I 
know nothing about it. 

Q. That ought not to be the fact, ought it ? — A. I presume not. 

Q. And you are not able to explain how a thing of that kind oc- 
curred ? — A. I cannot. I can only give you the papers that came to 
me ; whether the.y are right or wrong I cannot saj'. It must be an error 
of the superintendent, if such is the case. 

Mr. Mattingly. I will state that we are having that examined, and 
whatever the result is we will advise the committee. 

By the Chairman : 

Q. 1 understood you to say you know nothing about where this dirt 
came from that they put into the canal. — A. 1 could not tell you. 

Q. The Government has paid for a i>ortiou of that work, has it not ? — 
A. Yes, sir. 

Q. You went down there and looked it over with JMr. Samo? — A. 
Yes, sir. 

Q. Pointed it out to him? — A. Yes, sir; I pointed it out to him. 

Q. You knew that dirt was put in there ? — A. I knew that the canal 
was filled ; that is all 1 knew. 

Q. You never saw anybody hauling dirt there ? — A. O, I saw thou- 
sands of peojile, but 1 did not know who they were. 

Q. You do not know whether it came from this or from the other 
side of the Potomac? — A. They were hauling in all directions. 

Q. You do not know which side of the Potomac it came from ? — A. 
Ko, sir; I have seen them hauling from the south, north, and every 
direction, but I could not tell you where they came from. 

Q. You simply went there to measure with Mr. Samo and show how 
much had been put there ? — A. Yes, sir. 

By ]\[r. Wilson : 

Q. In that connection, I would like to have you state to the com- 
mittee how. you measured the quantity of earth in that canal. — A. 
Well, Mr. Oertly has made all the computations in regard to that. 
You can get all these facts from him; it is so, judge. ITe has the basis 
upon which everything was estimated, and he can give you facts, and 
there is not any use of your trying to get from me what I cannot give 
you. 

Q. But you were there ? — A. Yes, sir ; but he can give you the whole 
of the facts in relation to that. 

Q. You w(;re there ; now have you no sort of idea as to the man- 
ner in which you went to work to ascertain the quantity of earth put 
there ? — A. They have the difference between the old grade of the canal 
and the present grade of the street, and they knew what was to be put 
in there, and all about it; and he has all those figures himself, he and 
Mr. Samo together. 



1332 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You Lave not had any? — A. No, sir; not one. 

Q. You went out to reservation 17 with Mr. Samo and Mr. Oertly 1 — 
A. O, yes. it:^ 

Q. IIow did you get at the grading that had been done on reserva- 
tion 17 ? — A. It was so little there, as I find it reported by Mr. Samo, 
that he must have cheated us there. He has only 400 yards where there 
ought to be 8,000 or 10,000, or probably more. 

Q. Then you think the board of public works has done 8,000 or 10,000 
yards of grading there ?— A. Yes, sir; that is my opinion, but they have 
not got it. 

Q. How much of that flagging was done by the board of public 
works ? — A. I cannot tell you exactly, sir. That is a statement exactly 
what was done, and at the dates which you will find recorded there. 
[Handing document to Mr. Wilson. J 

Q. Who made this i)aper? — A. That was made out from my office. 

Q. By whom ? — A. The original was made out by myself. I had it 
copied by my clerk. 

Q. When ? — A. Last Saturday, I think, it was. 

Q. Where did you get the data from which you made it ? — A. I got 
that data from the vouchers where these quantities were to be found. 

Q. Have you the vouchers with you ? — A. I have not. 

Q. Where are they "? — A. They are up in the Bank of the Metropolis. 

Q. What are they doing there? — A. They are there, I presume, with 
the sinking-fund commissioners. 

Q. What have the sinking-fund commissioners to do w th them ? — A. 
I do not know. There is where I found these papers. I made no in- 
quiry about that. 

Q. 1 v;ant to know what the sinking-fund commissioners had to do 
with the work done by the board of public Avorks. — A. Well, I cannot 
tell you that, sir. 

Q. You say that this was done by the board of public works'? — A. I 
say it was done at that time — and whether it was done for the board — I 
measured it. 

Q. Hold on a minute, Mr. Forsyth; my question was as to flagging 
done by the board of public works. Now, 1 want to know what the 
sinking-fund commissioners are doing with the vouchers for work done 
by the board of public works. — A. That I cannot tell you. 

Q. Do you not know now* from tlie fact that the sinking-fund com- 
missioners have these vouchers, that this was not done by the board of 
public works ? — A. I tell you that that work was done at the dates then, 
and 1 made out the accounts so. I knew nothing about where they were 
paid, or how they were paid, and I never bothered about it. 

Q. These Aouchers have fallen into the hands of the sinking-fund 
commissioners. AVho gave you access to these vouchers ?-^A. 1 went 
to the auditor of the board to inquire of him if such vouchers were in 
his possession, and he said "no." He told me they must be up there, if 
they were to be found at all. I went up there and found them. I wanted 
to be satisfied about the dates, because I knew the board of public 
works were in power at the time, and consequently that I made the 
measurements. It was to i^lace myself right. 

Q. Were these measurements made by you at the time the work was 
done ? — A. Y'es, sir. 

Q. And the original vouchers are on file there with the sinking-fund 
commissioners °? — A. Yes, sir. 

Q. How much has been done by the board of public works since that 
time ? — A. O, that is rll the work that has been charged. 



TESTIMONY OF WILLIAM FORSYTH. 1333 

Q. Tliiit is all that there is of it !— A. Yes, sir ; I made that at the 
request of Mr. Bass. He requested that iuformatiou and 1 prepared 
that for hini. 

Q. When were tlie gutters put iu ? — A. They were put iu at the dates 
uauied there. 

Q. Did you make auy examiuatiou of the vouchers to ascertaiu how 
much o-utter had been'put iu there? — A. The square yards of cobble- 
stone show you. 

Q. The amount for which you find vouchers with the siukiug-fuud 
commissiouers seems to be 12,581: square feet ? — A. Yes, sir. 

Q. And then you say that the charge here ou page 441 of the gover- 
nor's answer is for 17,229 square feet. Wheu was the ditterence betweeu 
12,-")84 and 17,22!) done ? — A. I guess that must have been doue between 
1S08 and 1871. 

(}. Did you find vouchers for that ? — A. Xo, sir. 

Q. AVhere are the vouchers for that ? — A. They must be iu the regis- 
ters oltice of the city. 

Q. Have you seen any measurement of that flagging. It takes 4,G15 
square feet to make up the difference. How did you get that measure- 
nient ? — A. In the government report. We measured all the points 
that are designated there, and then 1 have deducted from the Govern- 
ment what was charged in those voucher that are in the siukiug-fuad. 
commissioners' possession. 

Q. That is the way you got at it ? — A. That is it, sir. 

Q. In other words, you took this amount as ^y'ou found vouchers for 
this amount, and then accounted for the difference by saying that the 
old corporation had done it in 18G8 and 1871 ! — A. Yes, sir ; because all 
the original work for the Government was from actual measurement. 

Q. lUit that is the way you got at it in making up this paper '? — A. 
Yes, sir. 

Q. Tlowdo you know the old board had done that work between 1SG8 
and 1871 '! — A. The old corporation do you mean I 

Q. Yes, sir. — A. I knew that no other persons did it. 

Q. You know it was done? — A. I knew it was done, and it was doue 
by them. 

Q. What kind of flagging is that? — A. Sixteen-inch flagging. 

Q. How much! — A. Sixteen inches in width, and three feet long. 

Q. Is it uniform in size ? — A. O, no, sir; it is irregular. 

Q. Irregular flagging! — A. It is irregular; iu pieces of lengths of 
three, four, or five feet, probably. 

Q. Is it sawed flagging ? — A. It is what they call 10-inch flagging. 

(}. It is rough flagging, is it not — quarried ? — A. Well, it is rather 
rough. 

i^. It is just as it came from the quarry, rough ? — A. Yes, sir. 

Q. How did you get this price, sixty cents, to the Government — how 
did you get at that? — A. That I cannot tell yon. That is the price, I 
think, that the boaid paid for that — that the board pay for stone of a 
similar (diaracler. 

Q. Tiiat is the price that the board is now paying for that kind ? — A. 
I think so. 

Q. But this had been done some time ago ? — A. Well, t think it was 
dearer then. 

Q. Do you know what this fliigging costs a square foot ' — A. I can 
bring you the information what it cost the corporation. 

Q. Do you know what it costs to deliver it from the (piairy .'- -A. I do 
not know anything al)OUt it. 



1334 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. In all your engineering here, you never ascertained what this flag- 
ging cost delivered in Washington ? — A. Never, sir. 

Q. Do you know anything about what it costs to joint it and lay it ? — 
A. I do not. 

By Mr. Bass : 
Q. What were the duties for which you were paid ? — A. I had to 
establish the lines of the streets ; and I had to make out the assess- 
ments, and do any other work that might be required or that I had time 
to do. 

By Mr. Wilson : 

Q. Do you know anything about the character of the certificates that 
•were issued upon these assessments that you make against the streets; 
certificates issued against the property 1 — A. I know nothing about 
them. 

Q. Do you know whether the certificates that are issued against 
the property-holders correspond with tlie cost of the street ? — A. I 
know nothing whatever about it. 

By the Chairman : 

Q. I wish to ask yon, sir, about a matter that I find here on my table. 
It relates to a triangular space between M and N street north and Con- 
necticut avenue and Eighteenth street west. Do you know of an^^ such 
space ? — A. Yes, sir. 

Q. I find on page 406 of the governor's answer that the Government 
is charged with ^3,981 for concrete pavement ; do you know the size of 
that space ? — A. I know nothing about the size 5 no, sir. 

Q. Did you go with Mr. Samo to measure this ground ? — A. I have, 
sir. 

Q. How did you measure" that particular space ? — A. I cannot tell you 
how it has been measured now, it is so long ago. 

Q. You are very certain that you went there with your assistants and 
made measurements ? — A. O, I have been everywhere where Mr. Samo 
has been. 

Q. Have you any recollection of this particular space ? — A. N'o, sir. 

Q. You do not know that you were ever there ? — A. JSlo, sir ; Colonel 
Samo can give you the facts in relation to it. 

Q. I am just asking now if you were present there. — A. I was pres- 
ent; yes, sir. 

Q. And the measurement that you made there was a correct meas- 
urement ? — A. 1 think so. 

Q. You know nothing about the size of that reservation ? — A. No, sir. 

Q. You do not know how much pavement was measured at that time ? 
— A. I cannot tell you now. 

Q. Where are the papers or memoranda that you made at the time ? 
— A. Colonel Samo has them. 

Q. He has the memoranda of measurements made about public reser- 
vations ? — A. He has. 

Q. Have you no memoranda in your office relating to that ? — A. Xone 
whatever. 

Q. Nor Mr. Oertly ?— A. Not that I am aware of. 

Q. Nor Mr. Cluss, the engineer of the board of public works? — A. 
Not that I am aware of. 

By Mr. Wilson : 
Q. Did you assist in making up the statement of the amount of work 



TESTIMONY OF WILLIAM FORSYTH, 1335 

doue by the board of public Avorks with a view of getting an appro- 
l)iiatioii of a luilliou and two huudred and forty-odd thousand dollars 
from Congress .' — A. Yes, sir. 

Q. You assisted in making tliat up ? — A. I did. 

Q. That Avas made up for the purpose of showing to Congress the 
amount that was due by the United States for work done by tlie board, 
Avas it ? — A. 1 presume so. 

Q. Is that the fact, that that was the purpose for which it was made ? 
— A. Yes, sir ; certainly. 

Q. I want you to take tins report of 1872 and look at the points that 
I will call your attention to, commencing at the Pstreet circle. You 
have heard of that place ? — A. O, yes; that is familiar to me. 

Q. You lind a charge made there of 1,912 square yards of brick pave- 
ment? — A. Yes, sir. 

Q. Was it there when you made that? — A. I presume so; if it was 
not there it would not be entered here. 

Q. Do you say it was there? — A. 1 do believe it was there; if it was 
not there it would not be entered here. 

Q. You say that ? — A. 1 do, indeed ; and there is a great deal of it 
there yet. 

Q. Well, your reason for saying that that pavement was there is 
because you lind it in that account? — A. No, sir; 1 know there is pave- 
ment there now. 

Q. Where is that pavement ? — A. Upon Twentieth street, upon P 
street, it was, I presume, i)artly around that circle. 

Q. You say there was part of it around that circle ? — A. I do. I be- 
lieve it was. I know that this amount must have been there because 
it was so measured at the time ; a good many changes have taken place 
where brick pavement has been taken up and asphalt substituted. 

Q. Now, you will tind 1,289 feet of sewers charged there, do you not 1 
— A. 1 do, and I guess you will find all that there too. 

Q. Was that there then when you madeoutthat account? — A. I have 
not got anything to do with making out this, [examining book.] This 
is not 

Q. That is the account that you made out against the United States 
for the i)urpose of getting the ai)propriation ? — A Yes, sir ; I see it is. 
1 thought it was an estimate. 

Q. \Vell, now, I ask you the question ; was that sewer there when 
you nuide out that account ? — A. That sewer was around the circle, and 
in connection with it. 

Q. Yon say it was there? — A. Yes, sir; if it was not on the ground 
it would not be down here. 

Q. Exactly ; I understand you. Now, turn to page 48, Scott statue. 
See if you find a lot of brick pavement there. Was that brick pave- 
ment there when you ntade out that account? — A. Well, I think the 
bri(;k ])avoment was, an<l it is there now, too. 

Q. You thiidc that brick pavement was there when the account was 
made out ? — A. I do, sir. 

Q. And you think that is there now, do you ? — A. 1 do. 

(^). \VIiat is your reason for thinking it — because you tind it in that 
a-count ? — A. No; I know the brick pavement was laid there. 

Q. Now look at the circle at P and Thirteenth. Do you lind there 
6,083 square yards of wood pavement ? — A. I lind asphalt pavement 
here.' 

Ci. Do you find that amount of wood pavement there ? — A. No, sir. 
I find 0,083 square yards of asi)lialt. 



133G AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Let ine look at it. — A. It is asphalt that is laid there. 
Mr. Merrick. Here is the report of 1872. It is written, " Wood 
pavement — P-street circle and Thirteenth street, at $3.50." 
Mr. Wilson. In this book it is asphalt. 
The Witness. Ic is asphalt that is laid there. 

By Mr. Wilson : 

Q. There was not any wood pavement there at the ti?iie it was made ? — 
A. No, sir ; it is asphalt that is there. 

The witness, after having been informed that he had been looking in 
the wrong place in the book, was asked : 

Q. Was there any wood pavement ever laid there?— A. Not that I 
know of, 

Q. Was there any concrete there at that time ? — A. Yes, sir. 

Q. Look at Farragiit Square — "lOlG square yards of flagging" — do 
you find that?— A. Yes, sir; that is all right. 

Q. Was there any laid there at the time that was made ? — A. Yes, 
sir; I presume that was there. 

Q. Do you say it was there ? — A. I cannot say ; of course it is charged 
here, and it must have been there, and done at the time. I do not recol- 
lect anything about it, now. 

Q. Now look at page 49, " City Ilall Reservation," see if you find on 
Fifth street, "1,G38 square yards of brick pavement?" — A. O, that is 
an error. 

Q. You find it there, do you? — A. I do. 

Q. Do you find ■4,210 square yards of concrete pavement ? — A. Yes, 
sir. 

Q. Do you find 1,443 yards of parking ? — A. I do. 

Q. And 1,240 square feet of coping ? — A. Yes, sir. 

Q. And 1,100 of sewer? — A. Yes, sir. 

Q. Was any of that done at the time you made out that account ? — A. 
The work that was done there was done on (1 and Fourth street. 

Q. Was any of that done when you made out that account? — A. There 
is au account for G and an account for Fourth street — there is some- 
thing wrong about this. 

Q. Was any of that done at the time you made out that account ; do 
you not know it is not done to this day ? — A. I know that Fifth street 
is not done; but there is some confusion about this that I wish to ex- 
plain. 

Q. That was not done ? — A. On Fifth street it was not done. 

Q. And is not done to this day ? — A. No, sir; nor was it ever meas- 
ured by Colonel Samo or any other person. 

Q. 1 am not talking about that. That was the amount you made. 

Governor SnEPiiERD. It was an estimate to submit to the Govern- 
ment. 

Mr. Wilson. If you look at the head of it you will fiiul that you say 
that the board of public works has done the work and want the money. 

Q. Look at Ohio avenue and see if you find 23,022 yards of wood 
Xjavement, page 50. — A. I presume that is all right. 

Q. You find that there ? — A. Yes, sir. 

Q. Amounting to $8,102 ? — A. Yes, sir. 

Q. Was there ever a square yard of wood pavement laid there ? — A. 
On Thirteenth street? 

Q. At this point I am asking about — Ohio avenue. — A. There is wood 
l^avement laid on Thirteenth street from the avenue to the canal. 
(,, Q. I didn't say anything about Thirteenth street. — A. This is on the 
■west side of Thirteenth street. 



TESTIMONY OF WILLIAM FORSYTH. 133Y 

. Q. I (lid not say any tiling' about the west side of Thirteen tb street. — 
A. Tbis is tbe reservation tbat it bas relereuce to. 

Q, Let me bave tbat book a moment. 

Tbe Witness. It says tbe west side of Tliirteenth street. 

]Mr. iNlATTiNGLY. Obio avenue crosses Tbirteentb street. 

Q. Now do you say tbat a wood pavenient bas ever been laid tbere, 
I indicating in tbe book tbe point to wbicb be desireil to direct tlie wit- 
ness's attention.] 

Q. Do you mean to say tbat a wood p ivement was ever laid tbere ? 

Tbe Witness. Wbat place is tbat ? Well, Tbirteentb street is 
l)avedwitli wood, and tbis is tbe amount of wood tbat is laid in front 
of tbat — tbat public space on Tbirteentb street. 

Q. You tbink tliat bas not since been laid witb cobble-stones? — A.. 
No, sir 5 tbis is along tbe line of Tbirteentb street, and fronting- ibe 
space. 

Mr. Wilson. Very well ; we will see about it hereafter. 

Q. Look at .Marine hospital tbere. ])o you find curbing and pave- 
ment? — A. I find a brick pavement tbere. 

Q. Was it done when tbat account was made up ? — A. I presume so; 
if it was not, it would not be here. 

(^. Is it not only partially done ? — A. I don't know about tbat; it is 
done, I presume. 

Q. You presume it was done because you find it there ; is tbat the 
fact ? — A. I know it is done. 

Q. Was it done then ? — A. I tbink so. 

Q. AVby <lo you think so? — A. Because I know it was done. 

Q. You are sure of that? — A. Yes, sir; if it was not done it would 
not bave been measured and included here. 

Q. We found some on Fifth street measured and included there tbat 
you say was not done. — A. I say in tbis case ; on Fifth street it was au 
error ; it is a mere estimate. 

Q. The fact you found it in tbat is not conclusive it was done. That 
might be an error and might not. — A. I am speaking 

Q. Is not this a fact, tbat the work embra(;ed in that was not done, 
but that you simjily made up a statement? — A. Now tbat is wbat I 
have been looking at tbis book for. 

Q. You made out a statement with tbe view of having an appropria- 
tion from Congress ? 

Governor Shepherd. Perhaps I had better explain that. I can do 
it in a more intelligible way than the witness can, doubtless. 

Mr. Wilson. I woubl rather bave bis explanation, governor. 

Governor Shepherd. I don't think be can give you any ex[)Ianation, 
really. These measurements here were made by IMr. Oerth'y, and made 
in this way: We were making ui)this work wliicb bad been contracted 
for and was in progress, and in September, or about the 1st of 
October, I said to Mr. Oertley, " Make up an estimate of what tbe 
Governnu^nt's proportion will be, in order that it may be submitted 
to Congress in our annual report." Jle did so. Tbat is all tbat it ever 
purported to be; an estimate upon wbicb tbis ai)pr()i)riation was pred- 
icated, the appro])riation which was made January 8, 1873, I will say 
further, Judge Wilson, that tbe horse disease came on that fall aiul 
effectually stopped everything in tbe shape of improvements, and a 
great many iniprovements which were projected were not finished owing 
to that fact. I will say turtber in regard to tbe point raised yesterday 
in reference to reservations, tbat this ai)i)ro]»riation did not refer to reser- 
vations. It says for grading, sewerage, iind other improvements upon 



1338 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

and adjoining the property of the United States in the District of 
Cohimbia. 

Mr. Wilson. Yes; but is it not a fact, governor, that this account 
was carried before the Committee on Appropriations, and upon that ac- 
count — assuming that it was work that had been done by the board of 
public works — a report was made in favor of the appropriation ? — A. 
Yes, sir, in bulk ; and in bulk you will find it correct ; but this proviso 
was put in: " Provided that all payments under this appropriation shall 
be made only upon vouchers approved by the officer in charge of the pub- 
lic buildings and grounds of the District, and after full examination and 
measurementof the said improvements and approval of the prices claimed 
therefor." I said to the committee at the time that there were errors in 
these measurements — that part of the work had not been completed. The 
measurements were made up, and at that time exceeded the amount of 
this appropriation over $80,000, as will be found by the record in the 
Treasury Department. The amount actually done by the District gov- 
ernment for the United States when this appropriation was made was 
$80,000 more than the appropriation. 

Mr. Wilson. Is it not the fact that at the time that appropriation 
was made it was urged that Congress ought to make it iiumediately, 
because it was needed to pay the workmen of the board of public 
works ? 

Governor Shepherd. There is no question about that; it was used in 
that way. 

Q. But, then, it is also true that the work that is specified in that ac- 
count had not been done at the time ? — A. A few items had not been ; 
but in the bulk. Judge Wilson, a great deal more had been done, as is 
shown by the fact that the vouchers submitted were $80,000 more than 
the appropriation. 

By Mr. Wilson, (to the witness, Forsyth :) 

Q. You stated to the committee a little while ago that you made out 
this account with a view of getting this appropriation ! — A. No, sir ; I 
had nothing to do with making out this account. 

Q. I thought awhile ago you said you had ? — A. Not this particular 
account. 

Q. What particular account did you make out? — A. All I made out 
in relation to that was that I assisted in making out the old corporation 
one. I had nothing whatever to do with making out anything in rela- 
tion to this report. 

Q. I want to know why you put into this account work that had never 
been done? — A. You have been placing in my hands a book that was 
merely made out upon estimates, and 1 was wondering how it was such 
mistakes could have occurred. Consequently, I wish to withdraw what- 
ever testimony I have given, or rather what has been extracted from me, 
on this point until I get the papers. 

Mr. Wilson. I have not extracted anything from you. I have sim- 
ply asked you questions. 

The Witness. Well, whatever I have said in answer to your ques- 
tions in relation to it. This is simply headed " United States to the 
board of public works, for work done on Pennsylvania avenue north- 
west, from Twenty-first street to Rock Creek." It is simply an estimate. 

Q. Then the account proceeds to itemize the various — ^ — 

Witness. I presume this must have been generally on'an estimate. 

The Chairman. Mr. Forsyth, thecommittee have concluded, perhaps, 



TESTIMONY OF W. W. DEMAINE. 1339 

Ave had better defer jonv further examination until you have had an op- 
[)ortunity to examine the book and the papers. 

Q. You say that the board of public works has not done any trading 
on Pennsylvania avenue between Fifteenth street and llo(;k Creek since 
tiie wood pavement or the concrete pavement was laid there ? — A. Ex- 
cept between Fifteenth and Seventeeth. There has been some there. 

Q. Since the wood jnivement was put down there ? — A. No, sir; there 
has been no grading since the wood pavement has been put down there. 

W. W. DeMaine recalled. 

By the Chairman: 

Q. I see two papers here that you have prepared — one relating' to the 
triangular space between ^land N street north, and Connecticut avenue 
and Eighteenth street west ■ — A. Yes, sir. 

Q. You have made measurements there '? — A. Yes, sir ; but that paper 
does not contain those measurements. 

Q. It contains a statement? — A. Yes, sir. I see the other one'is 
space at intersections of New Hampshire avenue and Twentieth street. 

Q. That is, these two papers were prepared by you ?— A. Yes, sir. 

By the Chairman : 

Mr. Mattingly, I desire these papers shall go in evidence, and when 
they have been printed with the propeedings you can examine them, 
and then interrogate the witness in regard to them. 

The following are the papers referred to: 

Tbe triangular space between M and N streets north, and Connecticut avenue and 
Eighteenth street, west, contains 580^ square feet. But it is reported as containing 
l:?,'200s(iuare feet iu the report of the board of public works for 1873. (See page 9 of 
the areas of ground belonging to the United States, in the city of Washington.) 

In the same report, in connectiou witli this, is described another similar space, con- 
taining 2,750 square feet at the intersection of Eighteenth, N, and Connecticut avenue, 
but uo such space is found in that locality. For the improvouumts of this space the 
Government of the United States is charged $29,484.98. (See goveruer's answer.) 

Pago '406. Eeservation at Connecticut avenue, M, aud Eighteenth streets, 
northwest $3,981 33 

Page 438 and 439. Reservation at Connecticut avenue, M, N, and Eighteenth 

streets, northwest 20,780 65 

Page 454. Reservation at Eighteenth, M, aud N streets, northwest 4,723 00 

Total 29,484 9y 

W. W. DkMAINE, 
( Civil Engineer. 

New IIani])shire avenue reserve, at the intersection of O street, nortliwcst: (See page 
453, governor's answer,) compared witli page 9 iu report of the board of public works 
for tilt' year 1873, viz, areas of ground belonging to the United States in the city of 
Washington, there described as space between New Hamjjshire avenue, O street north, 
and Twentieth street west, containing 2,700 square feet, for the improvement of which 
the United States is charged $11,462.50. (See governor's answer, page 453.) This so- 
called reserve I have measured, and fiud as foliows : 

103 square yards of brick pavement, at $1, amounting to $103 OO 

.58 square yards of aspluilt pavement, at $1.35, amounting to 78 30 

20 square yards of sodding, at 50 cents, amounting to 10 00 

183 linear feet of 5 inch (B. R.) curb, at $1, amounting to 183 00 

10^ linear feet of circular granite curb, at $2.05, amounting to 21 52J 

Total cost 395 82. J^ 

This so-called reserve or public space lies wholly in the intersecting avenue and 
street, a ])()rtion of which is included between the intersecting lines of New Hampshire 
avenue and Twentieth street; these lines, being produced, intersect in the point 



1340 AFFAIKS IN THE DISTRICT OF COLUMBIA. 

marked (a) on tlie above diagram. There are other similar reserves designated in the 
same report, the areas of which would be correctly expressed by the detii;ition of a 
mathematical point, but which are I'epresented in said report as containing extensive 
areas. 

W. W, DeMAINE, 

Civil Engineer. 

By Mr. Mattingly : 

Q. Just st,ate wliat tbis paper is, [handiuj^ witness oue of the jjaj^ers 
introduced.] — A. Tbis is tbe space at tbe intersection between M and 
jSr streets nortb and Connecticut avenue and Eigbteentb streets west. 
Tbere is a little space there that is now improved, containing a number 
of feet you see tbere — oSo feet. 

Q. These are the continuation, the production of the building-lines 
on the avenue and the streets. Tbis [indicating on tbe diagram] is M 
street, and this Connecticut avenue, and tbis ]^ street. Did you meas- 
ure the carriage-way around that? — A. I did ; but I have not it here, 
because I only wanted to show the area of tluxt space. 

Q. The area of that triangular reservation ? — A. Yes, sir. 

By the Chairman: 

Q. That triangular space there contains an area of 585.] feet ! — A. 
Yes, sir. Tbe pavements surrounding it, of course, would include more. 

Q. Did you measure those surrounding pavements ? — A. I did ; but 
the measurements are not contained in tbis paper. 

Mr. Mattingly. I understand his object is simply to show tbe super- 
ficial area of that space. 

Mr. Stewart. Within the building-line or within the paving-line. 
It is an absolute space that exists between this avenue and the street. 
It is no part of either the avenue or the streets, but actually exists. If 
those lines are produced, they will include that. 

By Mr. Mattingly : 
Q. What lines are those you have extended — tbe extension of tbe 
buiklingline or the curb-line "? — A. Tbe building-line, of course. I would 
have drawn the pavement if I had intended 

By Mr. Stewart : 

Q. Did you measure simply what was in the building-line, or did you 
measure out to the paving-line, so as to get the entire space f — A. It is 
not included in this paper, but I did measure that. I had no such object 
in view in bringing this paper here. 

Q. Is not tbe vacant space around which the pavement is, which is 
an improved public space, much larger than 500 feet ? — A. The abso- 
lute space which is included between tbe production of those building- 
lines is no more than is represented there. 

Q. The absolute space included in the park up to the sidewalk ; how 
much is that ? — A. Well, I have just told you tbat I have not included 
that in tbat. It is more. I suppose it is probably 30 or 40 feet more — 
wider. I mean tbe paving and tbe parking. 

Q. How many superficial feet are there within tbe paving-line which 
is in that park ? — A. I have just told you, sir. I have not the notes of 
that here. It is only absolute space in what might be called tbe reserve. 

The Chairman. I think I understand tbe object of this. Tbese gen- 
tlemen desire to offer this in evidence, for the purpose of showing that 
it cost the Government -$29,481.98 to pave around a space of 585i square 
feet. 



TESTIMONY- OF W. W. D1•:MAI^■E. lo41 

Mr. Mattingly. I think it would have been a much fairer stateuieut 
if- they liad inchided in that space wliat is actually ou the grouud. 

The Chairman. That, of course, yCu can explain afterward. 

The Witness. I can explain that 

Mr. Mattingly. You merely extended the building-line ! 

The Chairman. These measurements are of no vahie whatever, ex- 
cept to show that ou this Government space of oS5 feet, there have been 
expended 829,000. 

Mr. Stewart. Does it show that ? 

yiv. ]\IATTINGLY. 1 do uot understand that it does show that. 

]\Ir. Stewart. 1 do not think it shows anything of the kind. 

The Chairman. That is the object. I do not say that it shows it. 
The whole reservation is a space there, whether it is within the street 
or not. It is a jiublic space that is not used. 

Mr. Jeavett. That is the object for which this statement is intro- 
duced. That we can discuss afterward. 

Mr. Stewart. That shows that what was in the building-line cost 
so much. 

Mr. Christy. I will explain that there was a Government space that 
they improved 

The Witness. It is described as being contained between certain inter- 
sections of streets, and as containing — I think it is two thousand — I 
think it is fourteen thousand. You will see on the paper itself, con- 
taining so many feet. At least, I found that the absolute space that 
was contained between these lines was only 585^ feet. 

By Mr. Stewart : 

Q. Did you measure the whole park? — A. I did, but it is not in the 
statement. 

Q. How much was it? — A. I do uot recollect, but I can bring the 
paper here ; but I had no reference to that. 

By the Chairman : 

Q, You do not include any portion of the pavement of the street in 
this area at all ?— A. Not at all. 

Q. You include the area around which the pavement and sidewalks 
are laid ; that is all you include ? — A. Xot even that much. It is the 
production of the lines where these building-lines go, for they have ex- 
tended this space considerably up beyond the buildiug-Iine, and it is 
apart of the street; it is no part of the reservation, that is, of the 
space that is contained between the production of these lines the avenue 
lines, and the street. 

By Mr. MATTINGLY : 

Q. Would it not cost much more to have that continued out right 
across that than to have it left there as a park ? — A. I have my doubts 
about that. It would not have cost to have paved it with that same 
■pavement more than $500. 

Q. With a concrete or wood pavement ? — A. That small space I spoke 
of. 

Q. Not more than sodding ? — A. The so(Uling 

The Chairman. You, of course, know perfectly well that these streets, 
if paved at all, would have to be paved so as to include this space f — A. 
Of course. 

Q. Therefore, it is simply a question as to (he propriety of making 
this space a reservation '1 — A. Yes, sir. 



1342 AFFAIRS IN THE DISTRICT- OF COLUMBIA. 

Mr. Stewart. Please bring in the full size of the reservation to- 
morrow. 

The Witness. In tbis improvelnent, if the citizens or the property- 
holders had been charged for one-third of that, it would have cost that 
much less if it had been paved with the asphalt as the rest of thein 
were. 

Mr. Mattingly. What do you understand that charge to be for? — 
A. For all spaces for which the Government pays for tive-sixths of the 
work done to that space — uot only that space, but the work done 
about it, and that the liroperty-holders are merely charged for one-sixth. 
Now, there is one-sixth left. If that improvement about this little 
space had uot been done, but simply a pavement — a common pavement 
like the rest of it, it would not have cost much more than $400 ; a com- 
mon pavement like that, that is done about these little spaces. 

Mr. Mattingly. I do not comprehend it. 

The Chairman. I think I comprehend. 

The Witness. I say, if it had been taken in as the rest of the pave- 
ment, without any of those other improvements, without any flagging, 
footway, or anything, it would not have cost more than $400 to pave it. 

Q. To pave what! — A. That 585 square feet. 

By Mr. Mattingly^ : 

Q. Do you understand this $29,000 is a charge for paving this little 
space ? — A. No, sir ; it is a pretense for charging the Government where 
the Government had no right to pay. 

Q. You think that all the improvements along there ought to have 
been paid for by the property-holders instead of by the Government ? — 
A. No, sir ; my idea is that ought to be paved like the rest of the 
streets. 

Mr. Mattingly. It is. 

The Witness. But there is a pavement around, an asphalt pavement 
all around it. And there are trees and other improvements ; and so on. 
There is to be a park there when it is completed. It is not completed 
yet. It will probably cost $30,000 when completed. 

Q. The sidewalks and trees form a very small i^roportion of the 
$29,000, do they uot ?— A. That may be. 

The Chairman. I suppose, Mr. Mattingly, that this is a sample of a 
large number of cases in the city, of spaces that have been left whicli 
were not originally Government reservations, that the gentlemen desire 
to bring the attention of the committee to ? I do not know how that is. 

Mr. Christy. That is so. It would have been very much better for 
the Government to have abandoned all these spaces than to have as- 
serted their right to them at this large cost to itself. 

The Chairman. Of course, if there had been no Government space 
here the property-holders would have paid one-third. 

Mr. Mattingly. If this committee can decide these spaces do uot 
belong to the Government, private individuals owning x)roperty in front- 
of them will be very apt to take a good many of them. 

Tbe Chairman. I can see no conceivable purpose for which this can 
be offered except for that. 

Mr. Stewart. The point made by the witness is that, I suppose, in- 
stead of having these little corners or reservations, the streets should 
go clear across. 

Mr. Merrick. Just precisely as it is in the case of the space in front 
of the Bank of Washington. It is j)aved all over there, and ought to 
have been in all these places. 



TESTIMONY OF JAMES A. MAGRUDEK. 1343 

The CiiAiUMAN. For the purpose of showiiic: that, I think this is 
proper testimony to ])resent. Mr. Merrick, nia.v I inquire how you are 
prog'ressino' now with your testimony? 

Mr. MEKKifiK. We are very nearly at the close. I think we shall 
close our examination-in-chief to-morrow. 

Mr. Christy. Undoubtedly. 

I can say to the committee that we desire to examine Mr. C. H. Evans, 
the book-keeper of John O. Evans, and we also desire to propound cer- 
tain (piestions to Mr. James A. Magruder and two or three other persons. 

James A. Magruder recalled. 

The Chairman. Mr. Cliristy, you wanted him to bring you a state- 
ment, as nearly as you could get it, of the amount of certiticates ])aid 
for in uioney, and the amounts of certilicates paid out to the contract- 
ors? 

]\Ir. Christy. Yes, sir; that is what we desire of the witness. We 
desire to ascertain the extent of his cash payments. 

Tiie Witness. I have a statement here, [presenting the same to the 
chairman.] 

The Chairman. Mr. Magruder hands ,the committee a statement, 
•which api)ears to be a statement of the checks drawn in the First 
ifatioual Bank of Washington from January, 1873, to January, 1874. 

By the Chairman : 

Q. Are those checks payable to the parties uamed there by you ? — A. 
They are payable to the parties uamed here by me. 

Q. Are they i)ayable to order or to bearer ? — A. Some of them payable 
to order. I will just state, for Instance, that there are a good many of 
these which have been paid into the banks. These are the parties' cer- 
tificates that these checks were paid on. 

Q. But are they the parties to whom the checks were actually deliv- 
■ered ? — A. Xo, sir ; the parties to whom the checks were paid in a great 
many instances — for instance, here is one that I see, of Lockwood & 
Brother, per jNIoses Kelly, cashier, and so ou. But I paid into the 
banks a great deal of this money. They lield certiticates and loaned 
money on them, and wherever that was done I made the checks pay- 
able to the party to whom the certificate was payable per the cashier of 
the bank. 

Q. Then this statement here does not show to whom the money was 
actually paid? — A. No, sir; it shows to whom the certificate was 
actually made. 

Q. It shows the times the claims were paid and the dates of the 
checks ? — A. Yes, sir. 

By Mr. Merrick : 

Q. The baidcs held, for example, the certificates of A. B. to the amount 
of >52(),()0(), or any other sum ''. — A. Yes, sir. 

Q. Then you i)aid the bank when the baidc presented the certiticate 
of A. B. for work done by him — you paid the baidc the money without 
knowing whether it went to redeem that certificate or not? — A. No, 
sir ; I know the money went to redeem the certificate, because I took 
up the certificate. 

Q. You did not i)ay to the party, but to the bank, as the holder of 
that certificate ? — A. No, sir; 1 paid it to the bank as the liolder of the 
certiticate. 

Q. You (lid not pay it directly to the contractor? — A. No, sir. 



1344 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Therefore that statement does not show wliat money yon paid to 

the contractors, and what money ? — A. No, sir; it is imi)ossible for 

me to show that. 

By the Chairman : 

Q. Nor does it shoAv the amonnt of money paid to any particular bank 
on account of contractors? — A. No, sir. 

Q. For example, if the First National Bank had four or five certifi- 
cates of A, B, C, D, &G., you would draw a check payable to A, B, or 
bearer? — A. Yes, sir — no, I w^ould draw a check ])ayal)le 

Q. To the First National Bank"?— A. No, sir; to "John O. Evans." 
For instance, this shows "January 13, a check of John O. Evans, 
$25,738.44 ;" " C. E. Evans, $15,000 ;" " Lockwood & Brother, $5,000," 
&c. 

Q. Did those parties named by you receive that money, or did some- 
body else receive it? Do you know? — A. No, sir; that I do not know. 

Q. Nor does that statement pretend to designate ? — A. No, sir ; it 
only pretends to designate what certificates — wbo were the owners of 
the certificates that this money was paid on. 

By Mr. Merrick : 

Q. It does not represent the payee of the draft ? — A. No, sir. 

Q. This statement, then, does not discriminate between contractors 
to whom yon paid money and the contractors to whom you paid scrip? — 
A. No, sir; it shows that I paid this in money. 

The Chairman. This shows how much money you have paid out, but 
not to whom. [No reply.] 

By Mr. Bass : 

Q. Does each one of these sums iiulicate a separate check ? — A. 
Yes, sir. 

Q. If any individual presented to you the certificate of the original 
made to a certiiin party, you gave a check for the amount of that cer- 
tificate, as in this case? [Indicating.] — A, Yes, sir. 

Q. To whoever presented it ? — A. Yes, sir. 

Q. And you sent a check, payable, using the name of the individual 
to whom the certificate originally run. Now, then, did you draw a 
check for each certificate, supposing the same man presented you half 
a dozen certificates? — A. No, sir. Sometimes half a dozen certificates 
were embraced in one check. Some of these men held five or six 
certificates. 

Q. Is there any case where a speculator presented you several certifi- 
cates at the same time ? — A. No, sir. 

By Mr. Jewett : 

Q. Are those certificates that you issued to a contractor payable to 
him or bearer, or to him or order? — A. They are written in this way, 
the auditor writes the certificates: "I have this day audited and al- 
lowed the account of" such a man, for so much money. The indorse- 
ment of his name on that we have always considered as authority to 
pay it. 

Q. Suppose to-day twenty of these certificates had been issued, one 
to A, one to B, and one to 0, and so on, and to-morrow E should present 
twenty of these certificates, you would give him a check for the full 
amount ? — A. Yes, sir. 

Q. Without knowing whether or not the owner of those certificates 
had received the money, or what proportion he had received ? — A. Yes, 



TESTIMONY OF JAMES A. .^lAGRUDER. lo45 

sir; I would fjive him a check, because that is my voucher for the pay- 
ment of the money. 

Q. Tlie takius" of tlie certificates is all you had to do f — A. Yes, sir. 

Q. Your axicount does not show whether you paid the money to the 
parties to whoiu the certificates were originally issued or whether it 
was paid to a purchaser? — A. No, sir. In a great many instances it 
does. If the party himself brought the certificate, he got the check. 

Q. Your system of kee[)iug accounts, however, does not make it 
necessary that your books should show that the contractor himself got 
the money ? — A. Xot at all. 

Q. That is not necessary according to your accounts ? — A. No, sir. 

Q. The system of j'our accounts, then, permitted a speculator in the 
certificates of these contractors to buy them at whatever rate he could, 
and you paid him the full amount of the money! — A. That would do it. 
That was the necessary consequence of the way we did our business. 

Q. Then neither of these accounts will develop the amount of money 
paid to the original contractor ! — A. No, sir. 

By Mr. Merrick : 

Q. Did you have any rule of apportionment in paying contractors so 
as to give them a certain proportion of money and a certain proportion 
of certificates ? — A. No, sir. 

Q. Did you give to some contractors more money and less certificates 
and to other contractors more certificates and less money 1 — A. We paid 
out the money just as fast as we got it; then we paid whatever we had. 

Q. And then you paid in certificates after it was exhausted f — A. 
Simply this. Up to July last we paid out no certificates — no sewer-cer- 
tificates, and no certificates of assessments at all. We paid money. 

Q. You paid altogether money up to July last for all your contract- 
work ? — A. I think so; no, I think we had some sinking-fund bonds 
that we paid out; but, with the exception of those, we paid out money 
up to that time for all the settlements that we made. 

By the Chairman : 

Q. To everybody ? — A. To everybody as they came. I pai<l them just 
as fast as they came m, unless there was some reason why they should 
not be paid. 

Q. Tlien your certificates at that time, of course, were at a very small 
discount ? — A. [ do not think they were discounted at all, probablj'. 
The bank loaned money on them, I know, at interest. 

Q. Was that up to July, 1873 ? — A. Up to July, 1873. I think up to 
that time the certificates were very near par, probably less the common 
amount of interest : 1)2, 93, 91, or 95. The banks were loaning money 
on them at 8 and 10 per cent, interest to the contractors, and taking 
the certificates as collateral. 

By Mr. Merrick: 

Q. What money had you except the proceeds of the four-million loan 
and the api)ropriations made by Congress ? — A. And some money that 
we got on these assessments. 

Q. Did you not pay out all the money derived from the appr()i)riation 
by Congress not later than the month of .Alarch, 1873 1' — A. O, no. We 
l)aid out moiu\v after .Alarch, because some ot our ap])roi)riations fi-om 
Congress we did not get until alter the 30th of June. Nine hundred 
and tliirteen thousand dollars had not come into our hands until tiie last 
of the fiscal year. 

Q. Didyoupayoutthefour millions of bonds, or did you sell the bonds 
85 D C T 



1346 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

and release the money ? — A. We paid it out in money. The goverumcut 
of the District ^old the bonds. 

Q. And turned over the proceeds to you '? — A. And turned over the 
proceeds to us. 

i, Q. That is to say, four millions of dollars, less two hundred and forty 
thousand dollars? — A. Yes, sir; which the legislature afterward sup- 
plied by bonds ; and we paid out those bonds as money. 

By Mr. Bass : 

Q. Does this statement contain a statement of all the cash you paid 
out f — A. Yes, sir. 

Q. So that you did not pay out any cash between January 25th and 
March 7th '? — A. No, sir; unless it is in the other list. 

By Mr. Merrick : 
Q. You exhausted the $1,240,000 loan on the 27th of January, and 
then you had no cash until the appropriation of March 3d ? — A. No, sir. 

By Mr. Stewart : 

Q. Did you have any way whereby you observed the priority of claims 
in their payment ? — A. No, sir. 

Q. You did not establish any rule whereby you paid them in the order 
of the priority of issue, or priority of maturity ! — A. No, sir. A man 
would go right up, and come down to my door with a certiticate, and I 
would pay it. 

Q. Much depended on the speed, then? — A. Yes, sir, a good deal ; 
but a man would do work sometimes, and would uot get a certiticate 
until four or five months after his work was done. 

Q. Of course; but after he got his certificate then, the time that he 
got it did not make any difference to you? — A. Not to me; I didn't 
know the certificates that were out. 

By the Chairman : 
Q. You paid every certificate that came when you had money ! — A. 
When I had money I paid it, unless there was some particular reason' 
why that particular claim should not be paid at that time. 

By Mr. Stewart : 

Q. W^hat reason could there be, if he had his certificate? Was not 
that a final liquidation of it, and a closing-out of that account? — A. 
Sometimes we thought one man had had money enough for the present, 
and we would uot pay liim because we wanted to pay other people. 

Q. Then you did e;s;ercise a discretion above the fact of their get- 
ting there first ? — A. Men would come in to me with half a dozen cer- 
tificates, amountiug to $30,000 or $40,000, and I would pay half and let 
them wait for the other half. 

'f' Q. Then you did not exactly adopt the rule of first come first serve ? — 
A. O, no, sir ; iu little aifairs I paid off as fast as they came to me if I 
bad the money. I never let them go out of the office. I always consid- 
ered that people of small means were rather more entitled to receive 
their pay than men who had large credit and could do without their 
money. 

Q. Would you have been annoyed as much if you had adopted the 
rule that they should be paid in accordance with the date of their 
issue"? — A. I think we would have got along much easier. 

Q. Who invented the system of this paying first come first serve ? — 
A. Well, that was uot exactly the system. 



TESTIMONY OF JAMES A. MAGRUDER. 1347 

Q. "Well, the system tliat you did have, -who got it np ? — A. Nobody 
invented it; it invented itself. If you had been down there you would 
have seen probably a hundred people standing around my door, all trying 
to get in. 

Q. Is it not usual to adopt some rule ; would not that have relieved 
you? — A. Yes, sir; I think it would, and I wish I had. 

Q. Did it not occur to you at the time that that was absolutely neces- 
sary almost ? — A. No, sir, it did not; I wish it had. 

.Q. I should think you would have had a pretty rough time if you ad- 
hered to that rule of doing business? — A. I had a rough time, sir. 

Q. That gave you a great deal of discretion — gave you power to dis- 
criminate i)retty strongly between them f — A. Yes, sir. 

Q. Gave you the power to po'stpone one claimant and pay another ? — 
A. Y'es, sir; I could have done that. 

Q. Did you do that sometimes ? — A. Xo, I did not; I was too anxious 
to get rid of everybody that came. 

Q. Y'ou say you never showed any partiality in tlie payment of these 
debts, except as you have stated, in favor of ithe small debts ? — A. No, 
sir ; I never showed any partiality to anybody ; not one instance. 

Q. How was it with the banks ? — A. I did with the banks, because 
the board went to the banks and asked them to help these people along 
to keep our own going until we could raise money to pay up, and then 
I would go right over to the banks as soon as I got the money from the 
Government and pay the certificates right oft", and take them up. Both 
these banks assured me that they never had bought, in a single in- 
stance, one of these certificates. One of the banks assured me that 
they had loaned the money to them at 8 per cent, per annum, and t!ie 
other at 10. 

By Mr. IlARRiNaTOX : 
Q. Holding the certificate as collateral ? — A. Y'es, sir. 

By Mr. Stewart : 

(}. Then I understand you that the banks merely loaned the money 
to the contractors ? — A. That is all. 

Q. And when you got the money you paid that off? — A. Y'es, sir ; 
and then they had the money to lend them more when they got that. 
It was an effort with the board to carr\' on the work. 

Q. Did they not sometimes buy the certificates ? — A. They said not, 
to me ; both banks assured me on their word and honor. 

By IVIr. Christy : 

Q. Please indicate the banks. — A. The National ]Metropolitan and 
the First National Bank. 

By Mr. Stewart : 

Q. Both assured you that they bought none ? — A. Tliat they had never 
bought a certificate. 

(^. Did you take any means to in.piire of the contractors how this 
thing stood l — A. I have asked half a dozen. On one occasion one of 
the contractors, I understood him — he told me that lie had sold his cer- 
tificate at the First National Bank at a large discount. I had a little 
fc'cling about it, because it had been represented to me that they 
had not bought, and I went there and inquired ; they said it Mas not 
true. I went to-fhe contractor again and told him, " Y^ou told me " so 
and so. 

Q. Who was the contractor ?— A. Bartlett. It was a !^20,0(K) certifi- 



1348 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

cate. The lact wus that he had not sold it to them. He had sold it to 
a broker. 

Q. The broker had sold it to the bank! — A. No, sir; the bank hadn't 
it at all, and never had it. It was not paid for a long while. When it 
was paid, it was paid in sewer-certili(!ates or these improvement certili- 
cates. 

Q. Then I understand you to say that on no occasion have you paid 
money to the bank where they had bought the certitieates ? — A. ISTo, sir j 
the banks had not bought the certilicates. 

Q. I say you did not pay money to them in any case where they had 
bought the certilicates! — A. No, sir; not when I knew it. I understand 
that the Second National Bank bought some, but 1 did not know it 
until Mr. McKeldeu gave in his statement. I never knew until he said 
here before the committee that he had bought the certitieates. That was 
the first intimation 1 ever had that he had done so. I suppose he was 
doing just what the other banks were doing — loaning mone^' out on 
interest. • 

By Mr. Bass : 

Q. How is this statement made up ; have you taken your check-book ? — 
A. I have taken the check-book. 

Q. Copied from the stubs — each separate stub ? — A. Yes, sir. 

Q. 1 see here " George Neitzey »& Co.," three separate stubs. Were 
they three separale checks, and three different stubs ? — A. Yes, sir. 

Q. So that if the same man presented you half a dozen certifi- 
cates you gave him half a dozen different checks! — A. I do not know 
whether he presented all ihese himself or not. He may not have pre- 
sented those himself. 

Q. I see it is March 17th, and is left out of its regular place. Why 
was that! — A. Because 1 had two check-books. 

Q. On the same bank ? — A. Yes, sir. 

Q. I see this is left out and put in afterward ! [indicating.] — A. I was 
drawing checks to pay the emi)loyes of the board, and I had a clerk 
drawing those checks, and I was drawing my regular check-book at the 
same time. 

The committee here adjourned until 10 o'clock to-morrow morning, 
April 22. 



Wednesday, April 22, 187-4. 

The committee met pursuant to adjournment. 

The journal of yesterday's proceedings read and approved. 

James A. Magrudeb recalled. 

By Mr. Stewart : 

Q. What books did yon open when you commenced to pay out 
money ! — A. I kept a regular set of books, and charged all the payments 
that are made. 

Q. What books did you have! In the first place, did you have a 
blotter! — A. A blotter, a journal, and a ledger. 

Q. You paid on certificates of the auditor always! — A. Yes, sir, 

Q. When a certificate of the auditor came in and was presented to you 
and you did not pay it, did you make any note of that fact — of its being 
presented ! — A. No, sir ; I handed it back to the party who owned it. 



TESTIMONY OF ^JAMES A. MAGKUDEK. lolD 

Q. Did tlic anditor fiuiiisli you with a list of the audited claims ? — A. 
No, sir. 

Q. You had uo coniniuuication with the auditor except the preseuta- 
tiou f — A. Yes, sir ; of the claiin. 

Q. And you made no note of those ! — A. None at all until I paid the 
claim. 

Q. You do not know how many were audited and how many were not 
audited ' — A. Xo, sir. 

Q. You did not have those facts before you; you say that you some- 
times only i)aid 50 per cent, on them ? — A. 1 paid all of one certilicate; 
for instance, a man inioht come in with twenty or thirty thousand dol- 
lars ; 1 would pay him a portion of the certiiicates and hand him 
back the others. 

Q. Now, you exercised discretion there ; and what I want to get at is 
what basis you had for exercisino- that discretion.- You say the auditor 
did not furnish you any list of the audited claims ; and when they were 
presented to you you did not take a list of them at all. — A. No, sir. 

Q. Then how could you tell how to exercise that discretion in paying 
a part '! — A. It would de[)en<l upon what money I had, in a great meas- 
ure. 

Q. Did it not always depend on the amount of accounts out and 
who owed ? — A. I had a general idea. I would semi for the auditor 
very often and ask him the state of an account; how much was due 
liim, and how niaiiy certifi(^ates he had, and how much had been paid; 
ami then turning to my books 1 could tell exactly how much he had 
been i)aid. 

Q. But would you know the general state of indebtedness, whatever 
their claims there were, aiul their merits — how would you ascertain 
that? — A. I did not know that to anything like a nicety. 

Q. You did not know that to anything like a nicety? — A. Xo, sir. 

(»). Might you not, then, without having those facts before you, dis- 
criminate unfairly? — A. Well, jes; I might have done it; but not 
intentionally. 

(). You do not know any rule by which to pay them when your money 
run out ? You had no rule by which to distribute tliis money ? You 
did not pay them in the order of presentation, and did not register 
them when they were presented ? — A. No, sir. 

Q. You made no note of it, at all ? — A. No, sir. 

Q. You had no communication with the auditor, exce])t what came on 
the certificate '? — A. I very often talked with the auditor, and went up 
in his room and looked over his accounts very frequently. 

Q. State what investigation you made prior to exercising this discre- 
tion. You say you frcMpiently called on the auditor? — A. I frequently 
called on the auditor in r«Mation to the state of a particular account — a 
large account. I asked him how nui(;h was <lue a man and how many 
certiiicates he had issued, and then by looking at my books I could tell 
exactly how many of those certiHcates had been paid. 

(>). Did you look over the auditor's l)ooks at that time to see the state 
of other men's accounts, so as to know what proportion and how long 
they had stood, to form any idea of how much you ought to pay to that 
man ? — A. No, sir. 

Q. You made no comparison of that kind ? — A. No, sir; if I had gone 
over all those things,! never wouhl have done anything. It would 
have taken all the tin)e I had to d() it. 

Q. Now, for instance, here is a ch<'(;k on the l.']th of .lannaiy. You 
paid a good many on that d:iy. " ."Moses Ivelly, to t;ike up check on V. 



1350 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

N. B., $54,144.04." What was tbat for!— A. They were checks I had 
given to the First 2^atioiial Bauk, and they had hekl them. They were 
not paid. AVe had no money in the First National Bank. 

Q. You say you have given a check to take up check. Who drew 
the check on " F. N. B. I" — A. I did ; a good many different checks. 

Q. These were checks that you had drawn on the bank ? — A. Yes, 
sir; and tliey never were presented to the bank. If they were pre- 
sented they were not paid. Mr. Kelly took them up, aud when I got 
the money I w^ent and took them up from him. 

Q. W^ere there any complaints at any time about your discriminating 
in favor of one aud against another in the payment of thera ? — A. Not 
to me. 

Q. You think, yourself, it would have beeu a good deal better if you 
had had some order! — A. Well, I think it would, now. 

Q. Do you think it possible that the information tbat you had before 
you — no record of the time when the claims were audited, no record of 
the time they were presented to yourofhce — do you think it possible for 
.you to get such a general knowledge of all the transactions of the Bis- 
trict as to pay them equitably ; to make an equitable distribution of it! 
—A. I had a general idea of the account there ; the work that had beeu 
done b}^ the different parties, and I had the assistance of the governor, 
who knew more about the general work than anybody in the District. 

Q. And when you were at a loss about it you went and made in- 
quiry ! — A. He and I consulted about those things v/hen we had sums 
of money, as to how it should be paid. 

Q. Were you able, when you cousulted him, to show him how the in- 
debtedness stood, in order to take his opinion ! — A. Xo; he knew better 
than I did how it stood. 

Q. It was not his business to keep those books, though ! — A. No, sir. 

Q. Was it possible for anybody to remember all the creditors, and 
how they stood! — A. No, sir; nobody could remember them. 

Q. If you had kept the books in some order that would have fixed it 
by rule, it would not have been necessary to consult auybody, would 
it ! — A. Well, I do not know but what it would. 

Q. If you had had a rule you would have stood by it! — A. There were 
certain things — for iustance, ^-ork done around the Government prop- 
erty — had to be ])aid for out of these Governuieut appropriations. 

Q. Could you not have had a rule for that! — A, AVe did pay them, 
helping others as much as we could. 

Q. Then you did have a rule that you paid for work done around Gov- 
ernment reservations out of the appropriations made ! — A. Whenever a 
certilicate was presented to me for work done around Government 
reservations, and I had any money, I would pay it. 

Q. You mean out of the Government appropriations ? — A. Out of the 
Government appropriations. 

Q. You mean the United States Government ! — A. Yes, sir. 

Q. Did \ou set apart that fund exclusively for that business ? — A. 
No, I <lid not. We helped everybody along when we had money. 

Q. But you mean to say, simply, that you gave those who had done 
work ariMuid that the preference, other things beiug equal ? — A. Yes, 
sir. 

Q. That left a pretty v.ide discretion, did it not .'—A. Y^es, sir; it did. 

By Mr. Jewett : 
Q. Had you any authority to determine whether you would pay the 
creditors of the Government in whole or in part! — A. No; I had no 
particular authority. 



TESTIMOXY OF JAMlvS A. MAGRl'DEK. 1351 

Q. The board bad established no rules for the payment ? — A. Xo, sir. 

Q. I think it ^vould be probably beneficial to you and satisfactory to 
the board if you would briny- here now your pass-books with the different 
banks showing- your deposits aud your credits, with the stubs of your 
check-books. — A. Yes, sir. 

Q. Will you brins them now ? — A. I will do so. 

Mr. Christy. There is a matter of evideiuie remaining unsettled, as 
I am advised. A portion of the written testimony that we introduced 
was objected to on the i)art of the committee, by reason of the fact that 
knowledge was not brought home to the board of public works as to 
the experience of other cities, founded upon experiments. We desire 
now to offer in evidence portions of a report nuide by William H. Chase 
to the coiiimon council and board of aldermen of the city of Washington. 

Mr. ^NlATTiNGLY. Who wasWiUiam 11. Chase"? 

Mr. CiiiiiSTY'. He was the gentleman Avho made the report to the 
then mayor (INIr. Emery) of the city. I want really to bring hotne 
knowledge to the gentlemen then connected with the city government 
of the contents of this report. I will call attention, so that the record 
may not be incumbered, to the portions of this report that we desire to 
olfer. It is a printed report. The i>arts of it to which we desire to call 
attention are not extensive. 

AVe desire to introduce iu evidence certain portions of a report made 
by William H. Chase, esq., to M. G. Emery, mayor of the city of Wash- 
ington, December 125, 1870, and submitted b}' M. G. Emery, as mayor, 
" to the board of aldermen and board of common council," January 9, 
1871, to wit, the fc^llowing portions: so much of this report as relates to 
wooden i)avements in Columbus, Toledo, Cincinnati, and Cleveland, 
Ohio; Chicago, 111.; Boston, Mass.; the cities of oS^ew York and Brook- 
lyn ; and also Philadelphia; and particularly we invite attention to the 
following statements in said report, to wit: 

From the foregoiug- statements you will learn that in the cities of Cincinnati and 
Toledo wood pavements have been far from a success, while in Columbus and Cleveland 
they exhibited unmistakable si^ns of early decay. In Saint Louis and Chicago they 
liave l)een eminently successful ; while in tlie other cities named, where they have 
been but recently put down, they meet with great favor, and have every indication of 
reasonable durability. (Page 528.) 

From these facts follows the conclusion that any process whicli tends to confine the 
sap in the wood (for we must use green wood) and exclude the air and external moisture 
from below, must be injurious ; and consequently immersing the blocks iu tar works 
their ruin. (Iliid.) 

In several cities they are using bnrnettized and kyanized wood to a limited extent ; 
while a few indorse, tlie majority liave but little faitli in these treatments. 

I slionld say that plain blocks of matured but vigorous timber, either wliite pine, 
white oalc, locust or cedar, free from sap, well put down upon a properly prepared 
gravel and sand foundation, the upper surface well covered witli a coat of tar, and 
an inch of very coarse saml, the who'e thoroughly graveled and rammed between the 
hlocks, is the best iiavement iu use. (Page 521).) 

We find that this communication was referred to a committee — that 
the govei-nor did them the honor to serve it upon them. 

I\Ir. Stewaiit. Have you copied all that which you wisli to have 
printed .' 

Mr. Christy. Yes, sir; unless gentlemen think that other i)arts ought 
to go in. So far as we are concerned, that is all we desire to olfer con- 
necting the fact so as to i)ut upon inquiry these gentlenuMi and charge 
them with disregard of the ex))erience of the other cities. 

Mr. Harrington. Wlio is Chase ? 

Mr. Christy. He is a gentlemaji in this city, still in (lie ciiiploy t>f 
the board of ])ublic works. I do not value the opinion much as an 



1352 AFFAIRS IX THE DISTRICT OF COLUxMBIA. 

opinion. We offer it, liowever, so as simply to advise them of these 
facts ; so as to put them upon inquiry. 

There is another matter showing the cost of trees to the old corpora- 
tion. On page 38(5, Journal of C8th Council, are certain specifications 
relating to the parking of K street. It is a contract made with Albert 
Gleason. On page 388 it is stii)nlated that for above work the said 
Gleason is to be paid the sum of $1.40 per tree, to include all the work 
necessary for planting, supporting, and renewing it in case it fails to 
grow. 

Mr. Wilson. What is the date ? 

i\Ir. Christy. That contract is dated September 12, 1870. The com- 
mittee will observe that the price charged for trees in some instances 
by the board of public works, as we learn from their tabular statement, 
and I now call attention to a statement on page 175 of the Eeport for 
X873 — that trees and tree-boxes are charged for at the rate of $(5. 

The Chairman pro tempore. The whole of the report referred to by 
Mr. Christy in his offer will be considered in evidence. 

H. C. Evans recalled. 
By Mr. Christy: 

Q. State the extent to which John O. Evans has been connected with 
any business with reference to the board of public works. — A. I do not 
know, sir. 

Q. What portion of that business have you had charge of as his 
book-keeper ?— A. Some part of the wood pavement and all of the con- 
crete — the asplialt concrete pavement. 

Q. Has he had any clerk besides yourself in his business relating to 
the board of public w-orks?— A. Not in that office. He has another 
office on the avenue, and I believe he testified that he had some contract 
in connection with Mr. Linville. Those books I know nothiug at all 
about. 

Q. Then vou have kept all the books except the matter of business 
he had with Mr. Linville?— A. Well, as I stated before, the books that 
I kept were in reference to the asphalt pavement ; also, of some portion 
of the wood pavement done by Mr. Evans. 

Q. Do you know Mr. Krebs ? — A. I do. 

Q. Do you know the nature of his employment ?— A. Well, he has 
been in Mr. Evans's employ a number of years. 

Q. Did he keep any books relating to business other than the private 
business of Mr. Evans?— A. 1 do not think he did. Not to my knowl- 
edge. 

Q. What is the name of the clerk that had charge of the business of 
Mr. Evans and Mr. Linville ?— A. Well, I do not know, sir. Mr. Thomas 
P. Morgan was em])loved in the office and employed on the street, both. 

Q. Then yourself and Mr. Krebs and Thomas P. Morgan have kept 
all the books of which you have any knowledge for John O. Evans'?— 
A. Yes, sir. 

Q. Produce the books that you have kept. 

[Witness produces the books.] 

A. Those are the books that relate to the wood pavement, I believe, 
entirely. 

Q. Now the others, if you please. 

[Witness produced other books. [ 

Q. Were you present during the examination of John O. Evans? — 
A. I was not sir. 



TESTIMONY OF ][. C. KVAXS. 13i)S 

Q. Did you see tiie books that he produced here .' — A. The.sc books 
are there that he i)rodaced here. 

Q. Those are the two '. — A. The two oash-books, one ni eaeli pile, [iii- 
dicatiui^".] 

Q. The first entry in the journal is July 3, '72 ? — A. That is of the 
wood pavement. 

Q. And that book was kept continuously by you ? — A. Yes, sir. 

Q. And this is in your handwriting":? — A. Yes, sir; there is not a 
pen-mark there but what 1 put on. 

Q. And these entries were made at the time they ]>urported to have 
been nuide according to their respective dates ? — A. They were. Thej' 
were entered on this blotter, and put on to that book the same day, or 
jierhaps some of thein the next day, or i)erhaps two days, if Sunday in- 
tervened. The books are substantially correct so far as that goes. I 
believe I was reported as having said, theotherday, wlien I was on the 
stand, that all tlie entries on these cash-books were made the same day 
that they purport to have been made, but I wish to qualify that a little. 
Tiie first few days on the first page (perhai)S a little nu)re) we were unable 
to get the books at the time, and we nuule nK'inoianda and they were 
entered on the blotter, and then on that book. Aside from that they 
have all been entered as I have stated. 

Q. ^Vlio were interested in the business recorded in those books? 
[Indicating.] — A. John O. Evans, Ilallet Kilbouru, and Lewis Clephane. 

Q, Do you know of any agreement in writing entered into between 
these i>arties expressing their several interests f — A. I do not. 

Q. Are there any memoranda relative to this matter in existence? — 
A. If there are they are in Mr. Evans's possession. 

Q. Have you any knowledge of them ? — A. I have not at all. 

(^. Have you ever seen any of the papers ? — A. I never have. 

Q. AVhy do you say if there are any they are in Mr. Evans's i)osses- 
sion? — A. Because they are not in mine — not in the ofitice, so far as I 
know. 

Q. Have you any reason to believe they are in his possession ? — A. 
!No, sir, I believe not, any further than he said himself. I believe he 
.said himself that he had a memorandum of these transactions. 

(^. Have you any statement of the condition of the business as to these 
>everal i)arties ; profit or loss? — A. ^o, sir, I have not. I believe the 
business has not yet been settled. There are some entries to go on to 
that book. I believe the lumber account has never been put on there. 
The thing has not been gone through with. They are not posted as to 
that. 

Q. You likewise kept these books ? [Indicating.] — A. I did. 

Q. And these entries were mad(? at tlu^ tiaieof uie dates that are here 
expressed? — A. Yes, sir; they were made on the blotter at tln^ time, 
and jnost of them ])robably the same day. 

(}. These are all the books relating to the business of J. O. Evans of 
which you have any knowledge? — A. Those contain everything tliat 
related.to it. To be sure there are a few ledger-accounts; but every- 
thing on the journal is on the ledger, ami everything that is on the 
ledger is on the journal. 

Q. And there are no other papers relating to this business of which 
you have any knowledge? — A. No, sir. 

Q. Did you keep any account of the business of John (). Evans and 
Teemeyer? — A. Xo, sir; I liad nothing to do with them. 

(). Who did ? — A. That was doiu* at the other ofli(;e. Tiial business 



1354 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Wiis done before I came into Mr. Evans's employ, in 1871, or most of it. 
I think tiiey Imd very little to do with liim after I came. 

Q. If they had any bnsiness with him it would be recorded in other 
books than those. There is no record of that business in the books 
kept by yourself ? — A. No, sir ; none at all. 

Q. You have stated yoiu^ entire knowledge in regard to those books ? — 
A. Yes, sir. 

Q. And the names of all i^ersons who have been in his employ as 
book-keepers ? — A. Yes, sir ; so far as these wood and concrete pave- 
ments go. I do not know anything about his private matters, and had 
nothing to do with them. 

Q. Those books you have never kept ? — A. No, sir. 

By Mr. Jewett: 

Q. Who kept the cash account of Mr. Evans? — A. It is in these 
books. I kept it. 

Q. Did you receive and deposit the money ? — A. Not all of it, sir. 

Q. Any of it"? — A. I think 1 did. I have deposited 

Q. Did you draw checks! — A. I filled up checks. Mr. Evans signed 
them, of course. I believe all the payments that were made in cash 
went through my hands, and I paid tbem myself, and also paid out the 
checks. They were left with me. He did not pay them out at all. I 
paid out the checks or money, whatever it might have been. 

Q. Did you keep the books froai your knowledge of the transactions 
or from memoranda handed to you by Mr. Evans 1 — A. The payments 
were all made from my knowledge. The different credits there, from the 
board of public works and others, of course I received from him. 

Q. Were there any payments made for material ? — A. Yes, sir. 

Q. The account for material was brought to you by Mr. Evans? — A. 
Either by him or sent me direct from the board of public works. 

Q. You are simply a book-keeper ?— A. Y'es, sir. 

Q.' And have nothing to do with their outside transactions ? — A. No, 
sir ; I have not. 

Q. Did the [)arties meet in your office for the purpose of discussing 
various business questions ? — A. No, sir; I do not liuow that I ever saw 
Mr. 

Mr. Haruington. Mr. Chairman, we have no objectioa (and Mr. 
Evans spoke to me in the absence of Judgd Black) to submitting his 
])rivate books to the inspectiou of counsel. He does object, however, that 
these books should b3 passed around and iuspscted by people who have 
no connection with this matter, and these gentlem3u ought not to take 
these books and examine them other thau where they are conuscted 
with that case. 

Mr. Christy. I understand these are books relating solely to his con- 
nection with the board of public works, and the exaiuiuation has not 
extended beyond counsel. I would like to have some explanatiou per- 
haps, also, as to the newness of this book. The first entry is made 
Monday, July 1, 1872. 

Q. (To the witness.) Who kept Mr, Evans's account with Zug & Co., 
the stone-crushing firm ? 

The Witness. In relation to the stone purchased of them, do you 
mean ? 

Mr. Christy. Y'es. — A. I did, sir ; you will find it on that journal. 

Q. And all those transactions appear in these books? — A. Y^es, sir; 
they all appear on the books. 



TESTIMONY OF 11. C. EVANS. 1355 

By Mr. Wilson. 

Q. How long- was Mr. Evans e!igMa\Ml in this work ' Here is one, lor 
instance, the ''wood pavement." You kei)t th.e books for the wood 
liaveuient, and for the asphalt or concrete f — A. Yes, sir. 

Q. How long- Avas lie engaged in that work f— A. Do you mean the 
wood-paveraejit work f 

3Ir. AViLSON. The wood pavement and concrete. They were both 
going on at once, were they f — A. ISf o ; the wood i)avenient commenced in 
July of that year, 1 think; the concrete was from the time they com- 
menced in 1871 in the fall, np to that time, and then they both went on 
from that date. 

Q. Were you engaged in anything else except these books ? — A. Xo, 
sir. 

Q. Did you begin keeping the books with the commencement of the 
v.ood i)avement and of the concrete? — A. Yes, sir. 

Q. You did commence at that time? — A. Yes, sir. 

Q. "When did you quit ? — A. I am in Mr. Evans's employ now. 

(). When did you get through with the wood and asi)halt pave- 
ment ? — A. The cash-book shows about the time — in fact all of the books 
show, I think — tliat is for that year, I mean. There was nothing done in 
the winter, of course. 

Q. The last entry on this •' wood-pavement journal " seems to be on 
the 10th of April, 1873. — A. Well, sir, that was, I presume for pave- 
ment. The work was stopped j>revious to that. Payments were made 
afterward as bills came in. During the winter they were paid. 

Q. Did you continue in his employ in connection with these matters 
up until that date? — A. Y^es, sir; and ever since. 

Q. Had you any other duties at the time you were keeping these wood- 
pa^ement and asphalt books? — A. None at all. 

Q. At wliat time did you say the concrete Avork began ? — xY In the 
fall of 1871, 1 think. 1 do not recollect exactly. 

Q. And continued until the lOtli of April, 1873 ; and during all that 
time you were engagedyin nothing else except keeping the books for 
that Avood pavement and concrete ? — A. That is all. 

Q. And that is all that you did in that length of time ? — A. That is 
all. As I stated before, I made these ])ayments, or most of them. 

Q. Those books indicate the payments you made"? — A. Yes, sir. 

Q. These books indicate the whole work that you did ? — A. Y"es, sir ; 
and the books are substantially correct. 

Q. Do you say that they are subs*:antially correct? — A. There may 
be possibly an error of a few cents, but the books are substantiall}' cor- 
rect. 

Q. Have you ever seen any books, papers, or memoranda i)ertaining 
to this business that you have not brought here '? — A. I think not any; 
I do not know of anything, or any particular memorandum whatever. 

Q. Why have these books never been closed u)) ? — A. The business 
has not been closed uj). 

Q. Is there anything in these books that will show the results up to 
the present time? — A. No, sir ; I think not. There are some entries 
there for lumbcu' that was purchased for the wood pavement that have 
not been entered yet The amount of the bills I do not know. 

Q. Is there anything on these books that will show the cost per 
square yard of this wood i>avement ? — A. Xo, sir. 

Q. Is there anything that will show the cost of the concrete? — A. 
No, sir. 



1356 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have you ever bad iu your possession any books, papers, or luemo- 
raiula tliat wonld show the cost? — A. No, sir, I have uot. 

Q, Have you ever seen any such ? — A. No, sir ; I think I have never 
seen any. I do not remember that I have ever seen any. I do not 
know that I ever heard Mr. Evans say what they cost. 

Q. Where was the office in which you kept these books? — A. On 
New York avenue, between Fourteenth and Fit'ieenth streets. 

Q. Was that otliee used for any other purpose than that ? — A. No 
otlier i)nrpose at all. 

Q. Did Mr. Evans have another office of the same kind ? — A. lie had 
an office on the avenue. 

Q. And kept sei)arate books and papers there, did he uot ? — A. Not in 
relation to this ]>avenient. 

Q. But iu relation to some other work? — A. A^es; his private bus- 
iness. 

Q. Did he k':^ep any books or ])apers there witii reference to work done 
here in the ]3istrict for the board of public works? — A. I could uot tell 
you that for I was not there. I had not access to that oftice. 1 was not 
ejuployed there. 

Q. Did you ,make settlements with the employes of Mr. John O. 
Evans? — A. Yes, sir. 

Q. Settlements were made at your office, were they? — A. Yes, sir. 
The money passed through my hands on all those payments. 

Q. Where did you keep your money? — A. The bank-account was 
ke])t at the First National. 

Q. Were you authorized to check on that money? — A. No, sir. 

Q. Did you keep the bank-books in your possession? — A. The bank- 
books were in my possession — yes. 

Q. Did you keep them in your possession all the while? — A. I do not 
know that they ever went out of my possession. 

Q. Have you them now ? — A. I do not know. I have not seen them 
for some time ; not since the First National Bank closed, or before that. 

Q. What did you do with them when they went out of your posses- 
sion ? — A. I do uot know that they went out. I have not seen them. I 
have uo recollection of where they are. 

Q. Do you not know where they are ? — A. I do not. 

Q. What did you do Avith them? — A. They were left with the other 
books, I suppose, in th'e office — moved to the other oftice, probably. 

Q. There have been books takeu out of your office aiid moved to the 
other ? — A. The office on New^ York avenue was moved last fall. The 
books in that office were moved down to the office on the avenue. We 
closed that office up. 

Q. There were books taken out of your office to the other office ? — A. 
When everything else was moved they were moved. 

Q. There were books taken '? — A. Those books were taken. 

Q. Where did you get these '? — A. Those books were taken from that 
office down to the other office. 

Q. Where did you get these books, when you brought them here ? — 
A. From the safe, in the office on the avenue. They came down from, 
the other office in the safe. They have been in the safe ever since, and 
1 have had control of them ever since. 

Q. Have you control of the bank-books now !— A. I have uot seen the 
bank-book. I presume it is in the safe, but I do not know it. 

Q. Have you control of it ? You say you had the control of these. 
Had you control of the bank-books also ? — A. I do not know whether I 
have or not. 1 do not know where it is exactlv. JMr. Evans may have 



TESTIMONY OF H. C. EVAN8. 1357 

it at his house or ill bis pocket. I ^lo not know aii.vthin<i- about it. I 
have not seen it since that time, but I presume it is in the safe. 

Q. You do not know, you sa.v, where it is exactly. Have you no 
kuow.le(ly;e of it whatever? — A. Xot since it left that office in the safe. 

Q. Have you never seen it since ? — A. 1 do not recollect that I have. 
1 may have. ^ 

Q. Have you any knowledfie as to what disposition has been made of 
it? — A. As I said before, I presume that it is in the safe, and I presume 
]Mr. Evans would have no objection to anybody seeing it. 

Q. Do you not know something about it? — A. 2s^o, sir ; I do not. 

Q. Not a thing? — A. No, sir. There has not been a word said to me 
about the bank-book since tlie First National Baidc closed. No person 
has intimaied a word to uie about the bank-book since the bank closed, 
in any way or shai)e. 

Q. Y'ou would recognize that bank-book if you were to see it, I pre- 
sume ? — A. Yes. 

Q. Will you see if you can get it and bring it to the committee? — 
A. 1 will do so. 

Q. What other books and papers were taken away from your office to 
the other office at the time you have spoken of, when the bank-books 
and these books went down there ? — A. All the books we had in the 
office. 

Q. What other books did you have ? — A. Time-boolvS and ledger, 
and I believe that is all. There were vouchers for bills paid. Every- 
tiiing was moved. 

Q. Were there any contracts '? — A. No, sir. 

Q. Did you ever see any contracts about your oflice*? — A. No, sir; I 
don't know that I have. I have no recollection of seeing any contracts 
there at all. 

Q. Were there any books or papers about that office which you were 
not permitted to examine ? — A. 1 do not know that there was. Every- 
thing was o[)en. 

Q. Please reflect about that a moment and see if you can remember 
whether there was anything there to which you did not have full and 
iree access '? — A. Possibly Mr. Evans may have had some private papers 
of his own that he would not submit to anybody. I don't know any- 
thing about that. I don't know that he had, even. The safe was open 
to me. 1 do not know of anything there that 

Q. Well, I ask you the <iuestion whether you had access to all the 
books and papers '? — A. I think I have answered that question. 1 said 
1 (Jid not know but that Mr. Evans may have had some private papers. 
I never examined to see. 1 did not look into his private matters at all. 

(^. Is it or not the fact that there were pai)ers there to which you did 
not have access ? — A. There were papers there that I never looked at. 

Q. Why did you not look at them '? — A. Because 1 had no occasion to. 

i}. Were there books and [»a])ers there which it was intended you 
should not meddle yourself with ? — A. 1 never was told so. I did not 
know anything of the kind. 

Q. Were there books and papers kept locked up in a place which you 
did not have access to'? — A. I believe there is a cash-safe, a cash- 
box — lock in the box — but it was not so as to be used. It could not be 
l(»cke<l. 1 think there was another little drawer that I had private of 
my own. 

(^ 1 am not sfieaking of those private to yourself, but of those from 
\Nliich yell were excluded. — A, Tiie private cash-box ha<l a lock, and we 
hatl never been able to use it at all. There was;. one in the new safe. 



1358 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

But we bad a safe, aud the books were for a few days kept in the desk 
—the books and all the papers that were there. 

Q. Do yon know what the whole amount ot Mr. Evans's wood-pave- 
ment contracts amount to ? — A. No, sir. , . -r 1 1 

Q. Did ]Mr. Evans sub-let the pavement ?— A. I have uo personal 

"o'^Look at this book [handing witness one of the books! and see if 
that" contains all the journal entries made on account ot wooa pavement 
laid by John O. Evans. . , i i « 

The Witness. Up to the time this book is closed, do you mean ^ 

Mr. Wilson. Yes. 

The Witness. Yes, sir. ^ n 

O Evom the time he commenced laying the wood pavement until 
that" dav '—A. So far as I was connected with it. As I said before, his 
connection with Mr. Linville is another matter. I had nothing to do 
with that. I do not know anything whatever about it. 

Q That contains all the journal entries with reference to the wood 
pavement laid by John O. Evans, except in connection with Mr. Lin- 
ville !— A. Up to this time. 111^ 

Q. Those are all the transactions of which yon have any knowledge .'— 

A. They are all on there. . ^ .. .■ p 4-i „4. 

Q. Is that footed up so that you can give us a correct tooting ot that 

book here^ Have you transferred the account to a ledger (—A. Yes, 

everything is on here that is on the ledger. E%wything on the 



Sir 



ledger is on here. 1 do not think the ledger is here. The cash-book is 
here. It is all on the cash-book. It shows the whole of the payments 

^'^Q.'^Why dkfnot you bring the ledger?- A. Mr. Christy only asked 
for the blotter and journal. . . 

Q. Has that a ledger separate?— A. Yes, sir; there is a ledger for 

Q. A separate cash-book !— A. Yes, sir ; the cash-book is here. [Wit- 
ness produces it, and hands it to Mr. AVilson.) There are two cash- 
books, the one for asphalt pavement and one for wood pavements. 

O is there anything unsettled with reference to these pavements, 
excepting the lumber bill ?-A. Yes, sir. I think there are some other 

bills not settled. i, a t +i • i^ 4■^.r.r.r^ ia 

Q. Do you know what they are— their nature?— A. I think there is 
some little material for the asphalt pavement and some labor at tlie ma- 
chine-shops here, or something of that kind— preparing the machinery, 
boilers, &c.— quite a large bill, I believe. . . ^ 

Q. How did you know what work came under your supervision ? 

The Witness. What, work on the street '• ^ ^ ^ , . 

Q. Yes, sir.— A. I know the men who are employed there, and knew 
where they wore at work. They were in the ofdce. 

Q. Then I will ask you to give me a statement of the work and 
the accounts you were to keep.-A. They are all included in these 
books. Do you wish me to name the streets ? 

Q. Yes, sir. I want to know what contract it was you were keeping 
the books for?— A. Eor the general asphalt work, wherever it was. 

Q. Well, the wood pavement ?— A. And that, wherever it was m 

connection with that company. , t ^-t • v o««io 

O Where was it ?— A. It was on rennsylvania avenue ; I think some 

of it from Eighteenth street out toward Georgetown— into Creorge- 

^Q^'You had some mode of knowing the parties that you had a right 



TESTIMONY OF IT. C. EVANS. 1359 

to settle with, did not you? — A. Yes, sir; I kept tbe time-book and 
Bitido out the pay-rolls and paid the men. Those books are in tbe 
oflioe. 

Q. J)id you have the contracts? — A. I did not have the contracts. 

Q. Who kept those? — A. 1 never saw them. I do not know anything 
about them. 

By Mr. Jewett : 

Q. When was the work on rennsylvania avenue completed — in wood 
pavements — the pavement accounted for in this ledger ' — A. I do not 
recollect exactly when they did linish it. I think it was commenced 
about the 1st of July, 1872, and finished in a mouth or two ; I do not 
know exactly when. That is, as far as Hock Creek bridge, and fluished 
it all, over to Georgetown, that tall — the whole distance. 

Q. Does this cash-book show the entire amount of money received on 
account of that pavement? — A. Yes, sir. As far as my knowledge ex- 
tends, it is all entered there. 

Q. You received nothing, then, after September, 1872 ? — A. If the 
books show that, it is so. 

Q. Your pa^'meuts continued until July, 1873 ? — A. I do not recollect 
the date. If the book states that, it is a fact. 

Q. You have no knowledge but what is on these books ? — A. In rela- 
tion to what ? 

Q. These accounts. — A. ]S"o, sir. 

Q. vlnd in relation to that pavement ? — A. No, sir. 

Q. Were you keeping any other accounts at the same time ? — A. Only 
these books that are before you. 

Q. Did that take nearly ail your time ? — A. No, sir ; it did not. 

Q. AV^hat proportion '? — A. I could not tell you that. 

Q. There is no difhculty in your telling that f — A. I think there is. I 
could not undertake to tell you what proportion of my time it took to 
keep these books. All I can say about it is, I had no other books to 
keep except those connected with this pavement — time-book, ledger, 
journal, and blotter. Those arc all the books there are, to my knowl- 
edge. 

Q. What salary were you receiving? — A. I do not know that I bave 
any particular objection to stating, but I don't know what that has to 
do with this investigation. 

Q. We will judge of that. What salary were you receiving? — A. I 
was receiving $100 a month. 

i^. Y'ou received $100 a month, for making, for one year, entries on 
one side of five pages of this book ? — A. No, sir ; I had some other 
A\ ork beside those five pages. 

Q. I asked you if you had any other work, and you said no. — A. I had 
no other work beside these books. I had othe^ work beside those 
, five pages. 

Q. What ? — A. The rest of the books before you. 

Q. In making the corresponding entries in the blotter and the journal 
and the entries in this cash-book ? — A. No, sir. Just keeping all tbe 
books connected with this business — time-book, blotter, journal, ledger, 
&c., writing corres])ondence. 

Q. What do you mean by &c. ? — A. &c. refers to any other writing I 
might do in connection with it — correspondence, perhaps. 

Q. Where is the other writing that you did in connection with it ? — 
A. I have written letters to parties in regard to material. 

Q. But, according to your statement, this work was completed on tbe 



1360 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

8tli of August, 1S7l>— ou the 22d of August, 1872. From the 22d of 
August, 1872, to July 18, 1873, you were not buyiug auy material? 
What work was then doue ? — A. I do not kuow that. I do not know 
as I was buying any tlieu. 

Q. The work was then done? — A. I do not recollect the time the work 
was completed; the books show about the time. 

Q. I am speaking now of your book. During that eleven months you 
made tliese entries according to your books ? — A. Yes, sir. 

Q. And nothing else ? — A. Eleven mouths from wliat time? 

Q. From August 22, when it seems the work was completed — August 
27, 1872. I do not know exactly the time when the work was com- 
pleted. September 7, 1872, is when your credit ceased. Tlien there is 
no entry from that date ou the credit side ; but between that date and 
Jnlv 18, 1873, are these charges or credits of payments made to indi- 
viduals. — A. Those are bills that were not settled until that time. 

Q. 1 understand you, that during that period your only service was in 
keeping these accounts? — A. I believe that is about all. I might have 
done some small matters outside, in regard to his private business, but 
nothing in relation to concrete or wood |)aveinent. 

Q. These entries you claim were m ide at the time and in the order of 
dates they purport to be made? — A. Yes, sir, I do. As I stated before, 
they were entered on the blotter, and put on to that book tne same day, 
perhaps the next day — not any further thau that; perhaps the second 
day, if Sunday intervened. 

Q. And that was the extent of your service ? — A. Yes, sir. 

Q. That pavement, then, according to your accounts, cost one hundred 
and twenty-one thousand dollars — cost sixty-three thousand dollars ? — 
A. That is an unsettled account yet; the books are not closed. 

Q. Who is that unsettled account with ? — A, There are lumber ac- 
counts to be added to that yet — a large item liere. 

Q. You have here an entry of an unsettled account with J. G. Moore 
& Co. for a bill of lumber, and one with B. (t. James & Co. What is the 
amount of those accounts ? — A. I could not tell you. 

Q. Why have they not been settled ? — A. Because I never knew 
what the amount was, yet. 

Q. Have the accounts ever been rendered ? — A. I do not know 
whether Mr. Evans has them or not; I never have had them. 

Q. How do you know there are such accounts ? — A. I know he could 
not lay dowu a wood pavement without lumber. 

Q. JHow do you know the accounts have not been settled by Mr. 
Evans? — A. Well, I judge so, or they would have been reported to me 
and put on my books. 1 should have known sometliing about it. I 
should have seen the bills. I have vouchers for the other things. I do 
not know anything about that lumber-bill at all. I have told you the 
extent of my knowledge in regard to it. 

Q. If you had those vouchers, did not you kuow the amount? — A. I 
have not the vouchers for the lumber. 

Q. You have just remarked that they were not reported to you ? — A. 
Ko, sir ; 1 stated that I had not the vouchers for the lumber. 

Q. You have just remarked that they were rei)orted to you. — A. I 
have the vouchers for the other charges — these other entries. 

Q. Then, if they have not been reported to you, do you know anything 
about them ? — A. I do not know anytbnig about tliem. 

Q. How do you know, then, there are such a(tcounts? — A. I know 
that he had dealings with those parties for lumber for wood pavement y 



TESTIMONY OF H. C. EVANS. 1361 

I know tbey must be entered on that book ; tlie memorandum was put 
there so that they need not be forjiotten. 

Q. AA'ho are J. G. Moore & Co. !— A. Lumber-dealers. I believe Mr. 
Moore resides in New York. 

Q. Who arc B. G. James & Co. ? — A. Parties who reside in Boston. 

Q. Have you ever had any conimuuicatiou with them ? — A. I never 
have had. 

Q. Have they written in regard to their accounts ? — A, I do not know 
anything about that, I am sure. 

Q. Tlien really you do not know that such accounts do exist ? — A. I 
have every reason to believe that such accounts do exist. I do not 
know it, because 1 did not see the transaction. 

Q. If these accounts, these entries were made on the same day, would 
it not be uatnral that on taking them from the blotter you would enter 
them in this book in the order in which they stand in the blotter! — A. 
Well, there may be instances in which it was not done so. I know of 
some instances where they were put on to the cash-book and were after- 
ward put on to the blotter, in order that they might not be omitted ia 
putting them into the journal. 

Q. You know of some instances in which they are put on the cash- 
book f — A. I think there are a few. .When the book was tirst started, 
especially the asphalt-book, they were charged directly on to the book, 
and then it was afterward concluded to put them all on to the blotter 
and put them on to the cash-book. 

Q. Were there any special instructions given to you about keeping 
these books ? — A. Not that I know of. 

Q. If there had been you would know it, would you not ? — A. I think 
I should. 

Q. Y^m think there were none? — A. Y^es, sir. 

Q. During the past year there would be upon an average three or 
four entries during a week, and sometimes two or three a day ? — A. Y^es, 
sir. 

Q. What would you be doing in the mean time ? — A. I do not recol- 
lect. I do not know that I would be doing anything. 

Q. Y^ou are very confident you were not keeping any other books f — 
A. 1 kei>t no other books. 

The Witness. Mr. Jewett, if you will allow me, I will just make one cor- 
rection here. Y'ou asked me how much a month I got for my services. 
I supi)Osed, from the question you asked, you thought that was an ex- 
orbitant price for so little work. I will state, in relation to that, that I 
should have said $1,200 a year, which amounts to the same thing. 
I think the agreement with Mr. Evans was that he should give me so 
much a year. Probably he did not know what the extent of the work 
would be, and, as I suppose, he does not care much whether 1 was 
employed every moment or not. 

Q. Who were E. B. Warner & Co. ? — A. ]\[en dealing in composition 
and coal-tar, over in Georgetown. 

Q. Did you have charge of all the books of J. O. Evans & Co.* relative 
to these various contracts ? — A. All in these books I said, before there 
were other contracts. Mr. Evans had contracts with Mr. Linville, I 
believe, to lay some pavement, but my knowledge only extends as far 
as this asphalt-paving company goes, and the wood pavement here is 
concerned. It was shown in these books; in connection with this — in 
relation to this matter — except the ledger and pay roll. 

Q. Where did you keep these books ? — A. At the otiice on New Y^'ork 
avenue. 

8G D c T 



1362 AFF.\IRS IN THE DISTRICT OF COLUMBIA 

Q Is that the only office that Mr. Evans had ?— A. ^^o, sir; he had 
another ofltice on Pennsylvania avenue, where it is now. 

Q. At the same time that this office was going- on ?— A. \es, sir; he 
lias had it for a number of years. ^^ .. , «i » 

Q. What business was transacted at this New lork avenue office?— 
A. ^This paving business, and no other. » v v • 

Q. In relation to this pavement reported to you .'—A. Yes, sir. 

Q. All the papers were kept there?— A. All that 1 know ot. I had 
renorts about it. I kept tliem all there. _ t , i 

O Did vou never see the accounts of lumber ?- A. No sir; I liad no 
account of lumber. Evans's lumber business was carried down to the 
otlier office. He has been largely engaged in the lumber business pre- 
vious to this company's organization, in any shape whatever, lor the last 

^^ O^ Did vou keep an account with the Pennsylvania avenue office of 
nnv kind '?— A. No further than 1 might have drawn checks down there 
sometimes, when they reported it to me to be entered at once up there. 
There were no book transactions between the offices at all. 

Q. Have you no papers connected with this work ot the asphalt pav- 
ine'company and the wood pavement? 
The Witness. What papers do. you refer to— to the vouchers I 
Q. Vouchers would be papers.— A. Yes, sir ; there are vouchers, i hey 

are at Mr. Evans's office. ^ , ^ m, 

Q Any other papers ?-A. No, sir; none that I know of There were 
no contracts, or anything of that sort. I have not any of them in my 

^'""crDiTVon have any bank-books there !-A. Yes, sir; the bauk- 

^Q Wn!o'kept that; do you have charge of it?— A. I had charge 
of it when we were up at the New York avenue office. 

O Drew checks ?-A. I didn't sign them. 1 filled them up nearly 
alw^ivs. The checks were drawn often payable to my order, and 1 paid 
out the cash on them. I paid the men on such checks as these. 

Q. Is that New York avenue office still open?— A. ^o, sir; it is 

''^q'' Where did you find these books?- A. I found them in the safe. 

cV Where '^— A. In the safe in the avenue office. We moved them 
down there last fall, as I have stated already, when we closed the New 

York avenue office. , t.„^„ 

Q. I wish YOU would bring here any vouchers or papers you have 
relative to this business.-A. We have vouchers, I believe, for every- 
thing that is on these books, but it would be something of a matter ot 
a iob to look them up. , 

Q. Have you any other vouchers except what are represented on these 

^^q' a"^ othe'i accounts?- A. No, sir; up to the last day on these 
books. 

By Mr. Wilson : 

Q. Who do you say were the parties interested in this work?— A. 
John O. Evans, Hallet Kilbomn, and Lewis Clephane. 

The Witness. I desire to make a statement, if I will be permittea. 
Mr. Christy seems to have thrown out a suspicion that the books may 
have been manipulated or altered . . ,. ^^ ^, „„<. ^f 

Mr. Christy. The witness does me injustice. It was the wane oi 
manipulation of the books of which I complained. 



TESTIMONY OF H. C. EVANS. 1363 

The Witness. I did not so understand it. 

The CuAiUMAN. You wiint to make some fuitber explanation about 
the books. 

"Witness. 1 want to say these books were purchased by mc befor<* 
these first entries were made in here, and that I made these entries all 
myself, from bei-inning* to end. Tliey have never been out of my pos- 
session from the time 1 first bought them. I have had complete control 
of them all the time, and there have bten no copies made from them, 
nor any additions to them, and nothing erased from them. They are 
the identical books, and explained the transactions as they occurred at 
the time. There has been no manipulation, or alteratiou, or new books 
got up for the purpose at all ; that is all moonshine. 

By the Chair3IAN: 

Q. ])o they explain all the transactions relating to the asphalt com- 
pany and the wood-paving company ? — A. They do to the extent of my 
knowledge. There are pay-rolls and other books that show the pay- 
ments to the men, &c. 

Q. Did you keep those ? — A. Yes, sir, I have them. 

Mr. Wilson : 

(}. Then these books will show the entire cost of this asphalt and 
wood pavement that has been laid down by Mr. Evans? — A. They will 
not show the entire cost of the wood ])avement. 

Q. Except the lumber? — A. Yes, sir. 

Q. They will the asphalt ' — A. As far as I knowj they will. 

By Mr. Chuisty : 

Q. You say you conducted the correspondence of John O. Evans in 
relation to this matter of wood pavements? — A. Not entirely. 

Q. A part of your time? — A. I don't know that I said I did at all in 
relation to wood pavements. 

Q. I understood you to say that a part of your time may have been 
occui)ied in corresponding. — A. Yes, sir. 

Q. I w ill ask you if those gentlemen who furnished the wood for that 
pavement — the persons you have named — have written no letters to your 
office on the subject of the payment for that wood ? — A. Xo, sir. 

Q. They have been paid ? — A. 1 do not think they have. 

Q. You say that you prepared the checks, but that they were signed 
by John O. I'^vans ? — A. Most of them were. 

Q. The checks relative to this business ? — A. Yes, sir. 

Q. Can you say whether they have been paid any portion of the cost 
of the lumber furnished for this wood pavement ? — A. I do not know 
whether they have or not. 

Q. That has not beeu tlie subject of discussion in your oflice ? — A. 
Not at all. 

Q. Now, do you know from what source this lumber was obtained 
that went on that pavement ? — A. Pennslyvania avenue? 

Q. Yes, west of Eighteenth street. — A. I do not know. My im- 
])ression is that it was obtained from INlr. Moore, apart of it 5 I do not 
know how much. I got some from both parties. 

Q. You say that the lumber-account was kept at the other office ? — 
A. Yes, sir. That John O. Evans was largely engaged in the lumber- 
business. 

Q. You have beeu in the office for years. Do not you know, in fact, that 
this lumber came from ]Mr. Evans's yard, and not from those i)arties ? — 
A. I do not know any such thing. 



1364 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Do not you know that it was not treated lumber? — A. No, I sir; 
do not. My opinion is that it was treated lumber. 

Q. Give us the basis on which you fouud'-that opinion, that it was 
treated lumber, if you have uever had any correspondence with these 
parties and know nothing about the matter, — A. 1 have always under- 
stood it was treated luml)er. 

Q. From whom ? — A. From parties on the street working the lumber. 

Q. From Mr. Evans ! — A. He did not lay it. 

Q. Did you ever inspect the lumber? — A. I did not. 

Q. Give us the names of the parties who said that lumber was 
treated. — A. I could not do that. I did not charge my memory with 
who the persons were, as it has always been regarded and talked of as 
treated lumber. Everybody supposed it was, and I have no doubt it 
was. 

Q. And yet you have no reason to assign why you believe it was 
treated lumber, except from the mere statement of the parties whose 
names you do not remember ? 

Mr. Mattingly. You proved, yourself, it was treated. 

Mr. Christy. We proved it was not treated. 

Mr. Mattingly. You proved it was. You had one of the blocks 
produced here. 

Mr. Christy, One block was treated superficially. 

Mr. Mattingly. Superficially all over. 

Mr. Christy. It was green lumber. 

A recess was here taken until 2 o'clock. 

The committee re-assembled at 2 o'clock p. m. 

Mr. Starkweather, a member of Congress, appeared before tlie com- 
mittee and stated as follows : 

Mr. Chairman, I want to say a word to the committee. This is 
the first time I have been in the room. I have been engaged very 
busily on the Appropriation Committee of the House. 1 have read 
but little of the testimony taken by this committee. I have beeu 
too busy to do so. The most of it I have glanced at. Before the 
investigation commenced, in one or two papers there was something 
said in disparagement of the former District Committee. 1 said 
to the chairman of the conjmittee ou the part of the House, (Mr. 
Wilson,) as soon as this committee was appointed, and I have said to 
other members of the committee, that if there was one word of testi- 
mony here offered by anybody, or a claim by any counsel for the prose- 
cution affecting my conduct as a member of Congress or with the 
former District Committee — if there was a claim of anything that 
affected my integrity — I wanted the privilege of being here, and I 
would be ready to answer it in five minutes. Now, I have not had 
a chance to read this testimony. This is what I have said to the 
chairman on the part of the House, and what I say to Mr. Christy now, 
the first time I have met liim, if any member of the prosecution, either 
the counsel or any member of this committee, find one syllable in the 
testimony implicating my conduct, I am ready to answer it at any time 
in a minute, and would thank the committee to give me that oppor- 
tunity. Of course, I do not want to take your time up unless that claim 
is made ; but should it be made at any time in the course of this inves- 
tigation, I would thank the counsel and the committee to send for me, 
and I will ask no delay at all in meeting that question. I do not wish 
to take up time unless it is made. 



TESTIMONY OF C. H. EVANS. 1365 

Mr. WiLSOiSL There lias not been a syllable of testimony rettectiug 
u{)oii you, Mr. Starkweatlier. 

Mr. Starkweather. If tUc claiin is made, wbetlier it is offered in 
testimony or in any way, 1 would like to be informed of it. 

The Chairman. I will say to you, Mr. Starkweather, that, so far as 
this committee has any knowledge, no evidence affecting you has been 
given, and I have heard no intimation from any counsel for the memo- 
rialists or any gentleman connected with the investigation that you were 
in any way involved in our inxestigation. 

Mr, jNIekrick. The counsel for the memorialists have no concern with 
Mr. Starkweather at all. 

^Ir. Starkweather. I did not know, as 1 had not read the testimony-, 
what claim would be uuide after the case was through. 

Mr. Wilson. If there had been anything of the kind, I should have 
given you notice, Mr. Starkweather. 

Mr. Merrick. There has been nothing, certainly, from counsel for 
memorialists that would justify any such suggestion. 

Mr. StarivAVEATIIER. I siujply made the suggestion because, when 
tlie testimony was closed, not having a chance to read it day by day, 
1 did not know but some claim might be made. 

Mr. Christy. I understand from Mr. Starkweather that he did 
not know the direction this inquiry had taken, nor could he ascertain 
without reading this volume, (indicating volume of testimony taken be- 
fore this committee.) which I would not ask that he should do, because 
we can advise him that no alhision whatever has been made to him. 

C. II. Evans recalled. 

]\Ir. Christy. I desire to read this paragraph from the testimony of 
John O, Evans, and then direct the testimony of C. II. Evans to it, and 
with that I will tinish our examination of C. II. Evans. On page 312 of 
the re])ort of the ])resent committee, the following question was asked 
Jolin O. Evans : "What amount of asphalt had you bought, or did you 
pay for the asphalt bought to be used in laying the pavement in front 
of the Freedmen's Bank building ? — A. I do not recollect, sir. I think 
we bought about two huiulred tons about that time. It was not all 
used there, though." Now, I desire to ask Mr. C. H. Evans to point 
out among the entries in these books any quantity whatever of asphalt 
purchased by J. O. Evans, or by the Washington Asphalt Company. 

The Witness. Well, sir, if it. was paid for it is on that book, there 
is no doubt. 

Mr. Christy. Point out any items showing the purchase. 

The Chairman. Take these books, and see if you can find any 
entries of the purchase of asphalt. 

Mr. Christy. I would like to have his attention directed also to the 
quantity of coal-tar i)urchased from the Ualtimore Coal Company. 

The Chairman. -Mr. Christy, upon a hasty examination of these 
books, I lind a great many items of coal-tar. 

]Mr. CiiiMSTY. IJut none of asphalt. ^Mr. Evans lays the foundation 
by going into a disquisition about asphalt and bitumen from Trinidad 
and Cuba ; and I want to see where the asphalt appears on tlie book. 
There is evidence that a good concrete pavement could not be laid 
without having asphalt. 

The Chairman. Is that the only question that you desire to put to 
the witness i? 

Mr. Christy. Yes. 



13G6 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The chairman here directed the witness to take the books aside and 
make a thorough examination of them in the manner requested by Mr. 
Christy, and hereafter report to the committee. 

James A. Magruder recalled. 
By Mr. Merrtck: 

Q. You had expended, as I see by your reports, up to November, 
187L* five millions and some odd thousand dollars.— A. Yes, sir. 

Q. Had you, then, any moneys remaining in your treasury independ- 
ent of the appropriation which you anticipated from Congress ^— A. ^o, 

I guess not, sir. -, -^ ^ ^^ -^ j 

Q. Then, the appropriation of $1,240,000 you deposited equally, if I 

understand you, in the two banks?— A. My bank-books will show that. 

I cannot speak from recollection so far back as that. 

Q. Substantially, you deposited it?— A. I think so January 11, i 

deposited in the First National Bank $020,753.14. 1 deposited this 

$020,000 in the National Metropolitan Bank January 20. 

Q. That is, you deposited nearly equally m the two banks '^— A. les, 



sir. 



Q. Now, of the amount that you deposited in the First National Bank, 
what proportion did vou pay in checks to the cashier of that bank upon 
those certificates which they held ?-A. That I cannot tell without look- 
ing over the checkbooks. 

Q. Cannot you give an approximate statement ot u .^— A. ^o, i can- 
not. By looking over the check-books I can tell. 

Q. Can you give an approximate statement of how much you paid to 
the Metropolitan Bank?— A. No, 1 cannot, without going over the 

check-books. .,. t ■ t •*., +i,-. 

Q Cannot vou state from recollection, withm reasonable limith, tue 
proportion of"^the amount you had in these respective banks that you 
paid upon checks to those banks ?— A. I cannot. . ^ • ^i 

Q. Can you form no idea of the amount ?— A. ^ot the remotest in the 

Q Are you not aware that the banks insisted upon your paying these 
amounts which thev held under these certificates ?— A. Certainly, sir. 
Thev did not have to insist upon me. We paid them most cheertully. 

O". You paid them in preference to all other parties ?— A. les, sir; 
very gladlv ; and in preference to all other parties, for the simple reason 
that we had gone there, and asked them to help these contractors along, 
so that they could go on with the work. 

Q. And you paid them all they held, whatever the amount was '.—A. 
I do not know that we paid them all. That I cannot speak from recol- 
lection. , , . r- ^1 1 ^•<-., 

(). Y(m paid them all that they held to the extent of the deposits 
that you had there, did you ?-A. U, no; because we paid a^ great many 
other people out of those deposits. They did not hold one-fourth ot the 

amount. . , . j ,,^4. 

Q. I asked vou if vou could not state approximately.— A. 1 cannot 

say within thirty, forty, or fifty thousand dollars. _ ^, ^, , . 

Q. Can you sav within $70,000?— A. I can by looking tor those check- 
books, but 1 cannot from recollection. With.a hundred or two ot people 
to me every day, I could not speak of a thing of that kind from recollec- 

^'^Q. No ; but then the general fact of the large payments to these 



TESTIMONY OF JAMES A. MAGRUDER. 1367 

banks, aiul flie preference given . A. I tliiiik, probably, that there 

was $150,000 in eacli bank. 

(}. Xever more than that ? — A. I do not think there was, excepting 
this : that we were over-checked in each of the banks. Of conrse, that 
deficit went against the over-check. 

Q. How nincli were yon overcliecked in this bank? — A. Some $300,000, 
I tliink. V>y looking at the report of 1S72 I can tell yon exactly. 

Q. The last item in the receipts is 8-21,000 .' — A. Yes, sir ; that is it. 
Of conrse, that Ave made good. 

Q. When did you make that good ? — A. We made it good when this 
deposit was made. It is S221,GoG.S!). 

Q. If you made it good at that time, how does it happen that your 
ontry of that balance in your expenditures is found in your account ot 
the date of 27th October, 1873 ! — A. Because I had to i)ut that in. 
There were no ])apers passed or anything of the kind. The check-books 
.showed that the checks were drawn, and when I came to make up my 
report, I was entitled to a credit for that 8221,630.81), having made it 
good. 

Q. Bnt, then, when you come to cliarge yourself with receipts at the 
particular date, there being a i>ayinent out by you at that very time of 
two hundred and twenty-one and odd thousand dollars, why did not you 
€uter that expenditure of 8221,000 which is found on page 109 of the 
report of, 1873 .■ Why did you not enter that debit against yourself as 
of that date when it was passed to the credit of the bank out of that 
deposit which you then made ? — A. Well, I cannot state why I did not. 
I have got a book-keei)er down there who keeps my books, and he 
.called my attention to this fact in making up the report. Says he, 
''Here, you have charged yourself in your receipts with $221,000." 
"Well," says I, " that having been made good, must be credited to me 
as a matter of course, must it not 'P^ He said "'yes,'' and he credited it 
of that date. It was just as easy to put it into the report. 

Q. Was not that necessarily brought to your attention at the time 
you were drawing upon this fund in this bank, when you had exhausted 
the balances ? — A. 1 do not know that it was particularly. 

Q. If it was not, then you must have drawn to the whole extent of 
live 8021,000 ?— A. No; 1 did not draw to the extent of the 8021,000. 

Q. You left the money lying in the bank, without any note of it. 
Were you not importuned l)y creditors all that time? — A. Yes, sir. 

Q. And yet having this fund there and not transferred to any other 
account? — A. My bank-book would show that I had not the money 
there, at once. 

(^>. But here is your account of expenditures. — A. Exactly ; my ac- 
count of expenditures is there, and my receipts are there. 

Q. When you nuike your acconnt of ex[)enditures, do you not put the 
exi)enditures at the proper date aiul time that it occurs. How can a 
man keep books otherwise, if he does not put so large an item itito his 
debit and credit account for nine mouths after it occurred ? — A. The 
books show exactly what I have paid and what I received. 

Q. They ought to. — A. They do it. They show what I receive and 
what has been i)aid out, ami there is a voucher down in the office for 
every payment I made. That ought to have been credited to me when 
the money was in bank. 

Q. I find at page 147 of the report of 1873, under date of August 5, 

certain paynuMits which I would like you to explain the mode of. 

"William Fh'tcher, for certifi(;ates of indel)tedness of various numl)ers, 

^10,000; ditto, T street, northwest, extra work, 8l,120..30; ditto, ditfer- 



1368 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ence in price of brick, $810," and so on. — A. About a year ago, the 
board, having no money, determined to cut up certificates of the auditor 
into smaller certificates of $100, $200, and $oOO, and made them receiva- 
ble for special assessments on streets. 

Q. Was that by an act of assembly? — A. No, sir; it was by an order 
of the board. Those certificates were signed by the auditor, hy the 
secretary of the board of pnblic works, and by myself, as treasurer. 
When a man came into the ofl^ice with a lot of auditor's certificates, and 
asked to have them converted into these certificates, they were so con- 
verted. This payment of William Fletcher for certificates of indebted- 
ness of various numbers, $10,000, was those small certificates. 

Q. And the five or six entries following it are of the same class? — A. 
No; I don't know about the others. 

Q. You say "ditto William Fletcher." — A. Yes; but it says expressly 
what for, there. No, those were not; those were the auditor's certifi- 
cates. "P street, southwest, extra work, $1,120.50," that is an auditor's 
certificate. The $810 is an auditor's certificate. The $255 is au 
auditor's certificate. The $9,756.30 is an auditor's certificate, and the 
$20,980 is an auditor's certificate. 

Q. And the $8,469 is an auditor's certificate, too? — A. Yes, sir. 

Q. Then you did not uniformly cut up these certificates into sums of 
from $100 to $500 ?— A. Whenever the parties asked it we did it. 

Q. It was only at the request of the parties? — A. Yes, sir. 

Q. For the purpose of making them negotiable? — A. Making them 
so that they could use them in smaller sums and get a better price for 
them. 

Q. I see an item of the 21st of August, 1873, cash paid Governor 
Shepherd, judicial expenses to New York, $269. What was that? — A. 
That was the certificate of Governor Shepherd's expenses to New York. 

Q. For what purpose? — A. I do not know. Mr. Shepherd can answer 
all those inquiries. 

Governor Shepherd. It was to bring Mr. Dana here. 

Mr. jVIerrick. The board of public works, then, paid the expenses of 
Mr. Magruder to go to New York to bring Mr. Dana ? 

The Witness. No, sir ; I did not go to New York. 

Q. Mr. Shepherd did go ? — A. Yes, sir. 

Q. That was under a public prosecution against Dana, for a libel, or 
somethiijg of thai, sort ? — A. Yes, sir. 

Mr. Harrington. I want to explain it here. There was no means 
of payment of the expenses of witnesess to go there; and but so far as the 
public oflicers were concei-ned, there was not a dollar of it paid to them. 
They simply had to pay their expenses as witnesses, because I would 
uot take it out of the Treasury of the United States to pay it. 

Mr. Merrkjk. This was paid, then, for witness-fees ? 

Mr. Harrington. No, sir; expenses of witnesses to go on in that 
prosecution. It was a direct charge made against the executive officer 
of the board. I went to New York in my capacity as a public officer, 
but for that there was not a dollar paid, of course. 

Mr. Merrick. That is, this $209, as 1 now understand by Mr. Har- 
rington, was a payment} of $269 on the part of the board of public 
works for witnesses conveyed by them to New York to maintain a i^ros- 
ecution against Mr. Daua, ^the editor of a paper, for certain libelous- 
matter contained in his paper. 

Governor Shepherd. Against au executive officer of the board of 
public works. 



TESTIMONY OF JAMES A. MAGRUDER. 13G9 

By Mr. Mekeick : 

Q. Yon say you paid out no certificates uutil after tlie mouth of July, 
1878. All your payuieuts were in money up to that date f 

Mr. Magkuder." With the exceptiou of some siuking-fuud bonds 
which I stated yesterday. 

Q. You had not paid, then, any portion in certificates of assessment 
prior to that time '! — A. 2S"o, sir ; we sold the certificates of assessment. 

Q. Y^ou sold the certificates of assessment prior to that time"? — A. 
Yes, sir. 

Q. And realized the money on the certificates of assessment ? — A. 
Yes, sir. 

Q. I observe at page 507 of the testimony au account rendered by you 
of the bonds and certificates which were sold by you. — A. Yes, sir. 

Q. One hundred and seventy-three thousand two hundred and fifty 
dollars of special-improvement certificates, issued as per act of the legis- 
lature, at ten and one-half per cent, discouut ? — A. Yes, sir. 

Q. xVre those certificates issued against the property? — A. No, sir. 

Q. What were they ? — A. They were District bonds. 

Q. You have got them " special-improvement certificates." Here is 
$185,000 bonds; then there is 8173,250 of special-improvement certifi- 
cates. "SVhat were they ? — A, Those were the little oue-hundred-dollar 
bonds issued. 

Q. Those were the certificates of indebtment, then, and not the certifi- 
cates of assessment? — A. They were not the certificates of assessment. 

Q. Thirty-three thousand six hundred dollars of sewerage-certificates 
issued, as per act of .the legislature of June, 1873, at ten per cent, dis- 
count. Those were in a like manner certificates of indebtment ? — A. 
That is all ; not against the property, of course. 

Q. Then this $771,201.30 of assessment-certificates, what are they? — 
A. Those are the certificates against the property. 

Q. Not the certificates of indebtedness I — A. iS"ot the certificates of 
indebtedness. 

Q. ^Vere they certificates against the sewerage or against the other ? — 
A. Not against the sewerage ; against the special improvements. 

Q. When were those certificates issued? — A. At different times. 

Q. Were any of them issued subsequent to the 2Gth of May, 1873, 
those that you sold ? — A. 1 do not recollect. I do not think they were. 
I am certain, though, about that. 

Q. Can you ascertain whether they were or not ? — A. Yes, sir. 

i). What have you done with all the other assessment-certificates 
issued under that law ? — A. We have not had any other. 

Q. You have had none others except this $771,000 ? — A. No, sir. 

Q. Have you disposed of all that you had ? — A. All that have beeu 
issued. There are a great many to be issued. 

i}. Have you had any assessment-certificates against the property 
under the sewerage-act? — A. No, sir; we have not issued any. 

Q. I would be glad if you would ascertain it and state to me how 
much, if any, of these $771,201.30 of assessment-certificates were issued 
subse(iuent to the 20th of May, 1873. You say jou can do it. — A. I 
can ; an<l will do so. 

Q. To whom were these various sales of special-im[)roveinent and 
sewerage certificates made? — A. To the First National l>ank of New 
York. They were out-and-out sales. 

Mr. Wilson. Does he give the amount, Mr. Merrick? 

Mr. Merrick. He gives the amount on page 507 of the testimony. 



16 iO AFFAIRS IN THE DISTRICT OF COLUMBIA, 

The Witness. It is iu the governor's answer. 

Mr. Merrick, (to the witness.) Is there any authority of law author- 
izing the sale of these assessment and sewerage certificates ? — A. [ do 
not know of any. 

Q. By what authority, then, or by whose advice and direction, were 
those sales made ? — A. By the authority of the board. 

Q. By the authority of the board of public works ? — A. Yes, sir. 

Q. Was there a resolution to that effect made by the board of public 
works ? — A. That I do not remember ; but I had the authority of two 
members of the board besides myself, and probably three. 

Q. What duties as a member of the board of public works did you 
perform besides that of treasurer of the board of ])ublic works "? — A. I 
was in the of&ce answering questions, referring papers in the absence 
of other members, conversing with people who came there, a large 
number of them everyday; and very often I went out on the work, 
looked at it, consulted with other members of the board in relation to 
contracts, and in relation to Avork to be done. 

Q. You performed active duty as a member of the board of public 
works independently of the duty which you performed as treasurer ? — 
A. I did, sir. 

Q. You were paid a salary as a member of the board of public works 
of $3,500 a year ? — A. By the Government. 

Q. And also a salary of $2,500 a year as treasurer of the board ! — A. 
Yes, sir. 

Q. Neither of these then engrossed all your time ? — A. W^ell, the two 
offices engrossed my time from early morning uutil very often midnight 
— very often. I probably had less leisure than almost any man iu 
AVashington. 

Q. Now, subsequently to the month of September, 1873, how have 
you made payments to contractors and other creditors of the board of 
public works ? — A. Well, we have made tliem, some in money, when 
we had it, and in these sewer-certificates and special-improvement cer- 
tificates. 

Q. And the proceeds of the sales of these sewer and special-improve- 
ment certificates "? — A. Yes, sir. 

Q. Did you pay them iu the certificates at par ? — A. Yes, sir; invari- 
ably. 

Q. Then, if you paid them in certificates at par, why did you sell some 
of the certificates at this discount, and pay the money to some ? — A. 
Because we had borrowed the money from the Eirst National Bank to 
be paid to them in assessments upon the property. After the legislature 
passed a law authorizing ns to issue these certificates for si)ecial im- 
provements — to anticipate them — the law required that from and after 
that time all assessments made by the board of public works u[)ou pri- 
vate property should be placed in tlie hands of the sinking-fund com- 
mission. To enable us to settle with the First National Bank, we paid 
them these certificates at that discount. 

Q. Then, they were not sales to the First National Bank ? — A. They 
were sales in all 

Q. But payments to them at this kind at a discount ? — A. Exactly. 
It was the same thing as a sale. 

Q. But the actual fact was, that it was a payment to them of the 
debt"? — A. Yes, sir; it was a payment to theui of a debt that we owed 
them. 

Q. In these payments that you made out of the $1,210,000 appropria- 
tion bill to the National Metropolitan Bank and to the First National 



TESTIMONY OF JAMEvS A. MAGRUDER. 1371 

Bank, were not these in point of fact also payments to the bank, sub- 
stantially, because had they not l)Ou<;lit in siibstance these certificates 
at these'vaiions discounts?— A. No, sir; they had not bought one of 
them ; they had loaned money on them to our contractors. 

Q. What other secnrity had they for the payment of those loans, 
except these certificates '! — A. I do not know. 

Q. They held these certificates?— A. They held these certificates. 

Q. And when the certificates were redeemed, that canceled the obli- 
gation of the contractor to the bank? — A. No. I understand that they 
did not give them the anu)nnt of the certificates, nor anything like it. 
They would lend to him ])rol)ably fifty, sixty, or seventy-five cents on 
the (lolhir, holding the certificates as collateral foi- the i)aymeut of the 
debt. 1 iiri'sume, without knowing, that they took his not eat the same 
time. 

(}. Do yon know any instance in wliicli they ever paid over any sur- 
plus to one of these men ? — A. No, sir ; I do not know it, but I have no 
doubt that you can bring up fifty men who will tell you they did. 

Q. You know nothing about it ? — A. 1 know nothing about it. They 
are gentlemen, and I took their word that they had not bought these 
certificates, and I do not believe to-day that they did. 

Q. You have stated already to us, I believe, that you had no rule by 
which you i)aid contractors, but paid those who first obtained access to 
you ? — A. i have stated that, sir. 

Q. Was your office equally open to all contractors? — A. Xo, sir; it 
was not open, because I could not kee[) my door open. I could not 
have done anything if 1 had. 

Q. Then you only admitted such persons as you chose to admit? — A. 
Just as fast as I got rid of one man I would say "IJring in aiu)ther." 

Q. You made no discrimination? — A. None, unless it was in some 
particular case. 

Q. You nuide no preference of audience as to those who came to 
claim the payment of their bills? — A. No, sir. 

Q. I find on the stubs of your checks here, on March 17 an 1 March 
18, an aggregate of about $329,000, all paid to Closes Kelly, of the Na- 
tional Metropolitan Bank? — A. Y^es, sir. ■. 

Q. Out of what approi)riations Avere they paid ? — A. They were paid, 
I guess, out of the million-dolhir appropriation. 

Q. Out of the appropriation of the od of March ? — A. Yes, sir, I 
>]iould Judge so. 

(}. 1 do not find that you have charged yourself with the receipt of that 
a])propriation until the L'Othof Marc]i,a('cording to your books: " 20th of 
March, United States (rovernment, $1,100,0()6."— A. It possibly might 
not have gone on the books. Very often my old book-keeper is sick. 
He is very reliable, one of the best book-keepers in the world, I reckon, 
and when he is not there 1 put my papers in the safe. When he comes 
I hand them to him and he charges them. But the account will show. 
Y'ou have got there in the (iovernor's Answer what will show just wheal 
received the money. The Governor's Answer will show when I received 
that money from the Treasury of the United States. 

Q. Did you dedicate that appropriation made by the Government to 
the payment, exclusively, of these contractors who had done the work 
upon the Government property ? — A. I do not know that I did. VVe 
had paid those contractors a good deal of that money before we re- 
ceived it. 

Q. You had i)aid those contractors a good deal ? — A. Yes, sir; we 
bad paid a good deal of money out of this approi)riation for Govern- 



1372 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ment work before we ever received the money — a good deal of iiione}' — 
which, of coarse, we were entitled to when we did receive it. 

Q. Then you did not discriminate in your payments, and preserve 
enough of that fund carefully to pay to those contractors who had done 
the work upon the Government reservations f — A. No, sir. 

Q. But you used it indiscriminately to people? — A. I paid it indis- 
criminately, just as people wanted it. 

Q. If you had already paid out to other persons, where did you get 
money to pay them, inasmuch as all your assets had been exhausted ? 
— A. A good deal of this money that had been expended around Gov- 
ernment property was paid out of the four-million loan, and had been 
due, say, for six months or a year. We never neglected Government 
property when we made any improvement on a street. We went right 
along Avith it. We did not stop because they had not made an appro- 
priation. We went right on with our improvement. 

Q. You made the improvements in advance of the appropriation? — 
A. Yes, sir ; on Government property. We have done that again. They 
owe us a good deal of money now. 

Q. Why should you do that in tlie face of the act of January 10, 1873, 
which expressly prohibits your contracting any obligation on the part 
of the Government? — A. For the siuiple reason that in improving a 
street we cannot break and leave a square in front of Government prop- 
erty unimproved. In laying a sewer, for instance, the sewer wouUl be 
worthless all above the Government proi^ertj^, if it was stopped there. 
It would be of no use in the world to the people above. 

By Mr. Wilson : 

Q. Wa3 there any such necessity as that existing for n)akiug the im- 
provements between the Patent-Office and the Post-Office? — A. I thiuk 
there was. We were improving Seventh street. 

By Mr. Tiiukman : 

Q. I want to get a clear idea of the amouut of taxation and of revenue 
in the District. 

Q. As I understand the laws of the District, the taxes are assessed 
by act of the general assembly. Tlie general assembly declares what 
the taxes shall be, and by tlie law those taxes are payable by the end of 
the fiscal year, June 30, 1870. — A. If you will excuse me, I have noth- 
ing to do with that portion. 

Q. If you know the fact please state it. — A. The governor can explain 
all that to you a great deal better than I can. 

Q. You are not able, then, to explain it? — A. No, sir. I do not know 
about those things at all ; but anything in relation to the board of public 
works, or any laws in relation to it, I would be very glad to answer any 
question in regard -to. In regard to the other matter you can get 
much more intelligible answers from him than from me. 

Q. Very well, then, I will reserve that for his examination, and go to 
another matter. In what mode have the assessments against private 
property for improvements been made — that portion of the cost of the 
improvement that is payable by an assessment upon the property of in- 
dividuals — property of individuals adjacent to the improvements? — A. 
When a street is finished, or an improvement is finished, we take the 
account of the cost of that street, the whole cost of that improvement, 
which is got in the auditor's ofiice from payments that have been made, 
and from estimates that have been furnished by the engineers. 



TESTIMONY OF JAMES A. MAGEUDER. 1373 

Q. The auditor of the board of public works ?— A. Yes, sir; he has 
all the accounts against every contractor iu hisottice; and we never 
make the assessment until we find out exactly what the street has cost. 
Then the surveyor takes that cost and divides it among- the front feet, 
running- front ti^et, on each side of tlie street, charging^ each side Avith 
one-sixth, making one-third of the whole cost. 

Q. Charging- one-sixth of the cost per front foot? — A. Yes, sir; one- 
sixth of the cost. 

r>y ^fr. Bass : 

Q. Deducting- exempteil property .'—A. Yes, sir ; church-proporty is 
oxenipt. Of course he cannot charge on that, because it is a law of 
Congress that they shall not pay special or general assessments. He 
finds out the whole cost, and then takes the whole number of feet on 
the street, and divides the cost by the street, and charges each party 
one-sixth. 

Q. Then the effect of that is that two-thirds of the improvements are 
paid out of the general tax? — A. General fund of the District. 

Q, I do not speak now of where the Government of the United States 
intervenes, and one-third paid by the property-holders? — A. Yes, sir. 

Q. And that iu respect to the property which is exempce<l, the effect 
of that improvement is to tax the District government or the general 
revenue with two-thirds, and the property of individuals not exempted 
with the other third of the cost of improvement before they exempt 
property? — A. Yes, sir ; it is a burden upi)n the District, and upon the 
property-holders on that street. 

Q. Now you say that that tax is a mere matter of mathematical calcu- 
lation ? — A. Exactly so. 

Q. And the assessment is never made until the w^ork has actually been 
(lone ? — A. I do not know of any case where it has been made. 

Q. The work has actually been performed before that tax is levied ? 
—A. That is the rale. 

Q. Is that in pm-suance of the law of the District, taxing it by the 
front foot ? — A. Yes, sir. 

Q. That, then, has no respect to the number of square feet in a lot ? — 
A. No, not at all; the lot may be one hundreed feet deep, or five 
hundred feet deep, and it does not make a particle of difference. 

Q. A lot at an angle produced by the intersection of an avenue run- 
ning diagonally with the streets which cross each other at right angles, 
that mere point, then, would be taxed per front foot on the avenues and 
on the streets? — A. Yes, sir. 

Q. Without any regard whatever to the number of superlicial feet in 
the whole lot? — A. Yes, sir. 

Q. That is the effect of that mode of taxation? — A. Yes, sir. 

Q. I do not want to say whether it is legal or illegal. I want to know 
whether this is a right mode of doing the thing '? — A. That is it exactly. 

Q. Then, further, the efiect of that mode of taxes is that the work 
that has been performed is never paid tor at the time that it is per- 
formed. There must always, after performance, be a portion of that 
work unpaid for? — A. Yes, sir. 

Q. There would naturally be — suppose you to be in funds to pay two- 
thirds, that has to be defrayed out of the general revenue ? — A. If wo 
had the money we would paj the whole of it. 

Q. IJut if vou have not the money A. Then we cannot pay it. 



1374 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Then, there is that one-third that is due to the contractor, when 
lie has closed Lis work? — A. Yes, sir. 

Q. Now, what are the modes of collecting that one-third ? — A. After 
the assessment is made, we send out a notice to the party that there is 
so much assessed on lot number so and so, and square so and so — so 
many front feet; that they have thirty days to pay that in. 

Q. After the receipt of the notice if — A. Yes, sir. We send a man, 
and he puts on the notice the date that he served it, and then returns 
the same to the office. The parties owning the property have thirty 
days to pay it in. If they do not pay it within the thirty days, then 
the board issues a certiticate of assessment against that property bear- 
ing 10 per cent, interest. 

Q. And payable when ? — A. In one year. 

Q. Now, it is one, two, rhree, four, live years in assessments made 
since last July — since the act of the legislature. — A. They changed that 
law ; they have the privilege of paying in one, two, three, four, or five 
years. ' 

Q. Then the original property-owner was allowed thirty days to 
pay f — A. Yes, sir. 

Q. If he did not pay, then he was allowed a credit of twelve months 
at 10 per cent.'? — A. Yes, sir. 

Q. But now he is allowed to pay it in twelve annual installments of 
20 per cent., those installments bearing 10 per cent, interest ? — A. Yes, 
sir. 

Q. Nov\', inasmuch as there ought to be — assuming that you had not 
taken money from the general revenue that belonged to one street and 
applied it to the payment of the contractor on another street, but had 
preserved a just proportion, giving to each street so much of the gen- 
eral revenue as belonged to the street, it would necessarily follow that 
there would be one-third of the amount due to the contractor at the 
end of his contract? — A. Yes, sir. 

Q. And that the means of paying him are extended five years accord- 
ing to this system ? — A. Yes, sir. 

Q. That necessarily follows ? — A. Yes, sir. 

Q. Now, what do you do with these certificates that you thus issue ; 
it is a certificate that there is due from that property so much money ? — 
A. Last year the legislature authorized the board of public works to 
issue! .$2,000,000 of special-assessment certificates without interest; that 
these certificates should be receivable for special assessments on the 
private jiroperty. 

Q. $2,000,000 of special-assessment certificates not bearing interest ! — 
A. Yes, sir ; they have S i)er cent, interest. 

Q. What is the form of those certificates? — A. I will bring you one 
up. I haven't one of them here. 

Mr. Merrick. Here is one, Mr. Chairman, on page 479 of the gov- 
ernor's answer. (Handing the book to Mr. Thurman.) 

Q. Is this the form as appears in the printed answer of the governor? 



No. 357.] [$100* 

District of Columbia, 

Tf'anhiiigton, July 1, 1873. 
This certifies that for work done under direction of the board of public works, and 
chargeable to the private property adjoining and benefited thereby, there is due to the 
beirer one hundred dollars, payaljle July 1, 1874, with eight per centum interest, pay- 
able semi annually, as per coupons attached. 
Issued in accordance with act of legislative assembly, secured by pledge to the com- 



TESTIMONY OF JAMES A. MAGRUDER. 1375 

iiiissionei's of tlie sinking-fnml, of assessments made in accordance with act of Con- 
gress ao-ainst private property benefited by improvements, and receivable iu payment 
of snch assessments. 

BOAIJD OF PUBLIC WORKS, 
By JAMES A. MAGRL'DER, 

Treasurer. 
Horace J. Fkost, 

For CommitisioHtrs of Siiikiiif/-Fiiiid. 

jflOO.] 

Last six months' interest payable with certiticate. 
Registered : 



GEO. E. BAKER, 

Comptroller. 



A. Yes, sir. 

Q. AVns it under tbis act, IVIny 29, 1873 ? 

Mr. iNlEREiCK. Yes, sir ; it ])nri)orts to be tiuder that act. 

Q. Were tlie 62,000,000 issued f— A. Yes, sir. 

Q. What was done with them ? — A. Paid out to contractors. 

Q. So that aniouut that was paid to contractors was a certiticate IVcar- 
in<i' 8 i)er cent, interest. 

Mr. Merrick. You are not accurate, Mr. Magruder, in sa.ying they 
were all paid to contractors, for iu answer to my question you stated 
seven hiutdred and odd thousands of them were sold at lOA cents dis- 
count. 

Witness. No, I didn't say any such thing. Those were not the 
things that were sold. Those were the assessments on the property be- 
fore these things were issued. 

Q. Assessment-certificates ! — A. Assessment-certificates on the prop- 
erty. 

Q. I understood you to say certificates of indebtedness. — A. No, sir ; 
I said the assessment-certificate issued against the property. These are 
not issued against any particular proi)erty. 

Mr. Merrick. You have stated $173,250 of special-improvement cer- 
tificates were issued, as per act of the legislature May 20, 1873, and you 
told me tliey were sold to the banks. 

The Witness. They were sold, and the balance paid out to the cou- 
tractors. 

Q. The sewer-certificates in the same way ? — A. Yes, sir. 

By Mr. TnuRMAN : 

Q. Is this one of the certificates!^ [ETanding wituess a certificate.] 
It appears to be a sort of greenback currency that we have not had in 
the discussion during the inflation debate. — A. That is one of them. 

(}. They were paid to contractors ? — A. Y^es, sir. 

Q. Now, suppose this state of the case : The contractor then could 
get for the balance due him only 8 per cent. Suppose that the owner 
of the pr()i)erty paid the assessment with 10 per cent. ; what becomes 
of tiie 2 per cent.? — A. I Avas going to state the same law that author- 
ized the issue of these re«piired the board to place in the hands of the 
sinking-fund commission all money collected on these special assess- 
ments, and all certificates issued against the property until these were 
redeemed. 

(^. Uut the point is this : Now, a tax payer might buy up one of these 
things. What is the lowest that was issued ? — A. The low^est was 8j0 ; 
they were issued in fifties, one hundreds, and five hundreds. 

(^. Very well, then. I suppose the assessment on the property was less 



1376 AFFAIIIS IN THE DLSTKICT OF COLUMBIA. 

tlian $50. Then the tax-payer could uot avail himself of the privilege 
of paying any one of those certificates! — A. Yes, sir; they did. 

Q. How ? Did you pa^' him the difference — make change for him ? — 
A. No, sir; there are twenty brokers that have advertised to pay taxes 
in these certificates ; and half a dozen people go there who have got 
$30 to pay, say. They inquire " what are these certificates w^orth f 
They arc told 75 or 80 cents, and that the broker will pay their taxes at 
75 cents on the dollar. The brokers bring these certificates to the 
proper officer in ijaymeut of the taxes of the party, and we are bound to 
receive them, 

Q. In that way every one who chooses to go to a broker could get the 
advantage of that reduction? — A. Yes, sir. 

Q. When did the first issue of these certificates begin ? — A. August 
or September. 

Q. What has been the market- value of these certificates ! — A. I really 
personally don't know. 1 never bought one. It has been running along 
from 70 to 75 and 80 cents. That is my impression about it. 

Q. You paid them to the contractors at par? — A. Yes, sir. 

Q. Have any of the contractors refused to received them f — A. I 
think not. 

Q. They have all taken them "? — A. Yes, sir. 

Q. Did their contracts provide they should bei)aid in money or not? — 
A. I don't recollect whether they said anything about their being paid 
in money or uot. Mj" impression is they said paid in lawful money. 
Eather than wait, they took tliese. 

Q. They are to be paid in money, of course, if tliere is no provision in 
the contract to the contrar^^? — A. Of course. 

Q. But notwithstanding that the contractors have taken these certifi- 
cates ? — A. Yes, sir. 

Q. Does the amount paid the contractors absorb the whole 
$2,000,000? — A. Yes, sir. About one hundred and seventy odd thou- 
sand doHars of them have been paid to other parties. 

Q. Substantially, then, the debts due the contractors have absorbed 
tbe whole of the money ? — A. Yes, sir. 

Q. Then the effect of that is that the District have shaved the con- 
tractors about 30 per cent. That is the way it comes out ? — A. No, sir; 
we have not shaved them any. They were not obliged to take these 
things; we told them that, if they would wait until the money was col- 
lected on these things, we would pay them the money. A great 
many of them, I suppose, have these things yet — have used them as 
collaterals. 

Q. But you promised to pay tlieui by the contract when the work was 
done?— A. I do not think the contract states that we would pay them 
as soon as the work was done. 

Q. What time does it give? — A. I do uot think it makes the payment 
particularly due at any specified time. 

Q. Then it would be due on demand ? — A. Nine-tenths of them iinder- 
stood, when they entered into the contract, that they could not get the 
money; that they would have to wait for it. They knew the law just 
as well as we did. 

Q. Did they expect to wait until the money was raised by taxation? — 
A. Until the money was raised by these special assessments. 

Q. This act that was passed for extending the time for paying special 
assessments for five years — was that passed before or after the bulk of 
these contracts was let ? — A. It was passed afterward. 



TESTIMONY OF JAMf:S A. MAGKUUER. 1377 

Q. At the time the contract was entered into, the credit to be given 
the taxpayius was twelve months ? — A. Yes, sir. 

(}. And the contracts were entered into, and the men expected to get 
their pay when the tax was collected ? — A. Yes, sir. 

Q. Then the legislature extended that for live .years ? — A. Four or 
five years, I think. 

(^ .AlaUing it in installments of 20 per cent.! — A. Yes, sir. 

(}. And then, after having done that, the legislature issued this cur- 
rency :' — A. Authorized us to issue it. 

Q. Authorized the board to issue this currency ? — A. Y'es, sir. 

Q. yo that the dilemma the contractor was in was to take his money 
inihstallments running fiom tive years to four years, from the end of the 
year, or to take these certificates, which were worth 70 cents in the 
market .' — A. Yes, sir ; that was the effect of it. 

(). Don't that look like a pretty strong shaving operation on the part 
of the government ? — A. The government is not benetited by it. 

Q. The District government ; — A. No, sir; the board is not beueflted 
by it. 

Q. If the tax-payer can pay his taxes for seventy cents on the dollar ? — 
A. He is benefited by it. 

Q. When I say '' the government,'' I mean the people. — A. The i)eople 
themselves are benefited by it, but the government is not benefited by 
it, nor does the board receive any benefits. 

(}. Wliat margin of profit do you think there must have been in the 
contracts, that would justify these contractors in taking this kind of 
paper, which is worth onlj' 70 cents on the dollar? — A. I am sorry to 
say that 1 do not think there was a very large amount. I know a good 
many of them have been broken up. They have suffered, and 1 am 
sorry for it. 

Q. In other words, the District got even with them at last? (Laugh- 
ter.)— A. It looks like it. 

(}. And the result is, both sides are broken I (Laughter.) — A. AVe 
think we have got enough to i)ay off, if we ever get it. 

Q. You do not know anything about this matter of anticipating the 
taxes, do you l That does not belong to the board of public works ? — 
A. No, sir. 

Q. If I understood what was said on a former day here, the board of 
public works doesn't consider itself bound by that provision in the or- 
ganic; act which provides that no extra allowance shall be made? — A» 
They do, to a certain extent. 

(}. What is the certainty of that extent? — A. A man makes a c;on- 
tract for a specific work, and all that sort of thing; I would not agree 
to allow him anything extra. He ought to know what he is doing when 
he makes his bid. 

Q. Have not extra allowances been sometimes made ? — A. Under 
very ix'culiar circumstances. For instance, you take a man who has a 
contract for the building of a sewer. He digs, and finds before he gets 
to the depth his contract calls for, that he comes to quicksand, and 
he comes to springs, and things of that kind, which would break him 
up 

(^. And you make it efpiitable to allow him extra compensation. I 
am not in(|uiring whether there have not been cases in which it was 
equitable to do it. I have no (loul)t necessarily there must have been 
f<onu; snch cases, in which it would be etpiitabh^ to allow a man some- 
lliing; but that is not my (pu'stion. The organic act, for certain reasons 
w liich were satisfactory to Congress, or at least which controlled it, 
87 DOT 



1378 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

prevents this — prevents that being done. The fifteenth section of the 
organic act reads : 

That tlie legislative assembly sball never grant or authorize extra couipeusatiou, 
fee, or allowance to any public officer, agent, servant, or contractor, after service has 
been rendered or a contract made, nor authorize the payment of any claim, or part 
thereof, hereafter created against the District under any contract or agreement made, 
without express authority of law ; and all such unauthorized agreements or contracts 
shall be null and void. 

Now, do I understand you that the board of public works do not con 
sider that provision as binding on them ? — A. I shouki not think it was" 

Q. I do not ask you for your own opinion. I ask you whether the 
board goes upon the theory that that provision is not binding upon 
them. 

The Witness. By the way, since you have mentioned it, I think there 
is an opinion of our attorney that we are not bound by it. 

Q. Wliat attorney was that ?— A. Mr. Cook. 

Q. If you conUl furnish us with that opinion, I wouhl be obliged. — A. 
I am not certain ; I think it is so." 

Mr. Merrick. I think his opinion is on the record somewhere. He 
discriminates between the board of })ublic works and the District of 
Columbia, and he says why the District of Columbia is bound by it, 
and the board is not. 

I\Ir. Stanton. No, the legislative assembly, he says. 

Q. Let us go back a moment to this collection of special assessments. 
What is the law in respect to the general taxes, not the special taxes, 
but the general taxes in the district ? — A. The law is, the general taxes 
shall not exceed |2. 

Q. I am aware of that. But they are jiayable on the 30th of June ? — 
A. I do not recollect. 

Q. There is no extension of time for the payment of them ? — A. 1 
think not. 

Q. For the general taxes ?— A. I think not. They allow a discount if 
paid in advance. 

Q. But if they are not paid by the end of the fiscal year an absolute 
delinquency occurs? — A. Yes, sir. 

Q. And then proceedings must be taken to enforce the collection of 
he taxes ? — A. Yes, sir. 

Q. Now, in the thirty-seventh section of this act, which is the first 
section relating to the board of public works, it is provided : 

Sec.37. *****#* 

That the board of public works shall disburse upon their warrant all moneys appro- 
priated by the United States, or the District of Columbia, or collected from property- 
holders, in pursuance of law, for the improvement of streets, avenues, alleys, and 
sewers, and roads and bridges, and shall assess in such manner as shall be prescribed 
by la\y, upon the property adjoining and to be especially benefited by the improvements 
authorized by law and made by them, a reasonable proportion of the cost of the im- 
provement, not exceeding one-third of such cost, which sum shall be collected as all 
other taxes are collected. 

Q. Was it ever decided by the board of public works whether that 
expression, "which sum shall be collected as all other taxes are col- 
lected," didn't require that the same Tules, in respect to time of payment 
and mode of settlement, should apply to these special assessments, that 
do to the general taxes'? Was that question ever mooted before f — A. 
Never, that I heard of. 

Q. Did Mr. Cook ever give his legal opinion upon that ? — A. I do not 
think he did. 



TESTIMONY OF JAMES A. MAGRUDER. 1370 

Q. But it is very certain tliat these taxes are Dotcc)llecte<l, in respect 
of time and in respect of interest, as other taxes are collected ? — A. 
Kot under the last law. 

Mr. iMerkick. Nor by the same instrumentality. 

Mr. TnuRMAN. I do not know how that is. 

The ^A^ITNESS. I think it says the board shall ascertain and collect. 

Mr. Thurman. No; it says "which sum shall be collected as all 
other taxes are collected." 

Q. Xow, if that includes the agency by which the collection shall be 
made, the time when tlie taxes shall be payable, and the intei'est they 
shall bear after the delinqnency — if that is the meaning of all that — 1 
do Dot say it is — but if it is, then I want some explanation. — A. The 
simple questioM is this: the legislature fixes the mode of all the taxes ,• 
by whom and when collected ; and hence had the same ri<;ht to say how 
these sliall be — the same power. 

Mr. TiiURMAN. That is a legal question. I want to know whether 
that point had ever been discussed by the board. It is very clear that 
a different course has been pursued. — A. I do not think it has. 

By Mr. Merrick : 

Q. I want to ask you where you sold these bonds and these certifi- 
oates of indebtment. What did you do with the coupons that had been 
attached to them! — A. Some of them, up to a certain time, were left on 
the bonds, and then we cut them off. The coupons on all the special 
assessments were left on — special certificates — those greenbacks that 
jou saw just now. 

Q. You sold them with the coupons on ? — A. Yes, sir. 

Q. The bonds — you cut the con})ons off"? — A. Yes, sir. 

Q. What did you do with these coupons? — A. Q'bose coupons are 
now in my safe, which I propose to turn over to the sinking-fund. 

Q. Have you charged yourself with them in your account 1 — A. No, 
sir; but I am going to get a receipt from the sinking-fund commission 
for them. I have uot used them, and do not propose to use them. 

Q. You have not charged yourself m ith them ? — A. No, sir ; and I do 
uot propose to charge myself with them or use them. 

Q. I want to know whether there is anything in your accounts that 
shows the amount of those coupons in your possession? — A. No, sir. 

Q. Jt is only in your mind, and hereafter you will render an account 
of them ? — A. It is uot in my mind ; it has to be done. 

Q. Where is it if it is not in your mind ! — A. It is in my mind, and 
the coupons are in my safe. 

Q. That is what I say. There is no lecord of those transactions 
except such as yon retain in your own memory '! — A. Yes, sir; there is a 
record of them. I have stated to the governor in a letter exactly how 
many had been cut off', and what the sinking-fund commission, of which 
he is ])resident, would have to ])rovide ior. 

(^. Didn't the cutting olf of those coui)ons depreciate the price of the 
bonds in the market !? — A. I didn't cut them off until there was only 
about within two months of the time they were due. 

Q. You have not used any of the coupons at all? — A. Not one of 
them; they are all in my safe. 

Q. But yon used the bonds ? — A. Yes, sir. 

Q. And cut the cou[)ons off sonu; time before you did use the bonds ? — 
A. Yes, sir; 1 cut the coupons olf as I used the bonds, and retained a 
memorandum of them. Tliere is a memorandum of them, 1 lliiuk, in 
the letter-book of the board. 



1380 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Nowhere in the atnount of the assets you have on hand ? — A. No, 
sir. They are not oar assets; tliey belong to the siukingfand com- 
mission. 

Q. Why not turn theui over directly to the sinking-fund ? — A. I have 
been very busy and have not thought about it at any time when I have 
been going up there. Tliey have got an account of them. 1 wrote a 
letter to ^ir. Kelly stating to him exactly what I had. He is the treas- 
urer of the sinking-fund commission. 

Q. Have you any idea how many of them you have ? — A. I think I 
cut tliem off about flfteeu or sixteen hundred thousand dollars. I did 
not think we ought to pay that interest, and I consulted with the gov- 
ernor, who is the president of the board, and Mr. Willard, and tliey 
advised me to cut them ofl", and I did so. • 

Q. Those were bonds on thefour million loan ? — A. O, no, sir; I never 
had anything to do with a foiTr-million loan — the sewer-certiticates. 

Q. No bonds at all? — A. No, sir; the four-million loan was negotiated 
before the bonds; probably by the time the bonds were printed. 

Q. You used the word "bond" yourself, and therefore I fell into the 
same error. — A. I think I did cut off some coupons of the last bonds I 
got — the District bonds — not the four millions, but the $1200,000 — bonds 
which were issued to make up the deficiency of the four-million loan. 

Q. You think you cut tnose off? — A. 1 have cut off some of them. I 
gave a statement to the sinking-fund commission of what I had. 

Q. And some you sold without cutting them off? — A. Yes, sir; Avhen 
they were tirst issued 1 paid them out. 

Q. When were they issued, those bonds? — A. They were issued some 
time after the legislature adjourned, as soon as they could be printed. 
It takes some time to get n\) those things. The comptroller's report 
will show when they were turned over. 

Q. Can you tell us how you paid the interest on the four-million loan ? 
— A. I cannot. That does not come into our accounts at all. That is a 
matter for the District government. 

Q. Did you transfer the sewer-certificates, or i^ut them in the posses- 
sion of the governor, or other authorities, in order to raise money by 
their hypothecation ? — A. No, sir. 

Q. Y^ou know nothing about that ? — A. No, sir ; I do not know how 
that was paid. The governor or the sinking fund commission can tell 
you that. They may have told me they had raised the money to do it, 
and no doubt they did ; but how, I do not know. 

Q. It did not come within the province of the board of public works ? 
— A. No, sir; the board has nothing to do with the District bonds at 
all. They are turned over to the sinking-fund commission. They have 
to provide for all the interest and for the redemption of the bonds or 
paper that is out. 

Q. Do I understand you to say the board of public works had nothing 
to do with the four-million loan ? — A. Nothing. 

Q. Who managed that ? — A. The four-million loan was managed by 
the governor. 1 think he was authorized under the law to negotiate 
it. I am pretty certain he was. 

Q. Where did the money go that was derived from the four-million 
loan ? — A. Into the District treasury, and they paid it over to me. 

Q. Then you got the njoney ? — A. I got the money. 

Q. Do you recollect what the proceeds of tiiat four- million loan were? — 
A. I think it was $240,000 or $200,000 discount on the four millions. 

Q. I will leave that question for the present. You have brought to 



TESTIMONY OF JAMES A. MAGRUDER. 1381 

the committee now all your bank-books, sbowiiig- your deposits in all 
the banks ?^A. Yes, sir. 

Ml'. Wilson. I wish you would j;et tlieni tofiether, and put tliein in 
tbeir j^roper order— fjet the different sets to<>etljer. 

Q. When and where was that four -million loan ne<iotiated .' — A. 
Thronjih Seliotiiau & Bros., of New York. 1 think it was negotiated iu 
Germany by them. 

i). Was it all negotiated at one time ! — A. I do not know. I think it 
was. 

Q. How did yon get the proceeds of that loan into your hands? — A. 
By a recpiisition on the comptroller of the District of Columbia. The 
money went into tlie treasury of the District of Columbia. 

Q. And then you received it ? — A. Yes, sir. I received it right along 
as we wanted it. 

Q. Did you draw for it all at one time, or from time to time ? — A. O, 
no, sii'. 

Q, In wiiat sums did you usually draw for it, and what did you do 
Avitli the money ? — A. When I got it I deposited it. 

Q. What were the banks in which you kei>t your deposits — the First 
National Bank then, and afterwards the National Metro[)olitan ? — A. 
Yes, sir; 1 tliink all that four-million loan went into the First National 
Bank. 

Q. Do your bank-books show that that four-million loan went into 
that bank ?— A. 1 think so. 

Q. And that the proceeds of that loan were gold? — A. O, no; cur- 
rency. 

i). Y^ou negotiated it in Germany ? You negotiated that for so 
much ? — A. The governor negotiated it in New Y'ork, with Seligman & 
Brothers, and they negotiated it in Germany. The last investigation 
showed what they got for it, and all about it. But it was negotiated 
■with tliem a1)soluteIy. They bought tlie bonds. 

Q. They took tlie bonds at how much to the dollar ? — A. Ninety-four 
or ninety-five cents. 

Q. In greenbacks ? — A. Yes, sir. The last investigation showed all 
that. I will not speak ])ositively. 

Q. I only want to get the aggregate. You got about $3,7(50,000 or 
-$3,770,(»Oo".'— A. I presume that is what we got. 

Mr. Mekkick. You will find it in his report of 1872. 

(). That money all came into your hands ? — A. Y^es, sir. 

Q. Did you get any money into your hands from any other source 
except the Government appropriations 1' You have spoken of the four- 
million loan. — A. O, yes, sir. 

(}. Where did it come from ? — A. We got it from these special assess- 
ments on the streets. 

Q. Do you know how much you received from those special assess- 
ments ? — A. Seven hundred and odd thousand dollars. 

Q. Did you receive any money ? — A. Y"es, sir. 

Mr. Merrick. At page 507 of the testimony he gives his exact 
amount. 

The Witness. You will find there it is .s771,201.;u;. 

Q. Is that the net proceeds, or gross amount t — A. That is the gross 
amount. 

Q. Then did you receive any other money ''. — A. Yes, sir; 1 received 
money from the water-register for water-taxes. 

Q. What amount was that 1' — A. It is all in my icpoit there; 1 do 
not know what the amount of it was. 



1382 AFFAIRS IN THE DISTKICT OF COLUMBIA. 

Q. About bow much ? — A. Eeally cauuot tell you, without going over 
the whole report. 

Q. Did not you keep any separate account with the water-register ? — 
A. Yes, sir ; there is a separate account down at the office. 

Q. You can give us the exact amount to-morrow f — A. Yes, sir. 

Q. Did you receive money from some other source? — A. I received a 
small sum of money from sewer and gas-permits — permits for opening 
the streets for gas and sewer purposes. 

Q. Did you keep a separate account of that I — A. Yes, sir. 

Q. Can you shoAv the amount of that ? — A. Yes, sir. 

Q. AVillyou please to produce that in the morning ? — A. I will. 

Q. Any other moneys that you received f — A. I do not know of any. 
The tirst year we received money from the District government — appro- 
priations from the District government. 

Q. How much was that? — A. Tbat is all in the report. 

(^>. I suppose you have a separate account of that? — A. No, sir. 
That goes right into my general account. But I can get it for you from 
the comptroller. 

Q. On what account did you re(;eive that from the District govern- 
ment ? — A. Api>ropriations made by the legislature. 

Q. It came out of the District? — A. Yes, sir; the general taxes, I 
suppose. 

Q. Are there any other sources from which you derived money ? — A. 
I think not. 

Q. Now, on the 11th of January, 1873, you received $1,240,000 ?— A. 
Yes, sir. 

Q. On the 3d of August did you receive $192,050.12 from an appro- 
priation made by Congress? — A. I think so. 

Q. On the 9th of July, $400,760.94 ?— A. I got all the appropriations 
of the Government. 

Q. I want to get at the amounts. On the 3d of August, $08,230 ?— 
A. Yes, sir. 

Q. On the 18th of March, $1,000,000 ?— A. Yes, sir. 

Q. On the 25th of July, $497,000.03 ; on the 18th of March, $106,583. 
Then, again, $63,021.45, $1,737,000.00, and $230,211.24. Are those cor- 
rect statements of the amounts received ? — A. I cannot tell you from 
memory. They are in my statements here. 

Q. Tliere was an appropriation of $913,497.26 ?— A. Yes, sir. 

Q. Was that all drawn by you ? — A. Yes, sir, I think so. 

Q. And has been deposited by you in one or the other of those banks ? 
— A. Yes, sir. 

Q. Show me the entry on the bank-book when that deposit was made. 

Witness. When is that ? 

Q. The appropriation was made on the 3d of March, 1873 ; $230,211.84 
seems to have been drawn the 2d of September, 1873. — A. July 19, I 
find here on this book $230,000. 

Q. Look at page 457 of the governor's answer ; you will find this en- 
try there, " Pay to the order of the board of public works of the Dis- 
trict of Columbia $130,211.80. V. E. Spinner, Treasurer of the United 
States." Tiien there is another for $100,000— both are together. 

The Witness. On the 3d of September. Here that is in this little 
book. 

Q. When is the balance of that appropriation of $913,000 credited on 
your book ?— A. Here is July 25, $159,497.03 ; July 18, $25,000 ; July 9, 
$230,000. 



TESTIMONY OF JAMES A. MAGRUDER. 1383 

Q. Wbat is your uoxt ito.n ?— A. $100,000, $i;30,l> 11.84, $230,000, 
$230,700.94. First Niitioiial Bank. 

The Witness. How much does that make ? 

Mr. Wilson. $S75,47j.81. 

The Witness. 1 recollect now the balance of that money ; I got a 
certificate of deposit from the Xatioual Metropolitan Bank to give to 
the First National Bank to take u]) the indebtedness we had there. It 
ought to show here but it does not, and I do not find any check against 
it here in this book. I can find that out in the morning at the bank, 
and let you know Just exactly how it is. 

Q. Will your books at the office show about that? — A. No, sir ; the 
books at the otiice will not show it. It will show it at the bank. If I 
deposited the money and got a certificate of deposit they have not 
charged me with the certificate and they never put it in my book either. 
I can find out all about it, however, in the morning. Certificates of 
deposit they do not credit you with on the bank-book. 

Mr. Wilson, (to Mr. Christy.) Have you any further witnesses. 

Mr. Christy. No, sir. We close here. 

Mr. Merrick. Mr. Kirtlaud is not here, and therefore we close our 
case in chief. 

Mr. Christy. Except as regards the testimony of C. H. Evans on the 
subject of those books. 

Mr. Merrick. That is only a little matter. He is only to furnish the 
amount of asphalt and coal-tar, I believe. 

Ml'. Wilson. How is the other Mr. Evans ? 

Mr. Merrick. He was only to be used for rebutting. 

The Chairman. Mr. Mattingly, can you be ready to proceed to-mor- 
row ? 

Mr. ^Mattingly. If the engineer appointed by the committee is ready 
with his measurements. We would like for these to be in before we go 
on with the (tase. There might be a number of matters which would be 
susceptible of explanation. 1 do not know, of course, what the result 
of his measurement is. 

^Ir. Merrick. You can go on with other matters independent of that. 

The Chairman. I do not think our engineer is quite ready to report, 
though I do not know. 

Mr. iNlATTiNOLY. Our idea about the matter was simply this : It was 
suggested to the committee a short time ago that they go around and 
view the work that has been done. Our idea was that if the committee 
would take Thursday and Friday and view this work, then we could 
go on on Monday morning and cU)se up fhe case as rapidly as possible. 

After consultation among the various members of the committee the 
chairman made the following announcement : The examination of wit- 
nesses will be adjourned until Monday next unless INIr. Kirtlaud should 
come in the mean time; if so, we will examine him. To-morrow the 
committee will hold a private session for consultation ; and on Friday 
at 12 o'clock the committee will be ready to make such examination of 
the improvements made in the city by the board of public works as 
gentlemen may desire to point out to them ; and also on Saturday. 

Mr. ('iiRiSTY. I would state that we have arranged that there shall 
be a sort of general ]»rogramnu*. 

Th(! Chairman. The committee will jtrovide itself with means of con- 
veyance, and will be glad to have genth'nu'u on both sides go with them 
to i)oint out the work. 

The committee then adjounied its pubbe session until 10 o'cloidc Mon- 
day morning, the 27th instant. 



1384 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

Monday, April 27, 1874. 
The committee met pursuant to adjournment; no quorum beiug pres- 
ent, tbe chairman announced the committee adjourued until to-niorrovr 
nt 30 o'clock a. m. 



Tuesday, April 28, 1874. 
The committee met pursuant to adjournment. 

The journal of the proceediugs of Wednesday last was read and ap- 
proved. 

Samuel J. Ritchie, a witness on behalf of the District government, 
being duly sworn, testified as loUows : 

By the Chairman : 

Q. Are you engaged in the manufacture of sewer-i»ipe ? — A. I am, sir. 

Q. Where "?— A. At Talmadge, Ohio. 

Q. Tile-pipe? — A. Yes, sir. 

Q. Will you state the price? Did you furnish the board of public 
works with pipe t — A. Yes, sir. 

Q. How much !— A. I thiuk about $80,000 worth. 

Q. Do yon remember the dimensions of the pipe furnished by you ! 
Have you a memorandum of it ? — A. No, sir, I have not. 

Q. State as near as you can. — A. Six-inch, 9-inch, 12-iuch, 15-inch, 
iiud 18-iuch — some a little larger size. 

Q. State the price at which you furnished it. — A. The 6-inch was 17 
cents a foot ; the 9 inch, I think, 40 cents ; the 12-inch, DO cents ; the 
15-inch, $1 ; and the 18-inch, $1.19. 

Q. Are you in the habit of lurnishiug pipe to other cities? — A. Yes, 
sir. 

Q. How do these prices compare with those charged by you to other 
cities? — A. We charged in Cincinnati, Buffalo, Detroit, Eochester, and 
a good many other cities — we sell from lists, giving a jjercentage off — 
the list at which we sell in Cincinnati is .30 cents for inch, 50 cents 
for 9-inch, 75 cents for 12-inch, $1 for 15 inch, and $1.50 for 18-inch. 
From these prices we give off to these places 10 per cent. 

Q. Why do you sell to this District for less ? — A. AVe come in con- 
tact witli the Eastern manufacturers, and the result is a sharp competi- 
tion ; prices were cut down. 

Mr. Wilson. Let me see your price-list. 

The Witness. In Chicago we give 20 per cent, off to the city. 

By the Chairman : 

Q. Do you make any deduction from the prices you have named to 
the board of public works? — A. These are the net prices. 

Q, The prices for which you received pay from the board ? — A. Yes, 
.sir. 

By Mr. Wilson : 

Q. Who made the contract with the board of public works ? — A. 
Well, really there never was a written contract ; only an order. They 
invited bids. 

Q. Did you make bi<ls ? — A. Yes, sir. 

Q. Written bids ? — A. Yes. sir. 



TESTIMONY OF SAMl'EL J. KITCHIE, 1385 

Q. With whom did you lU'jiotiate ?— A. Tlie bids, I believe, were ad- 
dressed to the seeretary of the board. 

Q. Yon never had any written eontract ? — A. We never entered into 
a written contract; no, sir; no more than they gave ns orders, and we 
would till them. 

Q. When did you tirst commeJice selling pipe to the District of Co- 
lumbia :' — A. I should think about two years ago, sir. 

Q. Who made the negotiations on the part of your comi)any ? — A. I 
did. 

Q. Did you receive the payment ?— A. Yes, sir, 

Q. Do you keep the books of your tirni '^— A. 1 do not ; I have never 
written a line in them. 

Q. Were there any drawbacks paid to an> i)erson ? — A. Not one dol- 
lar. 

Q. Your firm paid no drawbacks of any kind ? — A. No, sir; not one 
dollar to anybody. 

By ]Mr. Stanton : 

Q. I think you did not mention the name of your firm ? — A. Our firm 
is Sperry, Kitchie & Co. 

Q. In respect to the manufacture of sewer-i)ipe by that firm, how does 
it compare with other firms of the country ? — A. There is only one in the 
country that is as large. 

Q. Some testimony was adduced here by a witness named Evans, in 
resi)ect to a price-list furnished him in 1871, about the time the board 
of i)ublic works went into operation, which would have been June, 1871. 
How did the price at that time compare with the prices subsequently, 
say in 1872 and 1873 ? — A. The prices for this kind of pipe named, pre- 
vious to January 1, 1872, were 25 cents for the inch, -lO cents for the 
!>-inch, o.") cents for the 12-inch, 75 cents for 15-inch, and $1 for the 
18-inch. 

Q. Then that was an increase of prices in January, 1872? — A. Yes, 
8ir. 

Q. About what i)ercentage? — A. From 25 to 10, and 25 to 50 per 
cent. The prices had ruled very low i)revious to that time for some 
time. 

Q. And the most of the sewer-pipe furnished by you was in the years 
1872 and 1873, was it not? — A. We furnished none previous to that, I 
believe. 

Q. Did you or not furnish this ])ipe to the l>oard of public works at 
lower rates than you furnished it to any otlier ? — A. There was no other 
consumer that we furnished to at so low a rate as we furnished it to the 
city. 

Q. Either a municipality or private i)erson ? — A. No, sir ; contract- 
ors have a discount off. It is the intention of the manufa(;turers to 
make that car<l the Jiet rates to coiisumeis and contractors, and dealers 
have this discount off, but it is not intended to give any discount ofi' to 
consumers. 

Q. The board got the discount off, as I understand it ? — A. Y"es, sir. 

By Mr. CHRISTY: 

(}. When was it that you submitted the bids to which you refer? — A. 
We sent the bids just as we sent the invoice all along from the fiist. 

Q. The bids, I mean. — A. O, I cannot giv^e you the date. 1 thiidc it 
■was about two years ago. I have Jiot any data to refer to, but I should 
say it was about two years ago. 



1386 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What was the cbaracter of that bid '? How long was it to con 
tinue ? AVhat amount of this material was to be furnished ? — A. There 
was nothing- of that kind in it. I went to see Governor Shepherd about 
the pipe, and he tokl me " Go and put in your bid. The man that fur- 
nishes the best pipe for the least money is the man we will buy from." 

Q. And you did present a bid in writing ?— A. Yes, sir. 

Q. Are you able to state the rates you proposed to furnish these sev- 
eral varieties of pipe for in that bid? — A. They are just those that I 
have already given. 

Q. So that there has been no change in the rates since that time? — 
A. No, sir; none whatever. 

Q. You do not remember the time? — A. I cannot give you the date 
of it. If I had thought you wanted to know anything about it, I should 
have brought data along. 

Q. You filed that with the secretary of the board ? — A. Yes, sir. 

Mr. Christy. 1 de&ire, Mr. Chairman, to see the bid and examine the 
witness further. 

The Witness. I think I addressed it to the secretary. 

Q. Very well, you addressed it to the board of public works? — A. 
Yes, sir. 

Governor Shepherd. We will furnish the bids. 

The Chairman. Mr. Christy, do you make a point that the prices 
received were high ? 

Mr. Christy. I want to ascertain, if I can, the nature of this trans- 
action. He says that prices were reduced by reason of sharp competi- 
tion. I would like to see the bid, as the basis upon which to continue 
this examination. ^^"^ 

The Chairman. He gives you the prices jiaid. 

Mr. Christy. Y"es, sir ; but he does not remember very distinctly, I 
think, in regard to the time, which seems to be important, because about 
that time they were furnishing at lower rates. This, of course, is a 
paper that can be jiroduced very quickly, and we will not detain the 
witness but a moment. 

By the Chairman •- 
Q. What is the largest sized pipe you make ? — A. Twenty-eight inches. 
We have not furnished anything of that kind to the board. 

Moses Kelly^, sworn and examined for the District government. 

By Mr. Mattingly : 

Question. It is alleged here that you, Mr. John O. Evans, Hallet Kil- 
bourn, William S. Huntington, Mr, Kidwell, Lewis Clephane, and others, 
on or about the 25th of August, 1871, formed a conspiracy with the view 
of obtaining contracts from the board of public works. State to the 
committee whether you had any connection with any such conspiracy 
or not. — Answer. I had not. 

Q. Have you any knowledge of any such conspiracy existing ? — A. I 
have not. 

Q. Did you have any interest under any contracts made with the 
board of public works by any parties ? — A. I had not. 

By the Chairman : 
Q. Had you any interest in any real-estate pool ? — A. Xo, sir. 
Q. Nothing of that sort ? — A. No, sir. 



TESTIMONY OF MOSES KELLY. 1387 

Q. No interest whatever in any contracts with the board of public 
works ? — A. Never, sir. 

Q. What is your business ?— A. I am cashier of the National :\[etro- 
politau liauk. 

By Mr. Uakrington : 

Q. How long were you a commissiouer of the sinkiug-fuiul .' — A. Since 
the oruani/atiou of the commission in 1871. 

Q. ilave you been intimately coiuiccted with the District government 
in that relation ?— A. 1 have, in tiiat relation. 

Q. Be kind enough to state whether you know, either of your own 
knowledge, directly or indirectly, of any malversation, malfeasance, or 
corruption in connection with the District government. — A. 1 do not. 

By Mr. CHRISTY : 

Q. "Were you a member of the Portland Stone Company ? — A. I was. 
The company was organized under the old corporation of the city of 
Washington — the late corporation of the city of Washington. It was 
organized prior to the organization of this District government. 

Q. Is it not a tact that this com [)any organized after the District gov- 
ernment went into operation f — A. I think not, sir. 

Mr. Christy. We have that which is admitted in evidence to be 
genuine, a certificate of the incorporation of the Portland Stone Company 
recorded February 24, 1871. 

Mr. HARRiXGrTON. Do you understand that is the paving company or 
the Portland Freestone Company ? 

Mr. Christy, This is the Portland Stone Company. 

The Chairman, Was that a paving company ? 

Mr. Mattingly\ No, sir, 

Mr, Stewart. That was a mere filing, as I understand it, of the cer- 
tificate of incorporation for making artificial stone, and the certificate 
was filed two days after the act was approved. 

^h\ Christy. Tbree days, to be exact. 

Mr. IIubbell. When was it executed ? 

Mr. Christy'. That is the very significance of it. These gentlemen 
deferred this matter until after the final organization of the government. 

The Chairman, (to Mr. Christy.) What do you want to show about 
that^ 

Mr. Christy'. Were you then a commissioner ? 

Mr. Hamilton. ThisVas done in December, 1870, if there is anything 
in that. 

Mr. CHR1STY^ You have got it all wrong, gentlemen. It happens 
that this person was a member of the Portland Stone Company and the 
Artificial Stone Company of the District of Columbia. 

Mr. Harrington. That company was organized on the 14th of De- 
cember, 1870, by your own evidence. It was not of record until the 
date that the gentleman says, but it was "given under my hand and 
notarial seal the 14th of December, 1870." That is the time the com- 
pany was organized, of course. 

Mr. Christy. Yes; but it did not have that mucii infused into it 
until after the District government became a created thing, which 1 
regard as a suspicions, very suspu;ions, circumstance. 

Q. (To the witness.) You were then a memberof thecomi)auy : what 
was the extent of your interest ' — A. It was very small, sir. 



1388 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By the Chairman: 

Q. How much? — A. I do not lemember tlie number of original incor- 
porators. The act of incorporation itself, 1 presume, will show, sir. 

By Mr. Christy : 
Q. What do you mean by ''very small?" Would an interest of 
$25,000 in the capital stock be deemed by you *' small?" — A. My impres- 
sion is that the entire capital stock was only $20,000. That is my 
recollection of it. 

By the Chairman : 

Q. Had yon a tenth or twentieth in it, or do you remember what por- 
tion of it you had? — A. I do not. I had an equal interest, I i)resume, 
with the persons named in the act of incorporation. 

Mr. Christy. There are eleven of them. He seems to have been in- 
terested to the extent of one-eleventh. 

Q. (To the witness.) You were likewise a member of the Artificial 
Stone Company, of the District of Columbia. Now that certificate of in- 
corporation was filed December 26, 1871? — A. That is a continuation of 
the same company; the two companies were merged. 

Q. W^hat was your interest in that, or did it remain the same? — A. 
It was the same as in the former. 

By Mr. Hubbbll : 
Q. That is, yon retained your old interest ? — A. Yes, sir ; nothing- 
more. 

By Mr. Christy : 

Q. What efforts did you and your associates make to obtain work in 
the District of Columbia; to whom did you apply? — A. I am not aware 
that any effort was made; I certainly made none. The com])any was 
organized with a view to private work, and my information is that the 
entire amount of work done for the board of public works was only about 
$3,000. 

Q. Does your interest still continue ? — A. No, sir. 

Q. I will ask you if you have not been very largely interested with the 
several parties whose names were stated in your hearing in real-estate 
operations. — A. What parties do you mean ? 

Q. The parties whose names were mentioned — Mr, Kilbourn, for in- 
scance. — A. Never. 

Q. You never had any interest with him ? How about with Mr. Shep- 
herd ? — A. Not recently. In former years — three, four, orfive years ago — 
we had numerous real-estate operations. In the last three years I think 
we have had none. 

Q. Have you had no interest in any real-estate operations with him 
since the organization of the government of the District of Columbia? — 
A. I am unable to recall any. If any, they have been very small. 

Q. I find from the testimony of Mr. Magru<ler that a large number of 
checks were drawn upon you, or rather upon your favor, for the purpose 
of paying notes that had been hypothecated with you by contractors in 
March, 1873. You may state what rate of interest you charged those 
contractors. — A. We charged sim])ly our usual banking rate of interest, 
eight per cent. In no case more, as I recollect. 

The Chairman. What is the object of that, Mr. Christy? 

Mr. Christy. Mr. Magruder has been interrogated ujion that subject. 
It is a very im)>ortant fact, I deem it, to ascertain to what extent they 
have required contractors to pay for the use of this money. 



TESTIMONY OF MOSES KELLY. 138D 

The Chairman. It does not seem to ino that that wouhl be le<>itiinate. 

IVlr. Christy. J want to ascertain the nature of tlie transactiitn, 
whether he calls it a discount by way of interest, or a purchase of 
those certificates absolutely, and I thought possibly in that form we 
might reach the result (juite as well as in any other. 

The Chairman. That is a proper question to ask. lie can state 
whether he purchased those certificates, or simply loaned money on 
them. 

Tlic \\'iTNESS. I will say, first, that in all these cases the pay- 
ments referred to were made to me iu my official capacity as 
cashier of the bank. In no instance in any other capacity, that 
I know of. 1 will further say that in no instance that I can recollect 
were the certificates purchased. Advances were made to the contract- 
ors at our usual bank rate of interest, 8 per cent.; aiul they were 
charged at that rate of interest for the time they had the use of the 
n)Ouey, \Vhen the money was collected, it was put to the credit of the 
]iarties, (iharging them at the rate of S jM'r cent, a year for the time 
they had the use of the money. That is the simple truth, and the 
whole truth, iu reference to it. 

By Mr. Christy : 

Q. To \\hat extent did you advance in Marcli, 187.3, to contractors, 
their certificates being' held as collateral security ? — A. 1 am unable to 
say. It was. to a very considerable amount. 

Q. Was it as much as half a million of dollars! — A. 'No, sir. I do 
not think it was half of that. It was probably something over -1100,000. 

Q. Do you think it was not over -$250,000 ? — A. I do not think it was 
half that. 

Q. Are you distiiu't in you recollection? — A. That is my impression. 

By the Chairman : 

' Q. You were in the habit of loaning money upon these District se- 
cnrities at your bank ? — A. Yes, sir ; we were. 

Q. Was your bank also in the habit of purchasing these certifi- 
cates ? — A. It was not. 

Q. You never did purchase any? — A. 1 never did, excepting in a 
very few instances to save a debt. 

Q. It was no part of your regular business to be purchasing these 
vouchers ? — A. No, sir. 

Q. You loaned money on then), and collected the money and gave the 
party credit? — A. Yes, sir. 

Q. That was your usual manner of transacting business ? — A. That 
was our practice. 

Q. Did you, as an individual, deal in these securities! — A. I did not. 

By ]\rr. Mattingly^ : 
Q. This Portland and Artifical Stoiu'. Com])any that you were asked 
about, what auu>unt of profits were realized from that concern :' — A. I 
am ashamed to say; I think we lost. 

By "Sir. MvAiRiCK : 

Q. You were one of the commissioners of the sinking-fund, were you! 
— A. Yes, sir. 

Q. When was the last provision for the i)ayment of the interest on 
the bonded debt of the Distri(;t of Columbia made ? — A. I cannot recol- 
lect the date. I think in the latter jtart of December. 

Q. The latter part of Decembei", 187-> ? — A. 1 thiidc so. 

Q. Piovision for the Jaiuiary interest ? — A. Yes, sir. 



1390 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Be good onougli to tell iu what way you provided for that inter- 
est. — A. It was provided for iu part by loaus u])ou the District bonds 
as collateral security, ami partly froiu taxes, current receipts. 

Q. What sort of bonds were hy])othecated ? — A. Thirty-year bonds, 
issued under the act of the legislative assembly of June, 1872 — sinking- 
fund bonds. 

By Mr. Haerington : 

Q. Six per cent.? — A. Yes, sir. 
By Mr. Merrick : 

Q. Was there any other security hypothecated except those bonds? — 
A. No, sir; not that I am aware of. 

Q. Were there any sewer-certificates or improvement-certificates hy- 
pothecated ? — A. Not that I am aware of. We had none of those. The 
sinking-fund had none of those at all. 

Q. Have you now any sewer-certificates ! — A. No, sir; we have not. 

Q. Or improvement-certificates ? — A. No, sir. 

Q. Have none been issued and turned over to you under the provisions 
of the act of the legislative assembly ? — A. The law does not require 
them to be turned over to the commissioners of the sinking-fund. 

Q. How as to the certificates of assessment'? — A. The certificates of 
assessment, as I understand — iu consequence of the books being in use 
constantly, the assessments have not been made; they have been sus- 
pended. 

Q. You say, as far as you are advised, there have been no assessments 
made under either of these acts ? — A. Not recently; 1 think not, sir. 

Q. Either the act of May or June? — A. I think not recently, sir; 
none that I am aware of. Those assessments are not made by the com- 
missioners of the sinking-fund. 

Q. I know they are not made by the commissioners of the sinking- 
frnd; but the act of the legislative assembly requires those certificates 
of assessment under both acts to be transferred to the commissioners 
of the sinking-fund whenever issued ? — A. They have not been reported. 

Q. None have been reported to you under either act ? — A. No, sir. 

Q. Have there ever been any payments of assessments collected under 
either act made over and returned to you? — A. There have been. 

Q. Can you tell us how many — what amount ? — A. My impression is 
that nearly one-fourth of the 8 per cent, certificates, both sewerage and 
general assessment certificates, have been taken up and canceled. 

Q. Have been taken up and canceled ? — A. Yes, sir, received for 
special assessments, street improvements, and sewer-taxes. 

Q. They were turned over to you after they were canceled ? — A. 
They were turned over to us after being canceled. 

Q. Yes, but the question I asked you was, have any payments on ac- 
count of sewerage assessments or special improvemeut assessments been 
made and accounted to the commissioners of the sinking-fund since 
May ? — A. There have been. These canceled certificates are payments. 
They are received in payment of these taxes, and canceled and turned 
over to us. 

Q. But there have been no payments of money to you ? — A. The pay- 
ments of mone^^ have been small ; but there have been payments of 
money. 

Q. On account of both ? — A. Yes, sir ; on account of both. 

Q. What have you done with those payments of money that have been 
made to you? — A. They have been applied to pay the interest on the 
coupons. 



TESTIMONY OF MOSES KELLY, 



1391 



(). Tlie coupons on the {'ortiticates ?— A. Yes, sir; the outstaiulinj;' 
<;ertiti('ates ; those wliieh have not been taken up and canceled. 
Q. Exclusively dedicated to that purpose 1 — A. Yes, sir. 

P.y Mr. Christy : 

(). When you arranged with the contractors to make these advances 
upon eertilicates, 1 will ask you if you did not have an express agree- 
ment with .Mr. Magruder that these several discounts were to hv re- 
funded to you as soon as the board of ])ublic works obtained any nn)ney ; 
IVom the first moneys obtained'^ — A. Xo, sir; we took our chances with 
other ])eople. We had no special agreements. 

Q. You had no arrangement at all with Mr. Magruder in regard to 
it .' — A. Xo, sir. 

Q. None whatever ? — A. None. 

Q. And these discounts were made in the ordinary course of business, 
no preference being given ? — A. The advances were made to our own 
customers — those who were doing business with our bank. That was 
the only preference. 

By 3Ir. Mekrick : 

Q. Can you make a memorandum of the amount of these certiticates 
which have been canceled by the sinking-fund commissioners f — A. I 
can do so. 

JMr. Stanton. Mr. Chairman, we have here a bid made by Messrs. 
Sperry, Kitchie & Co., referred to by the prior witness. The date is 
Tebriiary IS, 1872. 

The Witness. That is the bid, sir. It was received on the same day 
it was made. 

By Mr. Christy : 

Q. Were you in the city of Washington when this was submitted ? — 
A. Yes, sir. 

Q. Were there any competing bidders ? — A. Yes, sir ; there were other 
parties here the same day. 

Mr. Christy. If it meets the wishes of the committee I would like to 
have this go in evidence. 

The bid reads as follows : 

To the honorable Board of Public Workii of Waah'uujlon, D. C. : 

We will furnish the following- sizes and kinds of vitrified-stone sewer-pipe, delivered 
at the city of Washington, at t\ui annexed prices. 

The city to i)ay freight and deduct the same frnui amount of bill. 

SPERKY, lUTCHIE & CO., 

TaUmadge, Ohio. 
Refer to W. H. Upson, M. C. 



Str.'iijrlit pipe (i inches 

Straijiht \»\>o 8 inches. 

Straijilit pipe !) inches. 

Straifiiit pi]"'. Vi inches. 

Straight pipe 15 inches. 

Straii;ht ])inc, 18 inches 

Straijrht i)ipe 20 inches. 

Connections fi x 12 inches. 

Connect ions 8 x 12 inches. 

Connections 9x12 inches. 

Oinnertioiis 12 x 12 inches. 

Connections G x 15 inches. 

Conneiti>)tis 8 x 15 inches. 

Twelve-incli horizoutral trap 



Price 


per foot. 


$0 17 


32 


40 


56 


90 


1 19 


1 50 


90 


95 


95 


1 00 


1 30 


1 4fi 


5 00 



Connections 12 x 15 inches 

Connections 15 x 15 inches . 

Connections 6x18 inches. 

Connections 8x 18 inclies 

Connections 9x18 inclies 

Connections 12 x 18 inches. 

Connections 15 x 18 inches. 

Connections 18 x 18 inches. 

Connections x 20 inches 

Connections 9 x 20 inches. 

Connections 12 x 20 inches 

Connections 15 x 20 inches. 

Connections 18 x 20 inches . 



Price 
per foot. 



?l 50 
1 62 

1 85 

2 00 
2 00 
2 10 
2 20 
2 30 
2 40 
2 40 
2 45 
2 50 
2 UO 



Can furnish at this list from fifty to cue hundred thousand tlollars' worth. 
Rec'd J5. of P. \V., Fel.'y I, 1H72. 



1392 AFFAIRS IN THE DISTRICT OF COLUMBIA 

John L. Kidwell sworu and examined. 

By Mr. Mattingly : 

Q. It is alleged tliat, in August, 1871, you entered into a conspiracy 
with Moses Kelly, Lewis Clepbane, John O. Evans, and others, tor the 
purpose of obtaiiiing contracts from the board of ])ublic works. State 
whether that is so or not. — A. I entered into no conspiracy at that date, 
or any other date, in reference to any contracts with the board of pub- 
lic works. 

Q. Had you any knowledge of any such conspiracy being in exist- 
ence ? — A. 1 had not. 

Q. Were you interested with these gentlemen in any contracts with 
the board? — A. Which gentlemen do you mean? 

Q. Moses Kelly, John O. Evans, and Lewis Cleiihane. — A. Neither 
of them. L had no interest in any contract. 

By Mr. IIubbell : 
■ Q. The names are John O. Evans, Hallet Kilbourn, William S. 
Huntington, Moses Kelly, Lewis Clephane, Samuel P. Brown, Henry 
D. Cooke, and Lewis S. Filbert.— A. 1 had not, sir. 

By Mr. Christy: 
Q. State what interest you took in securing what was known as the 
Mace patent for concrete paveaients in this District, or the Scharf 
patent i)avement. State whatconnection you had with any negotiation 
between John O. Evans and Mr. Mace, of Montgomery County, Mary- 
land, in regard to his interest in the Scharf patent concrete pavement. 
Give us the history of that. — A. At my instance, Mr. Mace, of Mont- 
gomery County, Maryland, iiurchased a, two-thirds interest in what he 
termed the original Scharf pavement, from particKS who held it in Balti- 
more. And, after making the purchase, he called upon me, and said : 
"Now, you liave some acquaintances in Washington, and you have ad- 
vised me to make this purchase; I would be glad if you could grant me 
an interview with the part es who propose to lay these concrete pave- 
ments, by which I can induce them to use it on a royalty." Well, I 
told him that I was very anxioiis to see that pavement. It was the 
same pavement that was laid in front of the Arlington. I told him I 
was very anxious to see that pavement laid, if it could be laid, and if it 
could be laid I was satisfied it would give satisfaction to every one. I 
arranged an interview between Mr. Evans and Mr. Kilbourn and Mr. 
Mace. That interview was at my store. Mr. Evans or Mr. Kilbourn, one 
or the other, produced a contract, and it was signed by Mr. INIace in my 
l^resence. I was calletl out into my store. It was at my drug-store. 

By the Chairman : 

Q. Did you have any pecuniary interest in this ? — A. None at all. 

Mr-. Christy. Still 1 want to show his knowledge of this matter,. 
whi(;h I deem of importance, and for this reason : that Mr. Mace by this 
arrangement was not one of the competing bidders at the lettings of 
September 1, 1871. 

'i he Witness. I simply acted as a friend of Mr. ]\Iace in the matter, in 
introducing him to these gentlemen, with a view of having him after, 
under my advice, buying it, make some money out of it in the way of 
royalties. 

By Mr. Hubbell: 

(}. At whose request did yuu act '! — A. At the request of Mr. Mace.. 



TESTIMONY OF JOHN I.. KIDAVELL. l.')93 

J>y ]Mr. Christy : 

Q. You say that negotiations proceeded UTitil ^Mr. Maee sij;ned a con- 
tract !— A. Yes, sir; at that time I was called out of my store. When 
I returned I presumed that both had signed the contract, and I was 
asked to witness it. I witnessed Mv. MaceAs signature. I think Mr, 
Mace, or perhaps Mr. Kilbourn, asked me to keep the pai)er. 

Q. ^Vllo were present at that negotiation I — A. Mr. Mace, Mr. Kil- 
bourn, 'Sly. ICvans, and myself. 

Q. John O. Evans?— A. Yes, sir. 

Q. Ilallet Kilbourn ?— A. Y'es, sir. 

Q. Yon were asked to witness it '! — A. I was asked to witness it. 

Q. Did you witness it ? — A. I did. 

Q. And were under the impression that both parties had executed 
it? — A. I thought so at the time. My attention was not especially 
drawn to the wording of the contract. I was called in and out of my 
store, and presumed it was satisfactory to both gentlemen. I was asked 
to witness it, and at their request put it away in my desk. 

Q. At whose request "? 

The Chairman. That is immaterial. 

Mr. Christy. This is the most innocent of transactions. Mr. Mace, 
largely interested in the best pavement, according to the testimony of 
this witness and others, laid in the city of Washington, was induced by 
John O. Evans and Hallet Kilbourn to execute a contract ; and the par- 
ties ask tbis witness to sign it and witness it, which he did, he being, 
of course, the custodian of that contract. jS^ow I wish to sliow, by this 
witness, that in this way they did carry into effect this system of de- 
stroying competition, keeping Mr. Mace out of the list of competing 
bid(lers. 

The Chairman Why do you not ask him that question ? 

By Mr. Christy : 

Q. At whose request did you take charge of that contract ? — A. Well, 
I am uncertain whether it was at the request of both of them, or 
whether it was at the request of Mr. Mace. 1 cannot recollect. 

Q. By whom were you requested to witness it? 

The Chairman. That is certainly immaterial. 

Mr, Christy. I will show by this witness, or expect to show, that 
these parties in fact failed to sign it, excepting Mr. Mace, who was un- 
der the impression that it was fully executed. 

The Chairman (to Mr. Christy.) Ask him that question. 

By Mr. Christy : 

Q. How long did you keep that contract in your possession before you 
again inspected iff — A. I was called by some afHiction in my family a 
day or two afterward to California. On my return, in sixty days, Mr. 
Maco, learning that I was home, called at my store. He said to me 
that he wanted to see the contract, and said to me, " Doctor, could you 
have been a party with those gentlemen to have taken away from me 
the benefits of that pavenuMit ?" I said to him, "No." I was sur[nised 
at his language, and asked him why. He said he had an idea tiiat tlie 
contract was not signed by those other gentlemen. 1 said that could not 
be i)ossible, and I opened my desk and got out the (contract, and I found 
it was not signed by those gentlenieii. 1 told him before he liad nuide 
bis statement that 1 would have sworn that it had been signed. 
88 D c t 



1394 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By the Chairman : 

Q. When was tbis ; this first arrangement with Mr. Mace ? — A. I do 
not recollect the date. It was in August, 1871, 1 think. 

Q. August, 1871 ? — A. I think so. I judge it was about that time. 

Q. You went to California and were absent sixty days ! — A. Yes, sir. 

Q. Did Mr. Kilbourn and Mr. Evans sign that contract after your 
return ? When you found their names not attached to it, what was 
done with the contract then 1 — A. I called upon Mr. Kilbourn. He said 
if I would note the contract that it was not such a contract that it was 
necessary for him to sign, and he said that he did not intend to sign it. 

Q. Why did he say it was not necessary for him to sign it? — A. Well, 
I did not hold any further discussion with him. 

Q. He did not give any further reason ? — A. No, sir; I did not hold 
any further discussion with him about it. 

Q. What was tho. nature of that contract ? — A. If I recollect the 
wording of it, it obliged them to i)ay so much royalty for whatever of 
that pavement they put down. 

By Mr. Stanton : 

Q. It was in the nature of a license from Mr. Mace, was it ? — A. I 
think it was. 

Q. It was a license from Mr. Mace to use the patent at a certain rate 
of royalty ? — A. I think so. 

Mr. Harrington. Mr. Evans testified that he was to pay 15 cents on 
the square yard. 

By Mr. Christy : 

Q. This was anterior to the opening of the bids by the board of public 
works? — A. I think it was, sir. 

Q. Do you not remember that it Avas finally consummated to this ex- 
tent on the 30th of August, 1871? — A. I do not recollect, sir. 

The Chairman. He says it was in August, but he cannot recollect 
the date. 

The Witness. I cannot fix the dates. I went away in August, and 
I was away until October. 

By the Chairman : 

Q. Where is that contract ? — A. I do not know. 

Q. Did Mr. Mace take it away with him? — A. There was some suit 
in court about this, and I was summoned before a commissioner, and noti- 
fied to bring the contract with me, in giving such evidence as I give you 
here to-day. The contract was made a part of the evidence, and was 
filed with the commissioner. 

By Mr. Christy : 

Q. Do you remember whether this occurred after Hallet Kilbourn re- 
turned from New York in August? — A. I do not know. As I told you, 
I went to California. I do not know when Mr. Kilbourn was in New 
York. 

Q. What connection had you with the Maryland Freestone Mining 
and Manufacturing Company at that time ? — A. I think I was iiresident 
of it at that time. 

Q. How long did you continue president ? — A. I think I was presi- 
dent three years. 

Q. Did you not furnish a very large amount of material, &c., to 
the board of public works ? — A. 1 think a thousand or eleven hundred 
dollars' worth. 



TESTIMONY OF HENRY D. COOKE. 1395 

Q. Of uiatorial ? — A. Yes, sir. 

Q. Did you not furnish a large aniouut to contractors under the board 
of public works ? — A. I think we did — some thirty or forty thousand 
dollars' worth. 

Q. Did you not furnish Collins and Jones alone forty thousand dol- 
lars' worth t — A. Yes, sir ; and I think they were the only ones. I do 
not recollect of any body else. I will say to the gentlemen that, al- 
though president of the company, I was not the manager or the superin- 
tendent of it. 

By the Chairman : 

Q. Who was the manager of it?— A. Mr, Hayden was the sni)eriu- 
teudent of it. He made all the sales ; and I am not particularly charged 
with the amount of sales, nor to whom they were sold. 

Q. Js he still living here'? — A. Yes, sir; I was not charged particu- 
larly with those things. I was simply the president, and not expected 
to do that. 

Mr. Christy. What was the extent of the interest of Governor 
Cooke at that time? I mean in August, 1871. 

The Witness. In what do you mean ? 

By Mr. Christy. In the Maryland Freestone jMining and Manufac- 
turing Company? — A. Well, I do not know. I think, maybe, that he 
held one-eighth or one-tenth of the stock. I am not distinct or positive 
about that. 1 did not keep the books ; and very frequently there were 
transfers of stock made without my knowledge. 

By Mr. Mattingly" : 
Q. Do you know of any effort on your part, or the part of Governor 
Cooke, through the board of public works, to compel contractors to use 
Seneca stone ? — A. Xo. I wish there was something that would have 
prevented them from using it, because I am satisfied that we lost 
$15,000, any way, by the sale of it. I am sorry there was not some power 
to prevent it. 

By Mr. Stewart : 

Q. This is what you call Seneca stone? — A. Yes, sir. 

Q. How much did you say was used ? — A. Mj^ idea is that thirty or 
forty thousand dollars' worth was sold to Jones «S: (Jollins, and I am 
sure that we lost any way ten or fifteen thousand dollars on this sale. 
We had to take such securities as these contractors got, and we had to 
sell them, so that our losses were very heavy on them. 

Q. Then you have never i)rottted very largely from the board of pub- 
lic works! — A, I am not certain that we realized a cent. I think it is 
on the other side. 

Henry D. Cooke recalled. 
By the Chairman: 

Q. I am requested by the counsel for the board of public works to 
ask you to state your knowledge of an arrangenient or consi>iracy 
entered into about the 25th of August, between yourself and otiiers, 
for the purpose of controlling contracts in the District of Columbia. I 
believe you were then governor of the District, were you not? — A, Yes, 
sir. 

Q, Did you have any conversation with any of these gentlemen named 
in reference to the method of letting contracts by the board of i)ublic 
works at that time ? — A. No, sir, I wish to state explicitly that 1 have no 



1396 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

knowledge whatever, and never had any knowledge, of any conspiracy of 
the kiud referred to, or of any effort or iuteution to form a ring to get 
contracts; that no one ever spoke to me on that subject; that I had 
been in entire ignorance of any such purpose or intent. 

Q. Did you meet Mr. Kilbourn in jSTew York about that time, or see him 
in ISTew York or Philadelphia ?— A. I do not think I did. It is barely 
possible that I might have done so ; but, if so, it was a mere accident. 
I was very frequently both in New York and Philadelphia. 

Q. In a letter written by Mr. Kilbourn to Mr. Huntington be says : 
" H. D. C. tells me to draw on him for 125,000 cash, for real estate 
pool?" — A. Yes, sir. 

Q. Do you remember when that was, and where you told him this ? — 
A. It was in Washington. 

Q. Not in Philadelphia or New York ? — A. No, sir. 

Q. Had you any knowledge about that time of Mr. Kilbourn and others 
endeavoring to secure patents for paving! — A. No, sir. 

Q. You did not know that he was going to New York or Philadelphia 
for that purpose ? — A. No, sir. 

Q. He had not mentioned to you in any way any matter connected 
with it ? — A. No, sir ; I did not know anything about those matters. 

Q. State whj" it was that the board of public works did not award 
-contracts under the bids that were made and opened on the 1st day of 
September, 1871. — A. That reason is fully stated in the report of the 
board of public works. 

Q. State it again, if you please; you were then a member of the 
board '? — A. Yes, sir ; I was a member of the board. 

Q. What was the general idea that operated on the mind of the board 
at that time? — A. The general idea was, in advertising for bids, to fix 
a fair scale of prices on a fair average of prices for the work, and then 
that average was considerably lower. If I recollect right the bids were 
,^enerally higher, or at- least nearly as high as those which had been 
paid by the old corporation. The idea of the board was to get this 
work done more cheaply by paying cash ; the plan being to negotiate 
the bonds and to be able to pay contractors in cash, and therefore to 
get work done at a less rate. We thought we ought to get it from 15 
to 25 per cent, less than the old rate, and a scale of prices was fixed at 
about that figure ; I think about 25 per cent, less than the former rates. 
That is my recollection of it. It is stated more clearly, however, in the 
written report of the board of public works. 

Q. Then it was not the intention of the board at the time to award 
^contracts under those bids ? — A. No, sir. 

Q. But only to ascertain a scale of prices which would enable you to 
Jet contracts privately? — A. That was my understanding of it. 

Q. Did you have any interest in any of these contracts ? — A. No, sir ; 
not a dollar. 

Q. At no time ? — A. No, sir. 

By Mr. Stewart : 

Q. Do you know Mr. Chittenden, who was on the stand before this 
committee? — A. Very slightly; merely casually, as I know hundreds of 
other gentlemen. 

Q. It was stated here, by Mr, Nickerson, I believe, that Mr. Chitten- 
den appeared to rely on you. Did you have any intercourse with him 
during that period ? — A. I never spoke to Mr. Chittenden, nor he to me, 
on the su^"'><3t of contracts, to the best of my recollection and belief. 



TESTIMONY OP HENRY I). COOKE. 1397 

Q. You never Inul ;iity conversation witli liiiii on the subject ? — A. Xo 
sir. 

Q. ])i(l you ever have any conversation with a man by the name of 
Kirthind; do you know Kiithmd ? — A. Xo, sir; 1 do not think I know 
him; I certainly do not know him by his name; I have no recollection 
of ever havinfj" met him. 

Q. You say Mr. Chittenden never spoke to you on the subject of con- 
tracts at all .' — A. No, sir; that is, I do not recollect of his ever having 
sjmken to nu*. If he did it made so slight an impression on my mind 
tliat it )ms passed away. 

T>y the Chairman : 

Q. Do you know the Rev. William Colvin Brown ? — A. JNIy acquaint- 
ance with him is about as casual as it was with Mr. Chittenden. Mr. 
Brown came to the office of Jay Cooke & Co. with a small check which 
ho wishe<l to have cashed, being introduced, 1 believe, by some friend, 
I forget who, in order to identify him. I cashed the check. He came 
in afterward, and wanted to draw again, and I did not know the drawee, 
and declined to cash the draft. That is about the extent of my acciuaiut- 
auce with Mr. Brown. 

Q. Did you ever have any conversation with him about contracts?— 
A. No, sir. 

Q. Did you ever have any conversation with Mr. Chittenden about 
contracts ? — A. Xo, sir. 

Q. Did you ever have any conversation with Mr. Kirtland about con- 
tracts ? — A. No, sir. 

Q. Or Mr. De Golyer ?— A. No, sir ; I think not. 

Q. Or McClellan ?— A. I think not. 

By Mr. Stewart : 

Q. During Mr. Huntington's life-time did he applv to vou to help him 
to get contracts ?— A. Never but once ; and I said^ to Mr. Huntington 
that I would prefer that he would have nothing to do with that busi- 
ness, because, owing to his relations with me, it might be misconstrued. 
From that time he never spoke to me on the subject. 

Q. Y^ou say he never spoke to you but once onthe subject ? — A. Y'es, 
sir. 

Q. When was that ?— A. That was some time before his death. 

By the Chairman : 
Q. Did he ever mention De Golyer and McClellan to you ?— A. I do 
not think he did. It may have been in that connection, but I am not 
positive. 

Q. You do not remember the particular contract? — A. No, sir; I do 
not remember the contractor i)arty in whose behalf he spoke. 
\'-y Mr. Stewart : 

Q. Did you enter into a full conversation with him at that time ?— A. 
No, sir. I think I have stated the substance of the conversation. 

Q. What did lie say to you ?— A. :\Iy recollection of it is about 
this. He introduced me to Mr. Chittenden at the First National 
Bank. I liai>pened in there for a moment. Afterward he told me that 
Mr. Chitt<Midcn was wanting to get a contract in behalf of some Chicago 
parties, and began to talk with me about it, and 1 told him that I wished 
lie wouhl not have anything to do with these matters, as, on account of 
his relations to me, it might be misconstrued, and J would prefer that 
lie would have nothing to do with it. That was all. 



1398 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. That is the only conversation you had with him on the subject of 
contracts ? — A. Yes, sir. 

By the Chairman : 

Q. I wish you would state to the committee what you kuow^ in relation 
to the letting of the work to De Golyer & McClellau. You know a 
contract was awarded to them on the 25th of May. Xow state every 
process of which you had knowledge which led to that award. — A. The 
board were, of course, very anxious to push the work with the greatest 
possible rapidity consistent with good workmanship. They were anx- 
ious, of course, to secure good qualities of pavement and to secure as con- 
tractors men with the necessary experience and ability to execute their 
w^ork promptly and satisfactorily. There were a great many applica- 
tions before us, and the parties were allowed full access to the board for 
hearing, to represent the merits of their several patents, &c. My own 
impression is that Colonel Parsons appeared before the board and pre- 
sented very elaborately — I think on that occasion Mr. De Golyer or Mr. 
McClellan was present — the merits of that patent, which was examined 
very carefully by the board. The impression that I got at that time, I 
think, among other facts stated, was that it had been thoroughly tested 
in Chicago, and, as evidence of the satisfactory character of the 
work in Chicago, it was stated, I think, that they had laid a great 
many miles, 1 do not remember how many, 40, 50, or GO miles. At 
all events it was an immense amount. I know that that fact had very 
great weight with me, because I thought it would have had an oppor- 
tunity to have tested the pavement, and they would not have laid so 
large an amount of it had it not been satisfactory. Afterward the 
board considered the matter, and it is my imi)ression that the board 
unanimously agreed to authorize the vice-president of the board to 
award the contract to De Golyer & McClellan to the extent of 150,000 
yards, and if the work was done within a given time the contract 
would be extended to 200,000 yards. 

Q. Did you know at that time that Mr. Kirtland or Mr. Brown had 
any interest in this work? — A. No, sir. 

Q. Or that they were operating to secure influence? — A. ]So, sir. 

Q. You did know that Mr. Chittenden was interested somewhat, be- 
cause you had been introduced to him "i — A. O, yes ; I knew that, but 
I did not know what his i^recise — Avhat the character of his operations 
were at all. 

Q. You had no knowledge whatever that either Kirtland or Brown 
w^as interested in securing this contract ? — A. Xo, sir. 

By Mr. Merrick : 

Q. Did you know that they were advocating it at all ? — A. No, sir. 

Q. You knew neither of them in any manner as connected with this 
contract? — A. No, sir. I wish to state lurther, in that connection, that 
as the work progressed the board became dissatisfied with it and the 
contract. I do not know whether it was annulled ; but, at any rate, the 
work was discontinued. They were ordered to discontinue the work; 
and, if my recollection serves me right, they were stopped when they 
had executed somewhere from fifty to fifty-five thousand yards. My 
impression is that that was all they did. 

By Mr. Mattingly : 
Q. This contract was awarded by the board ? — A. Yes, sir. 
Q. There was a statement made here that the contract was obtained 
from Governor Shepherd at his private office — at his i)lace of business 



TESTIMONY OF HENRY I). COOKE. 1399 

on the avemie. State whet" icr Mr. Shcplierd at that time, as viee-pres- 
idt'ut of the board, was transacting- i)ublic business at that place. — 
A. I will state, lor the information of the committee, that the board au- 
thorized ]\Ir. Shepherd, as the executive otlicer of the board and vice- 
president of the board, to make the award and do whatever was neces- 
sary in the premises. I do not know of my own knowledge where the 
award was handed to the parties ; but, as you state, it was generally at 
Mr. Shei)herd's counting-room. 1 know that it was almost impossible 
very freipieutly for Mr. Slu^pherd to get to the room of the board of 
public works, ijecaase of the crowd that besieged him at his place of 
business. I have known him to be detained there for two or three 
hours sometimes by this crowd at his store, before he could get down to 
the board. Finally, if 1 recollect right, he put up a notice that no pub- 
lic or otiicial business would be transacted there, and that, henceforth, 
all parties desiring to see him should go to the office of the board. After 
that the nuisance was abated. 1 supi)Ose it was a nuisance. I do not 
know. 
Governor Shepherd. I think it was. 

By Mr. Harrington : 

Q. Mr. Evans was examined the other day in relation to a bid that 
he is said to have put in about the water-main ; do you know to what 
he referred ? — A. 1 would like to explain to the committee in relation to 
that matter, while I am here. 
By the Chairivian : 

Q. Is this the 36-inch water-main, of which you are speaking ? — A. 
Yes, sir; I have brought the law on this subject. I will not detain the 
committee long, and will merely refer them to the law, and leave the 
papers with them. 

Section C reads as follows : 

Sec. 0. And he it further enacted, That whenever it shall become necessary to lay- 
main pipes for the supply to the cities of Georgetown and Washington, the cost of tho 
same shall he paid by the said cities, and the engineer aforesaid is hereby prohibited 
from making any contracts for the same, unless approved by the corporations afore- 
said, and expressly stipulated with the contractor or contractors that the payment for 
the same is to be made by the said corporations. 

Approved by the President March ',i, 1859. 

Mr. Stanton. That is the engineer in charge of the Washington 
Aqueduct '. — A. Yes, sir. As I say, that was approved by the rresident 
March 3, 1850. Then July 14, 1870, Congress amended that act as fol- 
lows : 

Sf;c. 4. And he it further enacted, That the said Engineer officer shall cause to be fur- 
nished and laid, from the distributing res(!rvoir of the Washington Aqueduct to Capi- 
tol Hill, in the city of Wasliington, along such route as he shall determine, an iron 
main of :5() inches in diameter, connected with the present mains at such points as he 
shall direct, and that the entire cost thereof shall be borne apportionately by the cor- 
porations of Washington and (ieorgetown ; and in order to providt? for such cost, the 
said corporations are hereby empowered and authorized to increase the present water- 
rates and water-taxes to such an amount as may by them be deemed necessary. 

Skc. '). And hr it farther enacted, That for the ])uri)ose of enabling the corporations 
aforesaid to caiiy out the jjrovisions of tiiis act, it shall be competent for them to bor- 
row, in such pro]tortions as thtiy may deem U(;c(^ssary, a sum of moiH'.\', not exceeding 
two hundred and sixty thousand dollars for the city of Washington, and forty thousand 
dollars for the city of Georgetown, redeemable within a period often years, out of any 
revenue to bt- derived from water-rents. 

Approved by tiu; President .July 14, 1870. 

That is the act of Congress which placed the work ciitiicly in the 
han<ls of tlie Engineer of tin; Ainiy. 

Meanwhile the new governnu'Mt was inaugurated, and the jonncr gov- 
ernment having neglected to take action, the legislature of the Di.strict 



1400 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



passed a law meeting the requirements of the law of Congress approved 
July 20, 1871 : 

Beit enacted hij the legislative assemhhi of flic District of Columbia, That the governor- 
he, and hereby is, authoiized and instructed, immediately after tlie passage of this act, 
to adopt measures for speedily complying with the injunctions of the fourth and fifth 
sections of the act of Congress of July fourteen, eighteen hundred and seventy, direct- 
ing the engineer of the Washington Aqueduct to afford to the cities of Washington 
and Georgetown an additional supply of Potomac water, by the laying of a new iron 
main of thirty-six inches in diameter, at the expense of the cities aforesaid, from the 
distributing reservoir above Georgetown to Capitol Hill, the said new main to be 
judiciously connected with the water-mains already laid, at such points as are herein- 
after designated. 

Section 9 of tbat act is as follows : 

Sec. 9. And he it further enacted, That the United States engineer in charge of the 
Washington A<iueduct be, and is hereby, authorized and empowered, in conjunction 
with the governor of the District of Columbia, to enter into contract for the laying of 
the 36-inch cast-iron nniin mentioned in the first section of this act, find to adopt the 
following route for the same, namely : From the distributing reservoir to Bridge street 
in Georgetown, and along the said street to the Aqueduct bridge, over Rock Creek,, 
connecting at said bridge with one of the 48-inch pipes in which the water is conducted 
over Rock Creek, and continuing eastwardly from the east side of said creek, along 
Pennsylvania avenue to its junction with L street north, and thence along L street to 
its junction with New Jersej' avenue ; from that point it shall be extended by a^fMnch 
branch and 30-inch main, running along New Jersey avenue to its junction with Massa- 
chusetts avenue, and there connected with the 30-inch supply-main already laid. 

Section 12 is as follows : 

Sec. 12. And be it further enacted. That the engineer aforesaid be, and he is hereby, 
authorized and requested to invite proposals by circulars and newspaper publications, 
from manufacturers of iron pipes in New York, Philadelphia, Baltimore, Pittsburgh, and 
Washington, for supplying the pipe, branches, and stop-valves necessary for the new 
mains herein authorized, and also to invite proposals by public advertisements in at 
least two newspapers in the city of Washington, for the hauling, excavation, and other 
work necessarj' to complete the laying of the said mains, and that the contracts for supply- 
ing the said pipe and the laying thereof shall, in all cases, be given to the lowest 
responsible bidders, upon the execution and delivery by them of good and sufficient 
bonds, with siirety, to an amount of at least twenty per centum of the contract, for the 
prompt and fiiithful performance of all of its obligations; and no money shall be paid 
on account of any contract for materials or work herein authorized, except upon the 
approval and order of the engineer of the Washington Aqueduct. 

Witness. Now, my construction of tlie§e two acts, the act of Congress 
and the supplemental act of the legislature, was, tbat this whole matter 
of the letting and the constructing of the work was left with the en- 
gineer of the Armj'; that I was associated with him in the letting 
of the contract, simply on account of the legal necessity of binding the 
District government by the signature of the executive officer to the 
contract. That was my construction of the biw, and I think it was the 
correct one. The contract was advertised for a(!Cordi)ig to law, and 
the bids were opened. I have here a copy of the bids as opened. 

Mr. Stewart. Do these documents show the history of it reg- 
ularly ? — A. Yes, sir. The following is the copy referred to. 

Abstract of bids for 26-inch main-pipe for the District of Columbia, opened August 15, 1871. 



Names. 



Bryan, Dillingham 

& Co 

Austin P. Brown . . . 
J. W. Starr &Co... 

N. G. Morris 

"William Smith 

E. D. Wood & Co. . . 
Thomas Evans* 



Address. 



Titnsville, Pa 

Washington, D. C. 

Camden, N. J 

Philadelphia, Pa.. 

Pittsburgh, Pa 

Philadelphia, Pa. . 
Washington, D. C. 



Reservoir 
division. 



146,061 81 
40,118 46 
40,396 19 
38, 406 '^2 
47, 503 21 
36,131 97 
37, 860 43 



Georgetown 
division. 



184,431 89 

73, 466 81 

74, 072 48 
72, 777 56 
87,021 74 
66, 302 92 
69, 358 40 



West Wash 
ingtou div. 



$78, 812 06 

68, 552 89 

69, 177 75 
66,769 17 
81,220 63 
61, 932 01 
64, 735 65 



East Wash- 
ington div. 



$77, 790 92 
67.571 04 
68, 420 65 
67, 952 13 
80, 133 49 
61, 392 94 
63, 872 54 



Totals. 



$287, 116 68 
249, 709 20 
252, 067 07 
245, 905 08 
295, 879 07 
225, 779 84 
235, 827 02 



* Unknown bid, not signed, supposed from the signatures to the bond and bondman's oath to be 
Thomas Evans. 



TESTIMONY OF HENRY D. COOKE. 1401 

The AYiTNESS. So that Kvans was not the lowest bidder by 
s 10,000. 

By Mr. Mattingly: 

(). His bid was not signed?— A. His bid was not signed. There was 
no signature to it. 

By Mr. Stewart : 

i}. Then what was «lone ? — A. Tliereni)on Major Elliot — of eonrse he 
did noteoiisider the bid of Mr. Evans because it had not eoinplied with 
the conditions: but it seems that the lowest bid, that of Wood & 
Co., of riiiladelphia, was also informal in several important par- 
ticulars, and he felt that he must refer the matter as to whether 
he should reject or throw out that bid. He was anxious to accept 
it if he could do so legally, because it was the lowest bid, and 
they were responsible parties. He referred the matter to his chief 
Maj. Gen. Humphreys, of the Corps of Engineers, and by him it was 
referred to the Secretary of War, and by the Secretary of War to the 
Attorney-General, for an opinion, a copy of which I have here. 

(,). Who was the Attorney-General at that time ? — A. Mr. Akermah. 
His oi)inion reads as follows: 

Department ok Justice, 
iVashitKjton, Atujust U3, 187:1. 

Sns : The ([uestiou raised iu the coiiimmiicatiou from Maj. George H. Elliot, of the 
Eugiiieers, traii.suiitted in your letter of the 21st instant, is tiiis : Whether he isauthor- 
ized to accept the lowest bid for furnishing pipes for a water-main from the Washing- 
ton Aqueduct through the District of Columbia. 

Major Elliot in this matter acts under the authority both of Congress and of the 
legislative assembly of the District of Columbia. The act of the assembly, approved 
July 20, 1871, entitled "An act to provide for additional supplies of Potomac water, by 
means of the Washington A<iueduct, for the cities of Washington and Georgetown, 
and authorizing a loan for such purpose," provides in the twelfth section that the 
engineers shall " invite proposals by circulars and newspaper publications," and " that 
the contracts for supplying the said pipe * * * shall, in all cases, be given to the 
lowest responsible bidders." The engineer has issued his circulars inviting j)roposals, 
and has inserted advertisements iu the newspapers, referring to his circulars. The 
circular C(mtains instructions to bidders, the first of which is as follows : " No bid will 
be considered which is not made on the printed form, and which does not coniply with 
the following directions." The lowest bid which has l)een made does not coniply with 
the directions in certain material })oints. I do not think that it can be considered. If the 
call for bids were not n^iuired by law, but were simply a convenient mode adopted 
by the engineer for finding a suitable contractor, the reasons for insisting upon a strict 
couforniity to the instructions to bidders might be weaker than they are in the present 
case. 

But when the law under whi(;h Major Elliot sicts authorizes him to invite proposals 
by circulars and nt'wsi)apcr pultlications, and then rcciuiri-s that the contract shall in 
ail cases be given to tJie lowest rcsponsiblt; Idddcrs, it must be consti-ucd to mean that 
the lowest responsible bidders who conform to the terms prescribed iu the circular 
shall have the contract. 

It is a mockery to invite proposals of a certain sort, and then to reject them for pro- 
posals of a different sort, which were uninvited, and the possible acceptance of which 
could not have been generally anticipated. And although cases uuiy ot-cur iu which a 
rigid adhrrer.ce to the advertised terms will be inconvenient and disadvantageous to 
the (io\ frnmcnt in the particular case, in hand, yet a looser l>ra(;tice in sucli matters 
will ill the end work to the serious disadvantage of the Government. The authority 
to invite proposals imjilies an authority to ))rescribe rciasonable terms and conditions. 
To announce under this authority that no bid will be considered which does not 
coniply with certain directions, and afterward to consider and accei)t a bid not com- 
plying with such directions, is unjust to the complying liid<lerK. 1 am aware that the 
rigid rule which I advis*- has not always been observed, and that authority for some- 
what llexible, ]traetice in the matter of liids may be tniind in opinions of my pi edecessors. 
But I can see no i»ropri<'ty in announcing terms unless fiiey are to lie insisted on, ami 
when, as in this case, they are authorized by law, I think that the ollicer or public 
agent who prescribes tliem is not at liberty to disregard them, and that he should 



1402 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

consider that person the lowest bidder who makes the lowest bid according to the 
prescribed forms and terms. 

Very respectfully, your obedient servant, 

A. T. AKERMAN, 

Atfor7tey-Gene7-aI. 
Hon. Wm. W. Belknap, 

Secretary of War. 

By Mr. Stewart : 

Q. What was done after you got tliat opinion ? — A. Thereupon Major 
Elliot, who was then the engineer in charge, advised me of his action, 
iind that he felt himself precluded from making that award by the de- 
cision of the Attorney-General, and that he thought it was best to adver- 
tise for new proposals. Of course his judgment in these professional 
matters was better than mine, and he re-advertised. Meanwhile the 
price of iron advanced somewhat, and the letting was not as favorable 
as it would have been if he could have awarded under the first adver- 
tisement. 

Q. Was it let to the lowest bidder when it was let I — A. Yes, it was 
let to the lowest bidder, but he was bound by this decision of the Attor- 
ney-General, or so considered himself. 

Q. Who was the person who got the contract 1 — A. I think Starr & 
Co., of Philadelphia. 

By Mr. Stanton : 
Q. The Starr Company, was it not ? — A. The Starr Company. That 
is the precise history of the matter. 

The committee here took a recess until 2 o'clock p. m. 

2 o'clock p. m. 

On the committee reconvening, Henry D. Cooke was recalled. 
By Mr. Mattingly : 

Q. Mr. Thomas Evans, in his testimony before this committee, in 
referring to this 36-inch main, says: " I told Mr. Cooke that if I had be- 
longed to the ring, I would have got a job, and I believe it, too." State 
whether the ring had anything to do with the letting of that contract. — 
A. Not that I am aware of. 

Q. In answer to the question, "Who had the letting of that contract*?" 
he answers, "Governor Cooke," — A. As I stated to the committee this 
morning, I considered 

Mr. Merrick. That is already explained. 

Mr. Mattingly. Very well. In answer to the question, " Was it the 
board of public works," he answers, " Yes, sir." I understand the letting 
was done by the Engineer of the Army. — A. Yes, sir ; the letting was 
done by the Engineer of the Army, under the act of Congress. The 
contract was signed by me for the reasons given under the act of the 
legislature, in order that the District government might be bouiul. 

By Mr. Christy : 

Q. You say that the bid of Thomas Evans was marked " unknown," 
not having been signed by Thomas Evans! — A. Yes, sir; that was the 
record as furnished me. 

Q. Are you not aware of the fact that Thomas Evans deposited the 
sum of $1,000, in compliance with the condition made in the advertise- 
ment or letting? — A. No, sir; not personally. 

Q. Don't you know, also, the fact that Mr. Evans executed a bond ? — 
A. Yes, sir ; I know that fact. 



TESTIMONY OF HENRY D. COOKE. 1403 

(}. Which was attached to his bid, and that his bondsmcu were known 
to be responsible i)ers()ns ? — A. I presume they were. 

Q. You have siwken of several bids, and the amount of those bids. I 
will ask you if you are able to state that the bids you speak of as 
lower than Mr. Evans's, included stop-cocks, valves, &c.t — A. These 
bids refer to the same — the bids 1 spoke of referred to the main. 

Q. Solely .'—A. Yes, sir. 

(}. Are you not aware of the fact that the bid of Thomas Evans in- 
cluded all these matters that you have enumerated! — A. They were 
bid for separately and scheduled separately. 

By IVEr. Merrick : 

Q. They were emltraced in the amount, were they not? — A. No, sir; 
not in the amount of the schedule I had here to-day. 

Q. Are you able to state the character of the several bids from recol- 
lection '? — A. They are all in the schedule which I have presented to-day. 

Q. From what sources did you derive the various data that you have 
]iere? — A. I will a^ain state that I considered that this whole matter of 
the letting — the advertisin<i- for and makin<i' of the awards — was a mat- 
ter which Avas delejiated by the law ot Congress, and the law of the 
legislature to the engineer in charge. 

Q. You misunderstand me. — A. Therefore I considered that the ques- 
tion was for me to determine. That is the i)oint I wish to make. 

Q. IJut that is not resi)onsive to my question. My question is, from 
what sources did you get the data which you have presented to the com- 
mittee ? — A. I got it from the records of the ofitice. 

Q. Original bids? — A. Yes, sir. 

Mr. Christy. The committee will at once see that it will be very 
much better to have those bids produced than simple abstracts from a 
iion-exj)ert. 

The Witness. I would suggest if the gentlemen would allow me 

Mr. Stanton. From what office did you get them ? 

The Witness. From the office of the Washington Aqueduct. I 
would suggest that the engineer in charge. Major Elliot — the secretary 
of the Light-House Board is here, and could give the committee all the 
information they desire on that subject much better than 1 can, because 
I am not an engineer nor an expert. 1 left that matter to his judg- 
ment and decision. 

^Ir. Chris'J'v. We desire, then, to have the committee suggest that 
these bids themselves be produced. 

Mr. IlriinELL. Do they belong to the board of public works? 

]\rr. Mattin(tLY. No, sir; I don't regard it as a matter of any im- 
portance witli regard to this investigation, but as one of those collateral 
matters thai have s{)rung up 

Mr. Christy". It is certainly a direct matter, for the icason that this 
•witness has undertaken to state facts which he derives from document- 
ary evidence on tile and within reach of the (committee, and of coarse it 
is merely sccomlary and incom])et<Mit testimony. 

Q. You state that theic was an advance in the price of iron between 
the refusal to h't niider the liist bid and the actual letting subse- 
quently '. — A. Yes, sir. 

i). To what extent was that advance .' — A. I could not state ])ositively, 
but it was considerable— from •s40,()()l) to sr)l),()OI>, or possil)ly >'lJn,<i(H). 

(^>. ^Vhat was the interval between the ai)aii(Ionrnent .' — A. 1 gave the 
reitort to the committee. That states tlie whole tiling. It is a printed 
ollicial repoit. 



1404 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You say that this advertisement, which has been offered iu evi- 
dence in regard to the first proposal for bids, was let solely for the pur- 
pose of fixing the scale of prices under which the work should be done 
for the board 1 — A. That was my understanding at the time. 

Q. When did you first have that understanding — before or after the 
bids were in fact received 1 — A. Before. 

Q. . Was it before you put the advertisement in the newspapers ? — A. 
That was talked about. That was discussed, I think, in the board 
before or about the time. 

Q. If that be true, why was it the advertisement was made in the form 
it was there ? — A. I should like to see the advertisement before I answer 
that question. 

Q. I call your attention to the fact, first, that the language is the 
same as is employed by the Government in regard to proposals ; next 
that you required the bidders to deposit the sum of $1,000 for the 
faithful performance of the contracts, when let. In what part of 
that advertisement do you advise the public that it was simply for 
the pur])ose of enabling you to fix a scale of prices"? — A. In the second 
clause, which is as follows: "Bids for anj- and all descriptions of pave- 
ments will be received. The board reserves the right to select or reject 
any and all the pavements which may be offered." 

Q. Now, it is on that alone you based that? — A. Yes, sir. I think 
that was a fair notice given to the public, that we reserved to ourselves 
the right to reject any and all. 

Q. That applies simply to pavements. There was a vast deal of other 
kinds of work that was let. The question I ask you is this: When it 
was that jou determined to abandon the original design of letting to 
the lowest bidder, and of establishing a scale of prices, and award con- 
tracts at your own volition? — A. I don't know that I can say definitely. 
I think it was done at the time, or about the time, that the advertise- 
ment was published ; certainly before the buls were opened. I am quite 
positive on that point. 

Q. Do you think it was fair treatment to the public and to those 
making bids to require them to deposit $1,000 for the sole purpose of 
advising you gentlemen of what work could be done for ? — A. That mat- 
ter was all contained in our report of 1872, I think. 

Q. I am not asking about the report. What is your own knowledge 
of this matter ? — A. I do not know — with all deference to counsel — that 
my opinion in those matters is of any value. 

Mr. Christy. We deem it of very great importance, for the reason 
that we think that departure from your origiiuxl plan is what occasioned 
certain embarrassments of which you comi)]ain. I will read this, and 
then ask you to explain: "Each bidder will be required, before present- 
ing his bid, to deposit with the collector of Washington City, to the 
credit of the board of i^ublic works, the sum of $1,000, taking receipts 
therefor, as a guarantee that he will enter into and carry out the con- 
tract if awarded to him, in accordance with his bid." Did you at any 
time advise the public that this was simply to establish a scale of prices 
for the convenience and guidance of the board ? — A. The object of that 
was to prevent what are called " straw-bids" — bids put in by irresponsi- 
ble parties. 

Q. Was not the object in requiring the $1,000 to prevent straw-bids? — 
A. I say, in order that these bids might be bona fide. 

Q. What did you care whether they were straw-bids or not, if your 
sole purpose was simply to ascertain what the work could be done for 
and the materials furnished at ? — A. For the obvious reason that, if 



TESTIMONY OF HENRY D. COOKE. 1405 

})(Msoiis did not intend to fnUiH thoir contracts, it wonld be a niattor of 
M'l-y little inii)ortance to tlieni what rate they bid. 

(). Did vou know Mr. iStatibrd — on this snbjeet of jtreventing- straw- 
bids — who bid npon that occasion ? — A. I do not recollect. 

Q. Don't vou remember he complied fully with all the conditions of 
your advertisement ? — A. That may have been, but in the multitude of 
business I have forgotten the names. 

Q. Now, in view of the fact that you bad taken precaution to i)revcnt 
straw-bidding, or biddings of irresimnsible persons, why was it that on 
the first of tSei)tember you refused to accept the three several bids of 
John G. Stafford to lay a carriage-way of Smith's concrete pavemiMit at 
prices largely below the subsequent prices established by you ! — A. The 
board considered that the scale of prices adopted were the most advan- 
tageous, on the whole, for the District. 

Q. John G. Stafford bid to lay a^ concrete pavement at$2.25 a yard, and 
gave sutlicient security, which was the amount established by you, 
^$1,000,) that he would comi)lv with the conditions of his contract. 
Why is it you ignored that bid? 

]\lr. Mattincily. What concrete pavement? 

iNIr. Christy. The Smith concrete pavement. 

The Witness. It may have been a concrete pavement which was not 
ac«;eptable to the board. It may have been an inferior style of pavement. 
Probably there was some reason of that kind. Of course, at this dis- 
tance of time, and in the multitude of bids and applications, 1 cannot 
answer iwsitivelj^ a question of that kind. 

Q. Do you know Mr. Stafford ?— A. I think not. 

Q. Dul you examine the sureties on the bonds he gave? — A. They 
were all examined by the board — some of the officers of the board. 

Q. Will you please explain whether you were advised of the fact that 

• after work was performed the compensation w^as increased; and, if so 

advised, why that increased compensation was allowed? — A. In the 

wooden pavements the compensation was increased because the board 

adopted the process of " treating" the wood, as it is called. 

Q. It is not the change in the price before the work was done, but after 
the work was done, that I am inquiring about. I now direct your mind 
to the contract of C. E. Evans — a contract signed by yourself, where, 
after the improvement was complete, you increased his compensation 
from $U.95 a scpiare yard to $3.L*0 "i? 

Mr. Mattingly. That is all in the record. 

Mr. Stanton. That is admitted. 

Mr. Christy. I want the purpose of it. The fact was admitted after 
attention was called to it. 

Mr. Stanton. Contemporaneous documents, prepared at the time, are 
all there. 

Mr. Wilson. That would not preclude inquiry into the motives of the 
pirties, I presume. 

Mr. MATTiNdLY. If there is any special motive that is sought to be 
proved, wc have no objection to the governor stating it. 

Mr. Stanton. If the counsel have any expectation of showing that 
j there was any different |)urp()se whatever, of course, we have no objec- 
tion. If thev will state that they iiave any such expectation, why we 
will waive, all objei^tion. 

Mr. Christy. Here is a witness who is quite intelligent, and who 
aided in having this done, and I want to know the reasons o})erating 
upon his miml. 

Q. Were you not aware there was a law i)rohibiting extra compeusa- 



1406 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

tion to contractors, and controlling you as governor of the District and 
as an officer of the board of public works ? — A. That is all a matter of 
record, and the explanation is given in the record. If I could get 
access to it, I could answer your question. 

Q. I am not speaking of the record, but I am asking now whether 
you knew the fact that that act was in direct contravention of the laws 
you had sworn to support. — A. No, sir; I do not think it was. I think 
there were reasons for this change which were satisfactory, and that it 
would not have been made if it had been in violation of the act. 

Q. Can you recall the reasons that operated upon your mind to induce 
you to do this act ? — A. No, sir ; not at this time. 

Q. Will you explain to the committee under what authority of law 
you executed contracts after your term of office expired ? — A. Those 
contracts had been passed upon by the board of public works and 
agreed to, and it was a mere clerical matter. A majority of the mem- 
bers of the board had signed them already. 

Q. How many contracts did you sign after your term of office ex- 
pired ? — A. I cannot state. 

Q. Where did you sign them ? — A. Occasionally a contract would be 
brought to me. 

Q. Who brought you those contracts? — A. I do not remember. They 
were brought by some — some, I think, I signed in the office of the board 
of public works. 

Q. Did you sign any contracts at any other place than the office of 
the board of public works ? — A. I think 1 signed one or two at my own 
office when they were brought to me. 

Q. Can you recall who brought you those contracts ? — A. No, sir. 

Q. Now, the only places at which you executed contracts, then, were 
at your own office or else at the office of the board of public works? 

The Witness. I do not understand the question. 

[The question was repeated.] 

A. Yes, sir; or at the governor's office. 

Q. Why was it that the contracts bore date at a period long anterior 
to the time at which you in fact attached your signature to the contracts ? 
What was the purpose of that"? — A. There was no purpose except the 
possible neglect of the clerk to bring them to me for signature. They 
•were exceptional cases. Probably I was absent from the town at the 
time that the other members signed them. 

Q. Did you allow, as governor, work to be done without contracts 
being executed therefor ? — A. As has been already stated, when an 
award was made for work, and accepted by the contractor, it was con- 
sidered as equivalent to a contract in many cases. 

Q. You have spoken of Mr. Huntington. Y'our relations with him 
were very intimate, and you were very familiar, were you not I — A. Yes, 
sir. 

Q. Will you advise this committee whether you were aware of the 
fact that Mr. Huntington had an interest, or claimed to have an inter- 
est, in the original contracts that were let, with Mr. Kilbourn, Mr. Latta, 
and Mr. John O. Evans f — A. What do you mean by " original con- 
tracts 1 " 

Q. The first contracts that were let. — A Under the old government ? 

Q. No ; under the new government, — A. No, sir. 

Mr. Mattingly. Latta had no interest. 

Q. I will say Mr. Kilbourn, Mr. Clephane, and John O. Evans? — A. 
No, sir; I know nothing about Mr. Huntington's relations in that con- 
nection. 



TESTIMONY OF HENRY I). COOKE. 1407 

Q. ITe never spoke to you on the subject ? — A. No, sir. 

Q. Did 3'ou at any time see a bank-book or pass-book kept by Mr. 
lluntinfitoii in which were recorded the transactions he had with the 
several parties wliose names I have mentioned '! — A. I do not remember 
to have ever seen it. 

Q. Never kuew of his havinji' any interest whatever with these several 
parties ? — A. Never, except in a very general way. 1 never knew any- 
thing of it until just before his death. 

Q. What did you learn at that time ? — A. I learned at that time that 
he had been connected with these parties inthe laying of the pavement on 
Pennsylvania avenue under the old government. 

Q. From whom did you learn that ? — A. I cannot state precisely from 
■whom I learned it now; probably from ^Irs. Huntington. 

Q. At no time during his life did you hear him speak of any interest 
that he had with these several parties? — A. No, sir; except as I ex- 
plained in my testimony this morning. 

Q. Did he not say to you that he had a large fee or conij)ensation de- 
pending on that award 1 — A. No, sir. 

Q. Didn't he importune you to let a contract? — A. No, sir; he did 
not importune me, because I gave him to understand that it would be 
unpleasant to me to be importuned. 

Q. There hns been some testimony in reference to the use that was 
made of moneys received from the Government of the United States 
and disbursed by James A. Magruder in March, 1873. Will you please 
state what proportion of that money the First National Bank received, 
or Jay Cooke & Co. ? — A. The First National Bank, at that time, was 
largely in advance to the board of public w^orks, with the understaud- 
ing that when they become in i)ossession of this money they should be 
reimbursed. 

Q. What was the extent of that advancement! — A. I cannot speak 
positively, but I think it was 

Q. Of course we only want your best recollection. — A. It was proba- 
bly a conple of hundred thousand dollars. 

Q. Was that advance made directly to the board of public works or 
to contractors under the board of public works ? — A. It was an over- 
draft of the board of i)ublic works. I cannot be positive. It was at 
that particular period; but I know, at times, that overdraft did reach 
$200,000. 

Q. Now, at that time had you made any advancements to contractors 
under the board of public works on certiticdtes ? — A. The bank loaned 
to its regular customers, many of whom had been customers of years' 
standing, some of them long before the government was instituted, on 
their own notes; sometimes with these certificates as collateral, and 
sometimes with orders of the board as collateral, at our regular rates of 
discount. Sometimes this was done at the instance of the board, in 
order to facilitate them in their work. Both the First National Bank 
and the National Metroi)olitan BaJik were always ready to respond to 
the extent of their abilities in carrying on this work, in accommodating 
the board, and in accommodating contractors where they were worthy 
of credit and accommodation. 

Q. Then, in addition to that, you had advanced largely to contractors 
on certiticates '! — A. Not very largely. 

Q. To what extent l — A. I think we had at no time over forty or fifty 
thousand dollars. That is as much as we ever had at any one time. 

Q. Yon know tlie apj)ropriation to which I refer. Will you state if 
you did not insist that Mr. Magruder should pay to you the entire in- 



1408 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

debtedness of every description from the l)oard of public works, and 
from contractors, out of this money ? — A. 1 insisted that the board 
should do as it had agreed to do, when we advanced the money with 
the understanding that we should be reimbursed on the receipt of their 
first money from the Government. 

Q. Theii you did insist this should be done! — A. No, sir ; it was not 
necessary to insist upon it. Colonel Magruder did it voluntarily and 
cheerfully, he recognizing his obligation. 

Q. Will you exidain why that money was appropriated to the payment 
of claims of the First National Bank and the Metropolitan Bauk, to the 
exclusion of tlie Freedman's Savings-Bank? — A. I do not understand 
that that was done at all. 

Q. Are you not aware of the fact that at the same time — at the time 
of which we are speaking — the Freedman's Bank had advanced very 
largely to contractors f — A. To contractors, but not to the board. 

Q. I am not si)eaking of the board. 

By Mr. Hubbell : 

Q. Let us understand. Did you insist that the amount advanced to 
contractors should be paid out of this money also ? — A. No, sir. 

Q. There is a nnsunderstanding. You only insisted that the amount 
advanced to the board should be returned ? — A. I did not insist upon 
anything. 

Q. Was that the understanding? — A. That was the understanding. 
The amount thus advanced was in anticipation of this appropriation, 
and when the appropriation was made it was returned to us, according 
to the understanding. 

Q. That was the money you advanced to the board, not to [the con- 
tractors ? — A. To the board, not to^ the contractors, except, possibly, in 
some special cases. 

Mr. Christy. However, he did testify that upon certificates furnished 
by contractors they had advanced considerable sums of money. 

Mr. Mattingly. Certainly; discounted their paper. 

The Witness. We did not advance the money on their certificates. I 
want to draw the distinction. We loaned to our customers, and took 
the certificates as security. This was done with our regular customers, 
and in the regular course of business. 

Q. But they were paid out of this money? — A. I do not know whether 
they were or not. I know there is a balance due the bank on account 
of these advances and loans. 

Q. But these are recent transactions, are they not — long since March, 
1873 ?— No, not long since. 

Q. Were you not aware of the fact that there was a controversy in 
regard to this matter between the Freedman's Bank and other contrac- 
tors ; that there were payments made to the exclusion of contractors 
who were not favored ! — A. No, sir ; I heard nothing of it. 1 only know 
that, where the board owed more money than it had money to pay with, 
there would naturally be a contest as to who should be paid first, and 
the resulting complaints. That is all. 

Q. Don't you know, ia point of fact, that there was this controversy ; 
and don't you know, in point of fact, that the Metropolitan Bank re- 
ceived all that was due to it, and the First National Bank got all that 
was due to it, to the exclusion of other contractors and the Freedman's 
Bank? — A. No, sir; 1 don't. 1 had a great many other matters to at- 
tend to in connection with the^ Government beside the mere detail 



TESTIMONY OF HENRY D. COOKE. 1409 

ot the (lisburseraeuts of luouey. That was a matter for the treasuier 
and the board to determine. 

Q. But you do say that there are certificates still in the possession of the 
First M^ational Bank that have not been paid ? — A. I am not sure 
whether there are certificates or not — whether they are secured by certiti- 
eates or not. 

By Mr. Wilson : 

Q. You were governor of the District at the time the $1,240,000 ap- 
propriation was made, I believe ? — A. Yes, sir. 

Q. Did you assist in any way in making up the account upon which 
that apprttpriation was made by Congress? — A. No, sir; except to re- 
ceive it. It was done by the proper ofl[it;ers of the Government. 

Q. Did you procure, in any wa}', that account to be made up ? Were 
you instrumental in having that account made out against the United 
States ? — A. As a member of the board of public works, I was. 

Q. Do you know who did the active duties in getting up that ac- 
count ? — A. That wa.s done by the accounting officers of the board and 
the engineers. 

Q. Did you examine that account after it was made up? — A. I did. 

Q. Were you aware of the fact that there was work charged for in 
that account that had never been performed ? — A. I was not. 

Q. That the details of this thing you gave no attention to ? — A. I had 
to rely upon the engineers — their measurements. 

Q. Do you know how it happened that before that appropriation was 
made, the Superintendent of Public Buildings and Grounds had what 
purported to be measures of the work made? — A. Yes, sir; 1 know that 
fact. 

Q. How did that come to pass ; liow did he happen to do that before 
the aj)proi)riatiou ? — A. I thought you said after the ai)propriation. 

Q. The appropriation was made on the Sth day of January, on the 
certificate of the Superintendent of Public Buildings and Grounds that 
he had made the proper measurements and approved the prices, «S:c., 
was two days after that. I presume he did not measure it within those 
two days— the $1,240,000 worth of work. Mr. Samo has stated that 
he commenced his measurements anterior to the passage of this appro- 
priation bill. Do you know how it came to j)ass that the Superintendent 
of Public Buildings and (jrounds proceeded to make these measurements 
for the board of public works before this appropriation bill had passed ? 
— A. I think it was his duty to have done so — to verify our claim 
against Congress, even if we received no appropriation. 

(}. That might be your opinion, but it might happen to be that he 
had no authority to do anything of the kind. I do not propose to dis- 
cuss that now. It is not proper that I should. I simply want to know, 
as a matter of fact, at whose instance the Superinteudeut of l*ublic Build- 
ings ;jiid Grounds made the measurements that were done for the board 
of public works prior to the passage of the appropriation bill. 

Governor Shepherd. I can explain that in ^ moment. I do not 
think Governor Cooke is conversant with it. 

Mr. Wilson. I would rather have Governor Cooke's explanation now, 
and hear yours afterward. 

A. Gov(';nor Shepherd can explain that, for this simple reason, that 
was more immediately in his province as executive oflicerof the board. 

Q. You say you do not know how that is ? — A. No, sir. 
SO D c T 



1410 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

G. A. Wilcox sworn. 
By the Chairman : 

Questiou. Do you kuow A. P. Kirtland ? — Answer. Yes, sir. 

Q. When did you last see hitu ? — A. Wednesday or Thursday of last 
week. 

Q. Where? — A. He was at my house. 

Q. How long was he at yonr house'? — A. I think some two or three 
hours. 

Q. Is that the only time you saw him !— A, That is the last time I 
saw him. 

Q. When did you first see him before that time? — A. About eight 
years ago. 

Q. Did you see him on Tuesday ? — A. Yes, sir. 

Q. Did yon see him on Monday ? — A. I don^t remember whether I saw 
him on Monday or not. I have seen him nearly every day. 

Q. When did he come to this city ? — A. He came here about the 16th 
of April. 

Q. He was here, then, at the time you were at Wormley's Hotel, and 
examined by Mr. Jewett and myself? — A. I don^t know ; I think own 
that he was ; but at the time I was there, I don't know whether he was 
in the city or not. 

Q. Do you know when he came to the city ? — A. He came to my house 
one morning — I think it was the 16th of April. I could not state posi- 
itively J it was about that time. 

Q. You exhibited to us on that day a letter written by him, and dated 
on the 16th of April ?— A. Yes, sir. 

Q. He was at your house the next morning after that letter was 
written ? — A, Yes, sir ; I think so. I cannot tell exactly about the dates. 

Q. That was last Friday, a week ago ? — A. No, sir ^ I think it was in 
the early part of the week. 

Q. The 16th was Thursday. You saw him on that day?— A. Well, I 
conld not give you the dates precisely. 

Q. It was the 16th of April, was it ? — A. I could not give you that, 
precisely. 

Q. Did yon receive that letter the day after it was written, do yoit 
know — the letter you exhibited to us I — A. I received it within a day or 
two after it was written. 

Q, Then you had seen Mr. Kirtland in Washington before you saw us 
at Wormley's Hotel a week ago last night ? — A. Yes, sir. 

Q. Did you see him on that day — Monday ? — A. Was it Monday ? 

Q. Yes, Monday night. — A. When I went home I found him at my 
house. 

Q. That night?— A. Yes, sir. 

(}. That was Monday night?— A. Yes, sir. 

Q. Did you see him the next day ? — A. Yes, sir ; I think so, 

Q. Had you seen him the day before, on Sunday? — A. No, sir. 

Q. Do you know where he is now ? — A, No, sir. 

Q. Why did you not say to Mr. Jewett and myself that night you had 
seen him in Washington only a few days before 1 — A. That question was 
not asked me. 

Q. I know it was not. Yon knew what we wanted of you that even- 
ing, I suppose? — A. Mr. Kirtland was here, and at the time 1 was with 
you I had good reason to believe that he was in New York, from the fact 
that I had not seen him for several days ; and when I saw him last he 
told me he thought he should return to New York. 

^\ 



TESTIMONY OF G. A. WILCOX. 1411 

Q. Yon knew tli.attlie objoct of onrinqniry tliat evening was to ascer- 
tain, if we conld, where Mr. Kirtland was, did yon not '! — A. I snpi)ose so. 

Q. Did we not ask yon if yon knew where he was, and to tell ns if 
yon knew ? — A. Ko ; I do not think yon asked me that qnestion. The 
snbject of that interview was in relation to his bein.i;- in Kew York. 

Q. Did he stay at your house afterward — over niglit ? — A. No, sir. 

Q. What hour of the day did he go to your house ? — A. He came 
there, I think, about 8 o'clock in the mornin*i'. 

Q. Did he breakfast at your house ? — A. Yes, sir. 

Q. Flow long- did he stay tiiere ? — A. lie was there all that day, I 
thiidc. lie might have been out during- the day. 

Q. He did not stay over night "? — A. No, sir. 

Q. At what time did he go away, during the day or evening? — A. I 
think between 8 and 9 o'clock ; I walked down the street with him. 

Q. In the evening ''. — A. Yes, sir. 

Q. Where was he staying when here ? — A. I did not know at tha-t 
time. 

• Q. Do you know now? — A. Yes, sir; I knew where he stopped after- 
ward. 

Q. Where did he stop? — A. He stopped at the W^ashington Hotel, or 
Washington House. I do not know what it is called now. 

Q. How many days was he here? — A. I think he was here eight or 
ten days. 

Q. When did he leave ? — A. I do not know. 

Q. Do you know that he has left? — A. No, sir. 

Q. What is your imi)ression ? — A. I think he has left. 

Q. When did he leave? — A. Th;it I could not tell yon. 

Q. Have you any impression as to the time ? — A. I think the last I 
saw of him was Wednesday or Thursday. 

Q. What did he say to you then about leaving? — A. He did not say 
anything about leaving. M}" expectation was that he would report 
himself to the committee for examination last Thursday. 

Q. Mr. Wilcox, why didn't you inform some gentleman connected 
with this investigation that IMr. Kirtland was here ? — A. After I was 
before your sub-committee, as I told you, I met Mr. Kirtland at my 
house. He told me then that he expected to be before the committee, 
but he desired to consult with some of his friends, or an attorney, 
he may have said — one or both — and that he then expected to come be- 
fore this committee. That was my understanding of the conversation 
between us. He did not desire me to say atiything about it ; he pre- 
ferred coming voluntarily to being summoned in any other way. 

Q. W^hat attorney was he to consult ? — A. He did not tell me what 
attorney he was going to consult. 

Q. What friend was he going to consult ? — A. He didn't tell me that. 

Q. He gave you the names of no persons whatever ? — A. No, sir. 

Q. Did any person visit him at your house during the time he was 
there ? — A. Yes, sir. 

Q. Who ? — A. Mr. Storrs, of Chicago. 

Q. Who else? A. No one that came expressly to see him that I 
know of. 

Q. Who did see him there? — A. All the members of my household, 
and other members there; Mr. Jerome and ]\[rs. Jerome, wlio have been 
with us for a yinir or so. 

Q. Did Mr. George R. Chittenden see him there? — A. No, sir; not 
to my knowledge. 

Q. Did he see him anywhere? — A. Not to my positive knowledge. 



1412 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What do you tbiuk about it ?— A. I thiuk he did. 

Q. You tbink they had consultatiou together ?— A. I think they met 
each other. 

Q. Uo you kuow where !— A. No, sir. 

Q. Do you kuow wheu ? — A. No, sir. 

Q. Have you any impression as to where Mr. Kirtlaud is now 1— A. 
No, sir. 

Q. You don't kuow whether he is in the city or not?— A. I do not. 

Q. Have you received any letters from Mr. Kirtlaud since last Thurs- 
day ? — A. Not since the one that I gave you, or about that time. It 
might bave been before or after, a day or two. 

Q. You have received no notes or letters from him since that time ? — 
A. No, sir. 

Q. Have you any letters that you received from Mr. Kirtlaud with 
you ? — A. No. sir. 

Q. None, except the one that you handed the sub-committee ?— A. 
No, sir ; I don't thiuk I have. I might have at home or at my office, be- 
cause J have frequently had letters from him. 

Q. Did you bave any conversation with Mr. Kirtlaud as to what his 
testimoiiyNvould be or would likely be before this committee !— A. I 
don't remember exactly. We have had a general talk about matters. 

Q. What did be say to youl— A. He said that Mr. Chitteuden's tes- 
timony was a very fair statement of matters, aud his testimony would 
not be in conflict with it. That was the substance ; not perbaps the 
words. 

Q. Did he tell you that he bad received notes to the amount ot 
$72,000 for bis own beueflt on the De GolyerandMcClellancoutract ?— 
A. No, sir. 

Q. Or that he bad not ?— A. He didn't tell me whether he bad or had 
not received notes for $72,000. 

Q. Did be say to you whether or not he had received the amounts 
spoken of by Mr. Obittendeu as baving been paid to him, or did he say 
that somebody else shared in that fund ? 

The Witness. Do you mean since he has been here this time ? 

Tbe Chairman. Yes, sir. 

The Witness. No, sir, be did not tell me that. 

Q. At any time, then !— A. Heretofore we bave had general conver- 
sations about various matters, aud that also. 

Q. Did he say he bad shared any portiou of that money with any 

one? A. He has told me that he did not have the beneht of all that 

money. . 

Q. Did he tell you who had ?— A. Not directly. 

Q. Did he indirectly, so as to lead you to infer that any one had 
shared with him that money?— A. I should prefer not to answer that 
question at this time, because there are other facts connected with it 
that I should like to explain. 

The Chairman. The committee will adjourn to its private room, in 
order that the wituess may be examined upon this subject, so that he 
will not be involved iu auy way. 

Tbe committee thereupon retired to the consultation-room and re- 
mained in session until a late hour iu tbe evening, witnesses aud par- 
ties in attendance being informed about half after five o'clock that they 
need not remain any longer, as tbe public session of the comuiittee 
would be regarded as haviug been adjourued until 10 o'clock to-morrow 
moruiug. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1413 

Thursday, Aiml 30, 1874. 

At 10 o'clock a. m. the conimittec resumed its public session. 

The readiu.n' of the journ:il was dispensed with. 

IMr. JMattingly. We desire to put Mr, A. II. Shepherd on the stand 
to testify to two distinct nuitters, reserving his testimony upon other 
subject-matters to another stage of the case. 

Alexander R. Shepherd, heretofore sworn, examined. 
By Mr. Mattingly : 

Question. Please explain to the committee the circumstances con- 
nected with General Babcock's measurement, under the act of 
Congress making the api)ropriation of twelve hundred and odd thou- 
sand dollars- — Answer. As I said once to Judge Wilson, when 
he was cross-examining a witness, this estimate was made up in 
September of work which was contracted for and in progress, so 
as to be incor{)orated in our November report. Tlie epizootic came 
on and some of the work was delayed and not done, but a good 
deal nnn-e than the aggregate was done. The House in the deliciency 
bill, which was introduced in December, inserted a clause ap])ropriat- 
ing $1,210,000 to re-imburse the board of i^ublic works for expenditures 
around Crovernment property — around the property of the United 
States. That passed the House and came to the Senate, and I think it 
was on 23d of December it passed the Senate with a slight amend- 
ment — an amendment offered by Judge Edmunds, of A^ermont, 
to this effect: That the prices paid, as well as the quantities of w^ork 
done, should be approved by the engineer in charge of public buildings 
and grounds. The bill virtually passed both Houses with this amend- 
ment. The parties were clamorous for their money. The amendment 
could not be acted upon until the House met after the recess. After 
consultation with my brother members of the board, we addressed a 
letter to fxeneral Babcock reciting the facts, and asked him, in order to 
gave time and make this money available for those who needed it, if he 
would nut order his engineer to measure up the work before the meeting 
of Congress, so that there would be no delay when they met; which he 
did. Congress met, and on the day after their meeting they adopted 
this amendment ; the bill was signed und the money was drawn at once. 
That is the whole history of that. 

By the Chairman : 
Q. When was this recpiest made to General Babcock to measure ? — 
A. Just after the Senate adjourned for the Christmas holidays. The. 
bill had i)assed both Houses with the exception of a verbal amendment 
whicli was to be concurred in by the House, and it was subsequently 
done. 

By Mr. Wilson : 

Q. In your answer, commencing on page 423 and ending on page 
471, that is the measurement made by General Babcock, is it 1 — A. Yes, 
sir; I think so. 

Q. Now, on page 441 you will find this reservation 17 that has been 
so often alluded to, that is embraced in that measurement ? — A. It is in 
this bill. 

Q, Had tin; board done any of that work ? — A. Not to my knowledge 

Q. So that there is in that n)easurement work that was not done Uy 
the board of public works ? — A'. 1 think so. 



1414 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Are there any other items in there that you are aware of except 
reservation 17 "? — A. No, sir ; none that I am aware of. 

Q. Bat that one is an item that was not clone by the board of public 
works, amounting' to $14,380.35? — A. That is my impression, sir. 

Q. I do not care to take time now to go through this in detail, but I 
should like to ask some further questions on this subject. I simply 
called your attention to that one item now. 

By Mr. STEWART : 
Q. I should like to inquire right in that connection by whom that 
work was done? — A. 1 heard the surveyor testify — Mr. Forsyth testified 
that a part of it was done under the board of public works since they 
came in, and was settled for by the commissioners of the sinking fund 
for the District of Columbia. I do not know that to be the fact ; he had 
the voucher for a jjortion of the work. 

By Mr. Wilson : 

Q. You have seen that flagging down there ? — A. Yes, sir ; I have 
seen the flagging. 

Q. Could you say, from looking at that flagging, that any part of it 
was done by the board of public works ? — A. 1 think not. 

Q. You saw the character of the flagging — the quality of it ? — A. Yes, 
sir. 

Q. Would you think that 00 cents was a proper price for that old 
flagging that is lying there "? — A. No, sir ; I think it is an exorbitant 
price. 

Q. Here are gutters at 55 cents. — A. I should think that was a large 
price. 

Q. Is not that an exorbitant j)rice 1 — A. I shoukl think so ; yes, sir. 

Q. Here is grading at 10 cents that was done prior to the board ; what 
do you thiuk of that? — A. I do not think 10 cents is an exorbitant 
price for grading. It depends a great deal upon the nature of the 
grading. 

By Mr. Mattingly : 

Q. Please state the connection of the board of public works and of 
yourself individually with the De Golyer & McClellan contract — all the 
circumstances connected therewith. — A. The first intimation that I had 
of the De Golyer & McClellan contract, I think, was made to me by 
Mr. Huntington. If my memory serves me right he introduced Mr. 
Chittenden to me. I am not certain of that point. He said to me one 
day, in passing down Fifteenth street — he was standing on the steps of 
the bank — " What are you doing about contracts f I think that was in 
Februar}^, 1872. Says 1, " We are not doing anything ; we are going 
through our annual investigation, and we do not propose to do any- 
thing just now." " Well," says he, " I have got a friend here for whom 
I want a contract." '' Well," I said, " he will have to take his chances 
with the others, put in his proposition, and stand on his merits." I 
heard nothing further about this matter until after Mr. Huntington's 
death. Governor Cooke came to see me one day — I suppose it was 
a couple of weeks, probably, after Huntington's death — and said that 
Mr. Parsons, who was then marshal of the Supreme Court, and an inti- 
mate friend of his, had been to see him in reference to a contract which 
Mr. Chittenden, as an agent or partner of a firm in Chicago, was seek- 
ing for laying wooden pavement ; he said that Mr. Parsons was act- 
ing as attorney for Mr. Chittenden, and was anxious that he should 
have a show, I told Governor Cooke that that was a matter to 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1415 

be (letonnined iu tlie future; that Mr. Parsons and Mr, Chittenden 
Mould lia\'e to put their matters before the board and let the case 
be determined upon its merits as a pavement. I met Mr. I'arsons 
ill his office here one day. I went iu with Governor Cooke, and this 
luatter was talked over, and I made the same statement to him; and 
sometime afterward jVIr. Parsons with Mr. McClellan came before the 
board and presented their paveuient, made a long argument in regar<l to 
its excellences, and quite exhausted the subject and exhausted the 
board. That was followed up by frecpient pressures by Mr. Pai'sons, 
and General Garfield spoke to me about it once; said that Mr. Parsons 
had employed him to assist him in i)reparing a brief of the argument, 
or something of the kind, and he had gone into the ]iavemiMit i)retty 
thoroughly and was satisfied that it was a good thing. One of the argu- 
ments used, 1 recollect, was to the efi'ect that we should give the West a 
show ; that all our contractors were eastern men ; and they were the 
largest paving firm in the West, who were prepared to do their work, 
who had done a very large amount of it, and that they sliouUl have au 
opportunity to put some down here. 

Finally the board met, and after thoroughly considering the subject 
awarded a contract to De Golyer & 3IcClellau. I have sent down for 
the letter-book from the office ; it will be here in a few moments. The 
award was made by the full board and entered upon the minutes by the 
clerk, and the award made out by the clerk of the board. Mr. Chit 
teuden said that it was delivered to him at my private office, which 
may have beeu the case, as frequently letters were sent up there for me 
to sigu, and he may have come iu and the letter may have been 
delivered to him on that day at my office. The work began. These 
parties were represented as being men of very large means and as men 
thoroughly competent to do their work. They had not gone very far 
beibre I came to the conclusion that their ability to do work had beeu 
misrepresented; that they were not men of means as had beeu staled ; 
nor were they doing the class of work which we wanted done. They fin- 
ished Pennsylvania avenue and Eighth street east late in the winter — iu 
the spring of 1873, I think it was. 

Then we demurred to giving them any more work on the ground that 
the people were dissatisfied with this pavement ; and that representa- 
tious had beeu made as regards tlie treating process, and generally 
were dissatisfied with it. We were imi)ortuued a very great deal by 
different parties re[)reseuting this concern. Along last year, iu 1873, 
Governor Cooke sent uie one day a letter which he had received froiu 
Hon. J. II. Doolittle, as counsel for certain parties interested in this con- 
tract. If the committee desire it, I will read that letter. It is mai'kcd 
"private," but, as it is a public matter, I have uo hesitation iu read- 
ing it. 

Governor Shepherd theu read as follows : 

[Private.] 

Racine, Wis., Otfick 77 Clark Strkkt, Chicago. 

August l(i, lr>73. 
Dear Sir: In tliecourKcof my pi'ofcssioiial biiHiness here, a friend ami client re.siiting 
near my .son in tliis city has placeil a very important matter in my hanil.s, as liis conli- 
dential coiin.sel and adviser, and as it concerns the hoard of jinhlic works of the city 
of Washin^^rfon, I have taken the liberty, from onr friendly and social relations diirinfj 
times past, to write yon ni)on tlie snhjeet helore tin; matter is preseiiteil in court or is 
made pnhlic. Thn.s far he has n<it mentioned any names or <;iven any pnbliciiy e\eei»t 
to his conn.sel in contidence. The gentleman to whom I ivJer is Mr. Robert .McClellan, 
of the Into hrm of Do Golyer & McClellan. Ou tho 2'ith of Juuo, 187:i, the board 



1416 AFFAIRS IN THE DISTRICT OF COLUxMBIA. 

awarded to them 150,000 yards of Avooden pavement, of the patent known as " De 
Gnlyer No. -2," wood to be treated by the Samuels in-ocess. 

And also conditionally 50,000 additional yards, at !|3.50 per yard. 

This was by resolution in writing upon the records of the board ; and it was accepted 
by them in writing on the same day. 

It was a contract binding upon both parties. 

They erected works at an expense of nearly $30,000, procured the lumber for the w^ork, 
and have it on hand. But about 54,000 only have been put down. They have lost 
their time; paid large amounts of interest ; if compelled to sell their lumber and 
■works at Washington, will be heavy losers by thousands ujion thousands of dollars, 
prolialdy siiO.OOO and upwards. This is the situation upon the surface. But there is 
an inside view of this matter, and which is by far the most oppressive upon my client. 

In order to get the contract from the board of public works the contractors were 
compelled to pay in cash f25,000, and to give their notes, payable to their own order, 
for 172,500, or $97,500 — the ]irice bargained for at first being 50 cents per square yard, 
or $100,000, but finally fixed at $97,500. Of those notes, one of $2,500 and one of $5,000 
have been paid, making $32,500 paid in cash, which is much more than 50 cents per 
sijuare yard upon the pavement laid down. The notes were given to pay the 50 cents 
per yard as the paven.eut was laid down. But the board from time to time has declined 
to designate the streets to be paved, in violation of the spirit and letter of the contract, 
■which contemplated the period of five months for the 150,000, and the other 50,000 the 
same season or the next. 

Mr. McClellau protests to me that he was ready to stand by his word and pay the 50 
cents per yard as fast as the i^avementw^as laid, which was the understanding when he 
gave those notes to obtain the contract. But as the board have put him off wi th various 
unfulfilled promises to designate the streets from time to time, without designating 
them, he cannot and he will not pay any more of said notes ; and his instructions to me 
are to defend the notes, if sued upon, and if not to file a bill to cancel them, upon the 
oin-ious ground that they are wholly illegal and void. 

The letters, telegrams, and papers, shown me in confidence, confirmingthe statement 
of the parties in the transactions, seem to leave no possible doubt as to the considera- 
tion of these notes. It will be a most painful professional duty, but one from which I 
must not shrink. I deemed it, however, due to our former relations to say to you that 
I have personally no unkind motives toward any of the persons, living or dead, whose 
names are involved in this matter. I would have preferred to say this to you in person, 
and would be disposed to meet you half-way, and to give you any other information 
you desire. Could you meet me at Cleveland or at Cincinnati, or here, or elsewhere, 
and when ? 

Respectfully , yours, 

J. R. DOOLITTLE. 

Hon. Henry D. Cooke. 

To that letter I prepared tlie following answer, which was sent to Mr, 
Doolittle, signed by Governor Cooke: 

Board of Public Works, District of Colvjibia, 

Washhi(/ion, August 28, 1873. 

Dear Sir: I am in receipt of your communication of the Kith instant, in which yon 
state that " a very Important matter," concerning the board of public works, has beeu 
})laeed in yonr hands as confidential counsel and adviser. 

In reply, allow me to say that there is nothing in the De Golyer & McClellan con- 
tract which either I or any member of the board can possibly object to have brought 
before the public. The unsatisfactory manner in which the contract was performed, 
.both as to work and material, virtually necessitated its abrogation ; and if, on this 
account, your client feels aggrieved, there can be no objection, on our part, if he resorts 
for redress to a court of justice. 

With respect to the transactions of that firm with other parties, the board have no 
information other than that which your letter furnishes — are in no way connected with 
or involved in them, and can therefore have no possible objection to their development 
before the courts. Permit me to assure you that, although much abused, the board 
rather court than avoid investigation, and that in prosecuting the case of your client, 
there is nothing -VN'hich need interrupt the friendly and social relations to which you 
so pleasantly refer. 

Highly appreciating the kind motives which induced your communication, I am, very 
resi)ectfiilly and truly, yours, 

^ ^ H.D.COOKE, 

Governor District Colum'bia and Frcsiclent Board Puhlic Works. 

Hon. J. R. Doolittle, 

Chicayo, III. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1417 

Abont the same time I received tliis letter from ]Mr. Oliitteiuleii, 
marked " confidential," but as I did not treat it as a contidential letter, 
there will be no harm in putting it in the record. 



[Confidential. 



364 MicniGAN AvKN'iJK, 

Cit'lcago. III., August 25, 1873. 



My Dkak Sir : It liecorues my duty to inform yoii that within a woek past facts have 
come to my knowledKO which indicate that there is to be trouble aliead. Since the 
10th of May I have had no communicati<n]s (save once or twice) witli McChdlaii & 
Jenkins. About one week ago Jenkins returned from Washington, and, after calling 
twice to see me, I called upon him, when, to my surjjrise, " he had become disgusted with 
Washington, hud abandoned all idea of any more work there ; that although rejieatedly 
promised work, yet he was satislied it was the intention of Mr. S. to give us uo more 
Avork, and that he had determined to institute legal proceedings, and had accordingly put 
his papers iu the hands of ex-Senator Doolittle, attorney, with instructions." I then 
asked Jenkins, '* Have you indicated to Mr. S. your intentions?" His answer, " Not 
at all." I again asked, " Is it fair to Mr. S. to act iu this manner until you have done 
so ? " His answer, " It would be regarded as a threat on my part, and do no good." 

Now, Mr. S., I ask of you the favor to extend this contract, ami avoid impending 
trouble. Should you conclude to do it, send for me, and do it through me, and I will 
see that such disposition is made of all questions which may now embarrass action as 
that they never can arise again, or the contract shall not be extended. 
Very truly, yours, 

GEO. R. CHITTENDEN. 

Hon. Alexander R. Shepherd. 

To that letter I replied as follows : 

Board of Public Works, District of Columbia, 

Washingion, August 28, 1873. 
Dear Sir; I am iu receipt this morning of your letter of the 2r)th instant. Although 
marked "contidential," I find that it really pertains to matters affecting the board 
of public works, against which you inform me McClellan &. Jenkins have de- 
termined to institute legal proceedings. This intention, ou their part, I confess, some- 
what suri)rises me, for, considering the manner in whu-h they perl"ormed their work, 
the board were more tolerant than, perhaps, was consilieut with a due. regard to dut}'. 
If, however, the suit is to be entered against us, we shall be most willing to have the case 
brought before the courts, and there fully and fairly tested. 
Truly yours, 

ALEX. K. SHEPHERD. 
Geor(;e R. Chittexdex, Chicago. 

About the .same time, a little after, I received a letter from Mr. Far- 
well, written in behalf of his constituents. 1 will state that these letters 
were written by Colonel Moore, my former i)artucr, in my private office, 
at my dictation. This letter, which I will read, I tliink was written in 
Sei)tember. I have sent down to get the exact date of it. It was written 
by ]\Ir. Bassett, who was acting as my stenographer at tliat time. These 
letters were written by Mr. Moore, my ibrmer partner, and these copies 
are in his handwriting. This letter was sent me by Mr. liassett a few 
days ago. He happened to have a copy of it. 

John V. Farwkll & Co., Wholesale Dry Goods and Carpets. 

Chicago, September 2, 1873. 

My Dear Sir : Mr. McClelland, of the firm DeGolyer & McClellan. has called upon 
me and re(|uested me to go to Washington to see you in regard to their contract or 
award for paving 2(10,000 yards of ironized (Samuels process) paving. His complaint 
is that he was reciuired to ]>ay fifty cents per yard for this amount, that he has paid 
$i32,000 in money and given his notes for the balance, (about $(3G,000,) and that said 
notes are due and collection is pressed. 

Mr. C. desires that the work be awarded him under the award so that ho can pay 
these notes, r)r that the notes be returned to liim. 

Mr. C. does not claim that either you or any member of the board knew any- 



1418 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

thine; about these notes or|l?2,000in money; hut he does say that he was compelled to 
account iu advance, at the rate of fifty cents per yard, for every yard of paving 
awarded his firm. It seems to me that Mr. C.'s request is a just one, (give him 
the work agreed upon or return him his notes,) and I write you this note that justice 
may l)edoue him, feeling confident that if it is iu your power that it will be done, I 
would see you in person rather than write you had I the time to spare. 
Yours, truly, 

C. B. FARWELL. 
Hon. A. R. Shepherd. 

The reply is as follows : 

Washington, D. C, Septemher 5, 1873. 

My Dear Sir: I have your letter of the 2d instant, relative to certain statements 
made by Mr. McClellan, of the firm of De Golyer «& McClellan, in regard to their con- 
tract for paving in this city, iu which you state that they made certain payments to 
outside parties to secure the work. Of this matter the board knows nothing, and can 
take no cognizance. Had they known that such jobbery was going on, no contract 
would have been awarded these parties. As it is, the work which was done by them 
was of such an inferior nature, the material and process of treating so unsatisfactory 
that the board could not do otherwise than stop the work. It is no use for tliem to 
whine on account of such stoppage, as we have been very lenient and done the utmost 
in our power to help them. 

I earnestly hope that these parties, if they have made any payments to outside job- 
bers, will recover it by suit, as I would like to see this class of cattle brought to justice. 

Rest assured that anything I can do for yourself or friends, consistently, it will be 
my pleasure to perform ; but I know you would not ask me to do anything that I could 
not do conscientiously as a public officer. 
Yours, very truly, 

ALEX. R. SHEPHERD, 
Vice-President Board of Public Works. 

Hon. C. B. Farwell, Chicago, III. 

I will state tliat 1 never knew of the existence of Mr. Kirtland or JMr. 
Calvin Brown until this testimony began. I will state further, that 
hearing a week or ten days ago, incidentally, that my partner, Colonel 
Moore, was acquainted with Mr. Kirtland, I went from here at the recess 
and questioned him in regard to his acquaintance with Mr. Kirt- 
land. He told me at thaf time that he had known Mr. Kirtland while 
he was here — while this matter was under consideration; that he was 
in the habit of coming into the store ; that he had been acquainted 
with him a long while, and that he had spoken to him iu regard 
to obtaining a contract, and had made him certain promises. I said 
to Colonel Moore at the time " Why did you uot speak to me and let 
me know that these parties were making you offers "P He said, " ATell, 
I did not consider it was my place to say anything about it." I said to 
him then that I thought he had acted in bad faith toward me, and that 
he placed me in an embarrassing position, and one which I could not 
appreciate just at that moment. I heard nothing more of the matter 
so far as this Kirtland contract was concerned, except as has been 
stated to the committee by counsel; and night before last, upon hearing 
Colonel Moore's testimony, he came and told me what he had said to 
the committee ; that he had a written memorandum made with these 
parties. I said to him that while it was the most painful thing that had 
occurred to me in my life our business relationship must cease, which 
it did this morning. 

I have laid the matter before the committee, and I shall be glad to 
answer any questions that they may put to me. I have here the award 
in the letter-book. It is as follows : 

Board of Public Works, District of Columbia, 

Washington, June 25, 1872. 
Gentlemen : The board have this day awarded you a contract to lay one hundred 
and fifty thousand yards of wooden pavement of the patent kuowu as the "De Golyer 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1419 

No. 2 " — wood to be treated by the Samuels process— on such streets as may be desig- 
nated, the whoU* to be com])leted withiu five mouths from this date. Au additional 
amount of fifty tliousand square yards will be avvardt-d you so soon as tbe board are 
re-inibursed by the Geiuaal Government on account of exi>enditures around public 
buildin-^s and grounds, or you will be allowed to lay it this season if you can wait 
until an appropriation is made for this purpose, at three dollars and fifty cents per 
square yard. 

Very respectfully, &c., w 

ALEX. R. SHEPHERD, 

Fice-Fresident. 
Messrs. Dk Golyer & McCleli^vn, Chicago, III. 

By tbe Chairman : 
Q. Have you exhibited to the committoe all the letters ami i^apers 
connected M-ith this De Golyer »& McClellan contract so far as you 
know ? — A. I think there are some letters from Mr. Chittenden, but 
nothing- which hint at or have any relation to this matter. 

By Mr. Stewart : 
Q. Did 5'ou have any conversation with Colonel Moore about this con- 
tract at the time it was in progress of negotiation ? — A. Never but 
once. I was going up the stairs at my store to my private ofticc, and 
Colonel Moore came out from his desk, which is behind, and said to me, 
" There are certain parties here striving to get a contract." He men- 
tioned the name Chittenden. " What are you going to do about it ?" 
Says I, " I do not know anything about it; that is a matter for the board 
of public works to determine ; they have not considered the subje(;t yet." 
I think that was the only time he ever spoke to me about it. He may 
have spoken again about it, but it was in such a desultory way, aud 
without any apparent purpose, that I took no notice of it at all. 

By Mr. Hubbell : 

Q. Did you know before you heard of Colonel Moore's testimony h(^re 
that he had at any time a written agreement or memorandum f — A. I 
did not. I had no conception of it. 

Q. Please state to the committee, if you can remember, just tlie exact 
conversation which occurred between you and Colonel Moore at the 
time you called on him during the recess. — A. I said to him, " Billy, I 
have heard that you know this man Kirtland." Says he, '' Yes, I know 
him." " Well," says I, "what do you know about him ?" Said he — he 
went on to speak of his having been here in the war from 1802, an ofHcer in 
"Scott's Xine Hundred;" that he was a clever fellow, and a fri«Mul of his ; 
and 1 said then that he was mixed up in this Chittenden contract busi- 
ness. He said, " Yes, he is mixed ui) in it, and he wanted me to help 
him about it, and offered to give me i)art of the money." " Well," says I, 
" you did not have anything to do with it, did youf Says he, " Not a 
thing." He went on, and made some general statement in regard to it, 
but there was no point in it that im[)ressed me at the time. 

Q. J)id he tell you at that conversation that Kirtland had at one time 
offered him half of the notes ? — A. Yes, sir; he told me that Kirtland 
had otfered him some of the notes, but he declined to have anything to 
do with them. 

Q. Did he say that Kirtland had offered him any money? — A. That 
I am not positive about. He had offered him some of the proceeds, but 
he said that he had declined to take it. He stated vsonu'.tliing to this 
effect: that Kirtland had said to him that he was going to sell tlie notes, 
and put the proceeds to his credit in New York, or soinewlnTe else. I 
asked him if he had ever done so — if he had ever touched the money. 
He said he had not. 



1420 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Has Colonel Moore ever spoken to you about awarding contracts 
to other ])arties? — A. Never, to my knowledge. 

Q. Was this letter of ex-Senator Doolittle to Governor Cooke the first 
intimation you ever had that notes had been given ? — A. The first I 
ever heard of the transaction. 

Q. Did you ever follow up that investigation to see to whom 
those notes had been given? — A. I had no means of following up the 
investigation. Mr. Chittenden was not here, and I had no means of 
finding out where the notes went to. I supposed that the matter would 
be ventilated in court. T was anxious that it should be, and acted in 
the manner 1 have stated to the committee. 

By the Chairman : 

Q. When did you first intimate to those parties that you would not 
permit them to goon with the contract?— A. Abont the time they were 
doing the work on Pennsylvania avenue — finishing up their work on 
Pennsylvania avenue east and Eighth street ; wliich, if my memory 
serves me right, was along in December, 1872, or January, 1873. 

Q. With whom did yon have that conversation or interview ? — A. I 
had it on their ground with their foreman, and, I think, with Mr. Mc- 
Olellan, and with everybody connected with it. I was not slow about 
expressing myself in regard to it. 

Mr. MATTiNaLY. I would state, Mr. Chairman, that I have here an 
abstract of journal entries of the board relating to this matter. The 
journal entries are as follows: 

G. R. Chittenden, June 26, 1872: He requested that in contracts made with De Gol- 
yer & McClellan, article No. 4, which gives the board the right to suspend contract 
without any assignable reason, be stricken out, &c. — No. 4648, vol. 2, 1872 ; file. 

August 24, 1872, (No. 8180, vol. 4, 1872,) he desired to know if the use of spruce 
instead of pine, by Messrs. De Golyer & McClellan, meets the approval of the board, 
and whethtir the same is as satisfactory as pine. August 28, 1872, he was notified by 
telegraph that spruce timber would be accepted, if properly treated and up to the 
standard, in fulfillment of contract of De Golyer & McClellan. — Journal A, 1872, page 493. 

September 18, 1872, he forwarded an application for a contract to pave streets with 
wood, according to the De Golyer patent No. 2, to the extent of 200,000 square yards, 
pine or spruce, and stated the application is from De Golyer & McClellan, and is for 
further work, not interfering with that already awarded them. — No. 927.5, vol. 4, 1872 ; 
file. 

De Golyer & McClellan, May 14, 1872, made application for laying 150,000 square 
yards of wooden pavement, known as the "De Golyer No. 2." — No. 4483, vol. 2, 1872. 

June 25, 1872, chief engineer was directed to prepare a contract with Messrs. De 
Golyer & McClellan, of Chicago, 111., for laying 150,000 square yards of De Golyer 
wooden pavevuent No. 2, treated by Samuels's process, and to be laid on such streets as 
may be designated by the board; and to be completed in five (5) months; and an ad- 
ditional 50,000 square yards as soon as the board are re-imbursed by the General Gov- 
ernment on account of expenditures around public buildings and grounds, or they will 
be allowed to lay it this season if they can wait for an appropriation, at $3.50 per 
square yard. — Journal A, 1872, page 321. 

Juue 25, 1872, they accepted the contract, as above stipulated. — No. 4645, vol. 2, 
1872. 

July 17, 1872, ordered by the board that the roadway on Pennsylvania avenue, from 
First to Eighth street east, be paved with De Golyer wooden pavement No. 2, treated 
by the Samuels process, and that a contract be made with De Golyer & McClellan to 
lay the same at $3.50 per square yard. — Journal A, 1872, page 383. 

September 25, 1872, chief engineer was directed to instruct Messrs. De Golyer & Mc- 
Clellan to proceed at once to pave Eighth street east, from Pennsylvania avenue to 
uavy-yard gate, with same style of pavement as laid by them on Peuusylviinia avenue, 
from E'irst to Eighth street east, aud to afford them every facility to push the work to 
rapid completion. — Journal A, 1872, page 564 : L. R., 9497, vol. 4, 1872. 

October 2, 1872, they were requested to furnish a copy of the specifications of the De 
Golyer wooden pavement No. 2. — Journal B, 1872, page 6. 

October 21, 1872, Joseph J. Campbell was appointed inspector to supervise the treat- 
ing of De Golyer, No, 2, wooden paving-block at the f ot of Fourtli street east, aud will 



TESTIMONY OF ALEXANDER E. SHEPHERD. 1421 

enter npon his duties at once, and see that the treatniont is in accordance with specifi- 
cations, and to reject all wood iiiiproptuly treated. — Journal IS, 1872, page oo. 

October :W, I'^T'^, they stated that tliey will have comi)leted the jiavins of Pennsyl- 
vania avenue and Kiglith street east within the next few days, and sliall he ready to 
commence hauling block and gravel u])ou any new streets that may be assigned to them 
under their award by Monday, the 4th of November. — No. IIUOI, vol. 5, ln72. 

November 1, 1872, they were notilied in reply to the above, that inasnuieh as great 
complaints are already made of work done by tliem,it is deemed inexpedient to award 
them any more until after their past work shall have been inspected, and they were 
requested to i)ut their work in proper order at once. — Journal B, 1872, ])age 8:5. 

Novendjer 2.'), 1872, they were notilitul that Pennsylvania avenue east is in a terrible 
condition, and immediate steps are re([uisite to prevent a disgraetj to tlie lioard ; and 
they were re([uested either to finish the work immediately in good order or relinquish 
the job ; and to be done this week, or the board will be obliged to adopt a course that 
will be disagreeable. — Journal B, 1872, page 1:57. 

January 4, 1873, contract clerk was directed to have Messrs. De Golyer & McClellan 
sign their contract for the improvement of Pennsylvania avenue and Eighth street at 
once. — Journal A, 1873, page 5. 

January 7, 1873, they were notified, in reply to their requestfor $4,000, (No. 13162, 
vol. 5, 1872) that the chief engineer reports tliat he examined the pavement on Penn- 
sylvania avenue east, and regarded it tjs a bad job. — Journal A, 1873, page 11. 

January 1.5, 1873, they were directed to produce satisfactory evidence as to the 
standing of their bondsmen from the United States district attorney. 

January 23, 1873, chattel mortgage to the board for certain machinery for the pres- 
ervation of wood, valued at .'j^OjtiOO, wliieh has been accepted in lieu of bond on their 
contract on Pennsylvania avenue and Eighth street east, together with power of at- 
torney to J S. Cook. Referred to Col. \Vm. A. Cook, attorney. — No. 873, vol. 1, 1873. 
I Now in the hands of the committee.] 

January 23, 1873, the superintendent of property was directed to take charge 
of, and store in some suitable place, the machinery for the preservation of wood 
conveyed to the board of public works by Messrs. De Golyer and McClellau, by 
chattel nuirtgage, dated January 16, 1873 ; and he was furnished with a schedule of 
said nnicliinery. — C. L. P., vol. 1, 1873, p. 426. 

March 18, 1873, they were directed to put their work done under their contract ia 
complete order and condition before the 1st day of May next, and no new work will be 
awarded until this order is complied with. 

May 31, 1873, they were directed to pave the intersection from wood pavement to 
the railroad-track from First to Eighth street east. — Journal A, 1873, p. 208. 

By the Chairman, (to Governor Shepherd :) 

Q. What did they say in reply to your statement to that at that 
time ! — A. Well, they made a variety of excuses in regard to their work. 
The principal trouble with the affair was inefficient management. The 
matter was left here without any head. 

Q. After Mr. Quinby came here and exhibited to the board of pub- 
lic works saniides of work in Chicago, if I remember his testimony cor- 
rectly, you then notified them that the}' could not lay any more pave- 
ment down ? — A. We notified them that they could not lay any more 
pavement down treated by that process. 

Q. AVliat reply did they make to that statement ? — A. They made 
several rei)resentations. Mr. Farwell stated that he came on to see 
about it; and they furnished certain infoiination or certificates from Chi- 
cago. They sent a certificate from the board of public works of Cliicago, 
stating that the pavement laid by them was in good repair, and was 
consitlered as good as any. I think tiiat was in evidence. That was the 
best authority that we could have, and as the thing had been sold out, 
and they were very anxious to lay down the wood tliey had cut, the 
board conclmled to let them finish up some streets. 

Q. Did they make any representation to you in any of these inter- 
views that it had co.st them a large sum of money to secure this con- 
tract, and that therefore they ought to be permitted to go on .' — A. I 
never heard of it until the.se letters came. 

Q. You m^ver knew from any .source, until you received this letter 
from Judge Doolittle, that they had paid any person or per.sons any sum 
whatever for this contract? — A. 1 did not, so help me God. 



1422 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You supposed tbey would pay Mr. Parsous something? — A. I 
supposed tbey had paid his fee as an attorney. 

Q. Did you know Mr. Page ? — A. I did not. I never saw him, to my 
knowledge. 

Q. He is of the firm of Dent & Page. — A. I do no know him, and 
have no knowledge of his identity at all. 

Q. Did he speak to you about contracts ? — A. ]S"ever, sir. 

Q. Did ycni ever see the iiev. W. Colvin Brown? — A. I never knew 
of the existence of such a person. 

Q. You never saw him ? — A. I never saw him. 

Q. Have you ever seen Mr. A. B. Kirtland ? — A. 1 never have, to my 
knowledge. 

Q. You do not know Mr. A. B. Kirtland ?— A. I do not. 

Q. You never saw such a man in your store ? — A, I never did ; that 
is, to recognize him. 1 may have spoken to Mr. Kirtlaijd as I speak 
ever^' day to people that I do not know, who are introduced to me ; but 
it is something that does not affect me at all. 

Q. Were you in the habit of being at your store during the spring of 
1872 ? — A. I was there every day. 

Q. But never saw Mr. Kirtland there? — A. I never saw Mr. Kirtland. 

Q. Nor Mr. Brown ? — A. No, sir. 

Q. Did you ever see Mr. Chittenden there ? — A. I have seen Mr. Chit- 
tenden there several times. 

By Mr. Mattingly : 
Q. State the location of your office at the store. — A. My private office 
is on the second floor. The store-office is on the first floor. I go up 
stairs to my office. I suppose Mr. Chittenden was at my place — well, a 
good many times; I would see him loafing about the place 5 he would 
come up to my door and speak to me. 

By the Chairman : 

Q. When you are at your own store, are you generally in your private 
office? — A. Always. 

Q. Where does Colonel Moore stay there? — A. Just below, in the 
lower office. 

By Mr. Stanton : 
Q. At the end of the store ? — A. At the end of the store. 

By the Chairman : 

Q. He had charge of your books, had he? — A. Yes, sir. 

Q. Then he was not in the habit of being in your private office? — A. 
He was not there once a month, without I sent down for him. 

Q. Did Colonel Moore ever speak to you about this contract of 
De Goyler «& McClellan ? — A. Never, except in the way which I have 
spoken of a few moments ago. I said that one day I was going up the 
stairs to my private office, and had come in from the country ; Colonel 
Moore came out from his desk and hailed me, and said to me, "Aleck, 
Chittenden is here, applying for a contract for De Golyer & McClellan." 
I said "Yes." " Well," said he, "are you going to give it to him?" I 
said, " 1 do not know anything about it ; that is a question the board 
will have to determine; the thing must stand on its merits." He said, 
" Have you considered it?" I said, " Samples have been put in, and an 
argument has been made in regard to the case, but I do not know what 
is going to be done about it." That was all that passed. It was just 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1423 

such a conversation as that is. He did not press ft, or say anything 
except "They are botherinc: nie," or something of that kind. 

Q. That is the only interview you hud with Mr. INIoore on that sub- 
ject ? — A. I think that is tlie only time he ever si)oke to me on the sub- 
ject. He may have si)()ken again, but it was in such a purposeless way 
that it did not attract my attention at all. 

Q. It made no impression on youf — A. Xo, sir. 

Q. At the time Mr. Parsons made his argument before the board of 
public works, were you present? — A. I was. 

Q. That was an open, public argument ? — A. An open, public argu- 
ment. 

Q. In a regular session of the board ? — A. Yes, sir ; I think that the 
same pavement and process had been argued before by a gentleman who 
testified here, ^Ir. Nickerson. He testified in regard to tlie same thing. 

Q. At that time you did not see Mr. William Colvin Brown at the 
meeting of the board 1 — A. I did not know him. 

Q. You did not recognize him ? — A. I did not recognize him at all. 

Q. You had no intimation from any source that ^Ir. Moore was inter- 
esting himself in this contract? — A. I had no intimation from any 
source, nor had I any such idea. If I had I should have put my foot 
on it very quickly. 

Q. When did you first learn that Colonel Moore knew Mr. Kirtland ? 
— A. The first intimation that I had was in this committee-room, the 
morning after Mr. Chittenden got through testifying. It was said that 
Mr. JMoore was acquainted with Mr. Kirtland. I went down, as I said 
to you, and questioned him in regard to it. 

Q. Did he leave the impression upon your mind at that time that he 
had been aiding Mr. Kirtland ? — A. Well, he left this impression : that 
this man had been badgering him to help him to get a contract, and had 
ottered him certain moneys, but he had treated it as a joke ; that he had 
not considered it as a sober reality; he had not considered it in that way. 
He said the man brought him the notes, and he laughed and told him 
that he did not want any notes; that if he had any money it would be 
a ditferent thing; and then this man said he was going out to sell the 
notes, and would deposit a certain amount to his credit ; and Moore 
said, " Well, when that is done, that is a different sort of thing,'' or 
something of that kind, just in that otf-hand manner. I had no idea 
that there was any plan, or had been any arrangement between these 
parties, and I will state the reason : Colonel Moore is a man who is 
known to be a man of the world, thoroughly acquainted with business 
affairs. He was the private secretary of Senator Cameron, of ]\Ir. Stan- 
ton, of Andrew Johnson, and was ray life-long friend, and my school- 
companion, whom I took out of the Army and gave an interest in my 
busine.-ss on account of his wonderful business qualities. He is the last 
man in the world that 1 sni)posed would have tolerated a i)roi)osition of 
the kind, and I cannot ae(;ount for it now that he should have done so, 
knowing the jtosition in whi<-h he stood to me, and the position in which 
1 stood to the public. 

Q. Von knew that Mr. Kiitland Avas here last week ? — xV. I heard that 
he was here ; 1 did not see him ; 1 never saw him in my life. You 
know I heard in a confidential way that he was here, and gave you an 
intimation, as we walked up th(i avenue, that Mr. Kirtlantl was in the 
city, hoping that Ik* would be brought here. I stated to you, if you 
recollect, that 1 hoped he wouhl be brought here. 

The Chairman. Vou stated to me, governor, that he had been seen 
by George Alfred Townsend. 



1424 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. Mr. Harrington stated that. 

The Chairman. He stated that he had been seen by George Alfred 
Townsend, and that you were pursuing him, or endeavoring to find him. 

The Witness. I had him watched, sir. 

The Chairman. I desire to say in that connection that the committee 
at once placed our sergeant-at-arms on the track of Mr. Kirtland. The 
same day 1 communicated the information to the Sergeant-at-Arms of 
the Senate, and he undertook to find Kirtland aud failed, bringing 
back word to us that he was not here. 

Q. (To Governor Shepherd.) Do you remember when it was that you 
made that statement to me 1 — A. I do not recollect the day, sir. 

Q. You had the impression that we wanted Mr. Kirtland ? — A. I knew 
that you wanted him. I knew that I wanted him. I did not su[)pose it 
was possible that he could get away without coming before this com- 
mittee. 

Q. When did you uext hear of Mr. Kirtland 1 — A. I do not exactly 
get the connection, sir. 

Q. You say you informed me that Colonel Kirtland had been seen by 
George Alfred Townsend ; was that all you had ever heard of Colonel Kirt- 
land ? — A. I did not say that to you. Mr. Harrington stated that to you. 
I stated that I understood he was in the city. It was as we walked up 
the avenue. 

Q. Did you ever hear of Colonel Kirtland after that ! — A. No, sir ; ex- 
cept in the way the committee know of, through my counsel. 

By Mr. Wilson : 

Governor Shepherd, I think it is due to the chairman of the commit- 
tee that I should ask you a question or two in regard to this matter. You 
state that in a conversation where you aud Mr. Allison and Mr. Har- 
rington were walking along the avenue together, you intimated to him 
that George Alfred Townsend had seen Colonel Kirtland in this city. — 
A. I did not intimate it to him ; Mr. Harrington did. 

Q. Mr. Harrington did it in your presence f — A. Yes, sir. 

Q. The chairman has already stated what action the committee took 
to try to find Mr. Kirtland. You also say you knew the committee 
wanted Kirtland. — A. Yes, sir ; I knew that. 

Q. That the committee had been making some vigorous efforts to 
secure his presence, and you say you wanted him also ? — A. I did want 
him. 

Q. Did you know that your counsel had had a private interview at 
one of the hotels in this city with Kirtland f — A. My counsel told me 
so. 

Q. Then, if you desired him, and knew that the committee desired 
him, why did you not take some steps to have him subpoenaed I — A. 
Simply for this reason : it was given me in confidence by my counsel. 
I would not break my word for anything. It was not my business to 
bring Mr. Kirtland here. He was summoned by the opposition. He 
was here as a prosecuting witness. I gave the hint. That was as far 
as I could go, and probably further than I could go ; probably further 
than I ought to have gone. I gave the hint in such a direct way that 
he was here. 

Q. Y^ou deemed his presence desirable for yourself, did you not ? — A. 
I did, and I do now. 

Q. And knowing that the committee was so desirous to get him, and 
you being so desirous, if you have any other reason to give why you did 
not have him subpceuaed, 1 would like to hear it. — A. I have simply 



TESTIMONY OF JOHN R. FRENCH. 1425 

this reason, which every man of lionor will appreciate, that my counsel 
said that he had pledged his word to I\[r. Kirthvnd not to divulge his 
presence, and he transmitted that knowledge to me under that same 
pledge. 

Q. After you had learned that Mr. Kirtland and your counsel had 
been together in this city, did you give any hint of that to the chairman 
or to any member of the committee? — A. I merely stated that I under- 
stood that ^Fr. Kirtland was in the city. 

Q. Was that before the statement liad been made that he had been 
seen by George Alfred Townseud or afterward ? — A. That is about the 
time, 1 think. 

Q. Was it before or after? — A. That I do not know, sir; I do not 
recollect the date ; I did not fix it. 

Q. Did you at anytime make a statement to the chairman of this 
committee, or to any member of the committee, other than you have 
already stated ? — A. No, sir; none at all. 

Q. So far as yon know, the committee had no information of these 
interviews until they had procured them by their own investigation ? — 
A. Xone at all, sir. 

Q. When did yon first know that the committee had ascertained that* 
your counsel had had a private interview with Mr. Kirtland in this 
city ' — A. Well, it occurred in this way 

Q. AVhen did you first learn that ? — A. It was the evening Colonel 
Moore was examined here; the evening you held your secret session. 
The way in which it came about was, that we were going down the 
avenue — Mr. Mattingly and myself — and stopped at the store, and Col- 
onel Moore said he had been subpoenaed to come here, and then he sub- 
sequently came up and told me what he had done. 

Q. Where did he give you that information ? — A. Which information ? 

Q. The information as to what he had done — as to what he had testi- 
fied to here. — A. At the club-house. 

John E. French sworn and examined. 
By the Chairman : 

Question. Are you Sergeant at-Arms of the Senate? — Answer. Yes, sir. 

Q. Did the chairman of this committee communicate to you at any 
time the fact that Mr. Kirtland had been seen by George Alfred Town- 
send? — A. Some one did; I cannot say now that it was the chairman. 
Some one communicated that fact to me. 

Q. Upon that communication being made to you, what did you do ? — 
A. I sent Mr. Christy to see j\Ir. Townseud and follow up the lead. 

Q. What was the result of that investigation ? — A. Ua came back 
and said that it was another man — I forget the name — who looked like 
Lim, and was not the man. 

Q. What instruction did I then give you, either tlie day that report 
was made or the following day, with reference to what should b(^ (lone 
to procure the attendance of Mr. Kirtland in this city ? — A. I cannot 
say specially, but you urged me to work the matter up as shar[)ly as 
possilth'. 

(,>. Did I not ask you to procure such detective force as you could 
find in this city, either in ycmr own emph)y or the employ of others, and 
pursue Mr. Kirtland, because I believed he was here ? — A. Yes, sir. 
Von im[)ressed tiiat every time that we had an interview, that you be- 
lieved he was in the city. 

Q. Did I not state that to you from tlay to day, from the time that J 
90 D c T 



li2G AFFAIRS IN THE DISTRICT OF COLUMBIA. 

first gave you tins iiiforniatioii, np until it was first discovered thi\t lie 
WHS here I — A. Yes, sir; every day, I think; every time that we had 
any conversation; I think every morning. 

Q. Did I not, in addition, instruct yon to send one of your officers to 
New York, and to employ a detective there and procure Mr. Kirtlaud ? — 
A, Yes, sir. 

Q. Did you do so I — A. Yes, sir. 

The Chairman. I desire that all people should know that the 
chairman of this committee in no way was attemptino' to conceal the 
fact that Mr. Kirtland was a uecessarj^ witness, and that he was some- 
where, in reach of somebody. 

Mr. Merrick. I presume all men know that without assurance. 

The Witness. Not only at New Y^ork, but at, other points, by your 
orders, detectives were employed. 

Governor Shepherd. Mr. Chairman, you do not understand me as 
throwing out any such idea ? 

The Chairman. I wanted all the facts to be known in reference to 
the matter. 

» Governor Shepherd. On the contrary, you expressed yourself in 
the strongest terms every day in regard to the matter. 

Tlie Chairman. I merely wanted, in connection with that statement, 
to show that I acted upon every information, and every intimation, that 
has been given to me with reference to Mr. Kirtland. 

Mr. Merrick (to Governor Shepherd.) Which of your counsel was it 
that had this private interview with Kirtland ? 

Mr. Mattingly. I had it. I have already detailed it to the commit- 
tee. 

Mr. Merrick. Yes, but it has not been detailed in public. 

Mr. Wilson. The committee is in possession of all the facts already. 

Mr. Mattingly. I desire to state this in this connection — I do not 
remember whether I stated it to the committee or not: when I saw 
Mr. Moore 1 authorized him to state to the committee that I had seen 
him and had this interview. 

By Mr. "VYilson, (to the witness :) 

Q. What eiforts did you use here in the way of trying to find Mr. 
Kirtland after this information was given you by the committee ! — A. J 
employed several of my own men, and went to the city police and had 
the detective force here employed. 

Q. And you gave the cit}" police information ? — A. I communicated 
with them daily. 

Examination of Governor Shepherd resumed. 
By Mr. Wilson : 

Question. That is a copy of the award ? [Referring to award already 
in evidence.] — Answer. Yes, sir. 

Q. Why was it that an award was given to this firm to lay 150,000 
square yards of wood pavement without indicating any street ui)Ou 
which it was to be laid ? — A. The board had not determined at that 
time what streets to lay it upon. Those folks stated that it would take 
some time for them to get their machinery and appliances here, and it 
was thought best to have them here ready to go on with the work before 
the street was given to them. 

Q. Until the board had determiued upon what streets they would lay 
wood iiavement, what was the occasion of letting a large contract to par- 
ties to lay wood pavement at all ? — A. Simply to get the material here 



TESTIMONY OF ALEXANDER R. SPIEPIIERD. 1427 

ready to go to work. At that time, in June, tlie season was advanced 
and tiie representation was made by tliese i)arties that it would take 
them two or three months to get tlieir lumber an<l apparntus here and, 
get ready to treat the wood and go on. 

Q. These contracts for wood pavement carried with tlieni 2 feet of 
grading, did they not f — A. Yes, sir ; tlnit was the general understand- 
ing of it. About these two feet of grading, if you will let me explaiu, it 
seems to me that there is a misapprehension in the minds of some 
persons. You recollect the old dirt streets were humi)ed up in the 
center. In some i)la<;es they were 3 feet above the crown of tiie street — 
the dirt of the street was A feet above the curb. These two feet of grad- 
ing were intended to apply to the leveling of this crown ; so that in 
putting down the pavement when the grade was unchanged, the level- 
ing off of the street was intended to be covered by this clause. In some 
places there were two feet, in some places six inches, and in some places 
nothing. 

Q. Whenever there were two feet it was to be done ? — A. Whenever 
there were two feet of grading under this contract. 

Q. And it was necessary, therefore, that the earth, or whatever it 
might be, should be carted away if it was rounded u\) too high there — 
was too much earth there? — A. If it was rounded up too high, with the 
ravines that we used to have, a large portion would have to go into the 
gutters to till up. 

Q. That had to be done whenever there were two feet of grading ? — A. 
Yes, sir. 

Q. Xow, in this])articular contract, one of the streets that was desig- 
nated upon which the i)avement which is embraced in this contract was 
to be laid was Pennsylvania avenue, from First to Eighth street east ? — 
A. Yes, sir. 

Q. That Avork had already been let to ]Mr. McNamara, had it not t — 
A. Yes, sir. 

Q. And there was to be a macadamized pavement put there ? — A. 
Yes, sir. 

Q. Why was that changed?— A. On the petition of the property- 
owners on that street. 

Q. Then there was a very large amount of grading on that street, 
"was there not ? — A. Very heavy cuttings in some places. 

Q. Inasmuch as there was a large amount of grading to be done there 
and that grading was all being done by McNamara, for the purpose of 
putting down maca<lamized pavement there, why was it that there was 
not a deduction made from this wood i)avement contract on that street 
on account of that grading ? — A. Well, I did not know that it had not 
been done until you brought out the fact, i supposed it had been done. 

Q. It seems tliat it has not been done? — A. No, sir; it has not been 
done, so the engineer testified here — .Mr. Barney. 

Q. Why was there not some stii)idation made in that contract so that 
there would be savt;d to the property holders the expense of those two 
feet of grading? — A. There is a clause in the contract. The trouble 
was with the engineer in measuring up there, that lie did not deduct 
their work. 

Q. One man had a contract for the grading, and another man had 
the contract for the paving ? — A. Yes, sir. 

Q. When the engineer went and measured up for the man who had 
the grading, he could not deduct anytliing from hiui ? — A. No, sir; but 
he could deduct it Irom the wood i)avement man, which he ought to 
have done. 



1428 AFFAIRS IN THE DISTEICT OF COLUiMBIA. 

Q. When he was sent out to measure for the wood-pavement man he 
had to measure according to the contract? — A. The contract i^rovides 
that there shall be two feet of grading. 

Q. But where there was grading necessary to be done, then that was 
to be deducted; but if there was no grading to be done, there was to be 
no deduction. Kow, in this case the board had already done grading, 
therefore there was no grading to be done, and consequently the engi- 
neer could not deduct it from this wood-paving couti'act, could he '1 — A. 
I do not think you get my idea, or I yours. I say that the eugineer 
iu making these measurements of wood pavement — it was his duty if 
the contract provided that two feet of grading were included in the price 
at which this wood pavement was let, to deduct that amount in making 
np the final measurement for the wood pavement. 

Q. Exactly, sir ; but you will see that the engineer could not be re- 
sponsible for a thing of this kind. Your statement, if I understand it, 
is that where there were two feet of grading to be done, the man who 
put down the wood pavement was to do it. If it was not to be done, he 
was not to do it. Now, you having already done this grading by another 
contract, there was no grading to be done. It was already prepared for 
this wood pavement. Now, how" could the engineer, therefore, be justi- 
fiable iu deducting any grading on account of this contract? — A. Why, 
the same engineer measured both. The work was going ou simultane- 
ously, and he was thoroughly familiar and conversant with the whole 
work ; gave the pegs and everything of that kind ou the road. 

Mr. Thueman. The real point, it seems to me, is this : Why was 
there not a provision inserted in the contract that where there was to 
be no grading by De Golyer & McClellan there would be a deduction 
of what it would cost to grade two feet ? Why Avas not that provision 
put in the contract itself? — A. I do not know why that was. The con- 
tract was prepared by the engineers, after considerable thought as to 
the forui, and they were followed out in every essential particular. 

Q. Was this general provision in all these iiavement-coutracts, that 
the contractor was to do, if necessary, two feet of grading? — A. Yes, sir. 

Q. That applied to all contracts ? — A. Yes, sir ; it was a general rule. 

Q. How did the board arrive at an estimate that there should be an 
average of two feet of grading ? — A. Simply from the contour of the 
streets. You recollect the old style of streets were heaped up iu the 
center ; and it was thought the engineers had the idea that in most in- 
stances it would average two feet of lev^eliug off. 

Q. That would depend on the length of a street. A contract might be 
between some streets which, take such a distance along a street, there 
will be scarcely any grading at all. Take, for instance, F street from 
Ninth or Tenth to Fourteenth or Fifteenth streets — was there anything 
like 2 feet of grading on that ? — A. Yes, sir ; there was 4 or 5 feet of 
cutting at Thirteenth street. There was also a cutting in the square 
below. There was a cut at Tenth street also. 

Q. Were there not streets in which there was nothing like 2 feet of 
grading? — A. 1 doubt very much if there were any streets that the 
leveling off, grading, trimming, and getting ready for paving would not 
amount to as much as 2 feet of grading. 

Q. When the board of public works was organized, of course it took 
into consideration what improvements should be made iu the District? — 
A. Yes, sir. 

Q. Did you employ engineers to make topographical surveys and re- 
port to you a general plan of improvements, iucludiug both sewerage 
and paving? — A. The board of public works at that time — Mr. MuUett 



TESTIMOXY OF ALEXANDER R. SHEPHERD. 1429 

was the engineer of the board — made up a schedule of certain improve- 
ments, assisted by Mr. Forsyth, which they were of the opinion were 
most needed, best aihipted, and submitted them to the legislature. 
The legislature acted upon that and made an approiniation, what is 
called "the four-million loan," putting iu the provision that the work 
sliould lie done in accordance with tliis estimate so lar as might be 
practical and consistent with the public interest in the opinion ol' the 
board, leaving it discretionary with them. We changed those improve- 
ments, as I said before, very greatly by reducing tlie width of the 
streets, narrowing them down so as to put in a better roadway than we 
could under the estimates already submitted, most of which were nuic- 
adara. 

Q. Yes ; I was aware of that. But the question I ask is whether there 
was any general survey of the District or of the city of Washington 
made by an engineer so as to report to you a plan for the improvement 
of the District by sewerage and by paving of streets and avenues, fixing- 
the grades, and making a general plan that was to be worked u]) to iu 
making these improvements ? — A. The grades, most of tliem, had been 
fixed by liandolph Coyle, formerly surveyor of the District, and most 
of the grades which have since been carried out were the grades estab- 
lished by him. For instance, the grade at F and Seventeenth streets is 
practically the grade established by him. These grades around the 
Post-Ofifice here were grades long established, but never had been car- 
ried out. We had these grades, as established, to work ui)on. We have 
changed them to conform with what we thought was right, and 1 think 
that we have made very good disposition, so far as the grades of the 
city are concerned. 

Q, Then I understand you that you relied upon the old grades as estab- 
lished by ]Mr. Coyle, and did not have any topographical survey made 
so as to prepare a general plan of your own ? — A. We did for the sew- 
erage — yes, one of the most complete things that ever was gotten up. 

Q. Who made the survey ? — A. General Green, our former engineer — 
a thorough system of sewerage, thoroughly planned out. I showed it 
to two members of the committee who were down there the other day. 

Q. He pre[)ared the plan for that 1 — A. Yes, sir. 

Q. A topographical survey ? — A. A topographical survey. 

Q. But no one prepared any such general [dan under your direction 
for the improvement of the streets and avenues ? — A. There was no 
plan necessary ; the streets were there. 

Q. I ask the question whether any such thing was done or not ? — A. 
Every street was mapped out ami planned before we began to work 
upon it. 

Q. But you relied upon the surveys that had been made by Mr. 
Coyle? — A. They were the ground- work of our plan. 

Q. Did you direct any cross-sectioning of this work to be done be- 
fore the contractors were allowed to go at the work ? — A. In every in- 
stance it was ordered. i\Ir. .Mullett was very strict about that, and the 
board followed his suggestion. In every instance they were ordered to 
have a cross-section. 

Q. Why was it that that cross-sectioning did not take place? — A. I 
think it did in most instances. 

Q. You heard .Mr. Forsyth's testinu)ny, did you not? — A. Yes, sir; 
but th(! old man lost his head. 

Q. Where are the evidences of that cross-sectioning ? — A. In the of- 
fice, sir 5 a great many of them ; hundreds of them. 



1430 AFFAIRS IN THP: district of COLUMBIA. 

Q. They are not here, are tliey; not in the committee-room? — A. I 
do not think they are. 

Q, Can you have those hnnted up for us ? — A. I will do so, sir. 

Q. Who was your chief engineer f — A. General Greene was tlie first 
chief engineer. 

Q. HoW' long did he serve! — A. He was quite an old man, and not 
fitted for executive duties. He served several months, aud then prepared 
this i>lan of sewerage — got it up under contract with tlie board. 

Q. How old a man was he? — A. I should judge he was a man of 
seventy-odd years. 

Q. Who succeeded him as chief engineer ! — A. Mr. Mullett, 1 thinii, 
acted as chief engineer for a long while. 

Q. Do you mean Mr. Mullett who was a member of the board ? — A. 
Yes, sir. 

Q. Mullett, the Treasury architect ? — A. Yes, sir. 

Q. Mullett did not go into the field himself, did he?— A. Well, he 
had his assistants, you know, aud did his work on paper. 

Q. Who were his assistants ? — A. Mr. Forsyth was one, Mr. Oertley 
w as another, and a man by the name of Partridge aud a man named 
Chennoweth. There were several of them. 

Q. Did Mr. Mullett act in his capacity as engineer merely as a member 
of the boanl, or had he a salary as engineer ? — A. ^o, sir; he a(;ted as 
u'.ember of the board; he was assigned to that duty as engineer, I 
think. 

Q. Without any additional pay ? — A. I do not think he ever received 
any pay, sir. The treasurer informed me that he did receive some pay. 

Mr. ^MagtIMjder. He got no pay as a member of the board, however. 

Mr. Thurman. Members of the boaid have pay, do they not! 

Mr. Magruder. Yes; but he was cut out by a rule of Congress. 
Mr. Farnsworth put a clause in which cut him oif. 

Mr. TiiURMAN. He was paid as engineer, then ? 

Mr. Magruder. Yes, sir. 

Mr. Thurman. Do you remember at what rate he was paid as engi- 
neer ? 

Mr. Magruder. No, sir ; I do not. I think he got about $5,000 for 
all his services. 

By Mr. Ti-IURMAN, (to Governor Shepherd :) 

Q. Was Mr. Mullett a civil engineer or an architect ? — A. Both, sir ; 
and a remarkably able one, I think. 

Q. How long was JMr. Mullett in the board ? — A. He must have been 
in nearly two years. 

Q. Who was his successor f — A. He was succeeded by a man from 
Cincinnati, named li. C. Phillips, who was engineer for a while. He 
was city engineer of Cincinnati. 

Q. I mean who succeeded Mr. Mullett as a member of the board ? — A. 
Mr. Mullett did not retire from the board at that time, he merely relin- 
quished the engineership, aud remained as consulting engineer. 

Q. Is Mr. Mullett a member of the board now ? — A. No, sir ; he 
resigned. 

Q. Who succeeded him ? — A. Mr. Cluss was put in his place. 

Q. Mr. Phillips succeeded him as engineer, you say! — A. Yes, sir. 

Q. How long was he engineer I — A. 1 should judge he was engineer 
for twelve months. 

Q. Who made the estimates u])cn which payments were made to the 
contractors ? \yhat was the mode of auditing contractors' accounts — of 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1431 

nsoertaining liow iiiiicli work lio luul done and what was duo liim ? — A. 
The (contractor made ai)i)lieation to the board — to the vice-president of 
the board for a nieasureaient. It Avent from the vice-president of the 
board to tlie en^iineer, witli instructions to measure up the work. It was 
then forwarded, lie keepin^i;' a transerii>t of it, to the auditor of tlie board, 
wlio setth'd the ac(;ount upon the measurements made by the engineer. 

Q. And approved by the vice-president f — A The account did not go 
to the vice-president for approval. 

Q. Then the auditor paid upon the certificate of the engineer? — A. 
Tl.'e auditor paid upon the certificate of the engineer — no, sir; the au- 
ditor did not pay. The engineer made the measurements, the auditor 
settled the accounts, and the treasurer i^aid. 

Q. But the auditor allowed the account and gave the warrant I — A. 
Yes ; he gave his warrant or certificate for it. 

Q. On the treasurer"? — A. Yes, sir. 

Q. Upon the estimate made by the engineer? — A. Yes, sir. 

Q. There was no revision of the engineer's work or of his estimates by 
any member or committee of the board of public works ? — A. Well, 
we had a committee appointed for that purpose, but after acting for a 
while they fouiul that it was no use ; that the matter had to be acted 
upon by the chief engineer, who had the revisory power. The assistant 
engiiuH^^ made up the measurements through the levelers ; then the 
levelei's reported to the assistant engineer the measurement. The 
assistant engineer made up the computation, and submitted it to the 
chief engineer, who went through it; and after he was satisfied with it 
he ind(n\sed it and sent it down to the auditor. 

In reference to a point which you spoke of a moment ago, as to who 
made up these various estimates, I would say there were about 2,200 
measurements altogether, of which about 1,400 were made by Mr. Bar- 
ney, about 500 by Mr. Forsyth, and some 200 or 300 by Oertley. I had the 
other day, for curiosity, a tabulated statement made up as to how the 
measurements were made. Mr. Barney made about GO to 70 per cent, 
of all the measurements. 

Q. AVho was Mr. Barney ? — A. He is one of the assistant engineers of 
the board, ami a remarkably accyirate man. 

Q. Then an auditing committee was at first ai)poiuted by the board ? — 
A. There was a committee appointed for that purj)ose. 

Q. Who composed that auditing committee? — A. I forget who they 
were; it is a matter of record. 

Mr. IMagruder. It «\-as Mr. Brown and Mr. MuUett. 

The Witness. Yes, that was it. 

jNIr. Thurman. But tlu'y soon ceased to act. 

The Witness. Well, tliey found that they could not do anything; 
that there was imthing for them to do ; the tiling had to go through so 
many hands that there was no possible chance for mistakes. 

Q. Are these surveys of Coyle, by which he fixed the grades of the 
avenues and streets of Washington, in any book form in your oflice ? — 
A. O, yes ; they are in the surveyor's office— the original jil'at-book. Mr. 
Forsvth was his assistant; he has them as surveyor. 1 will produce 
that book. 

The committee then took a recess until 2 o'clock p. m. 

2 o'clock r. M. 
The committee reconvening, the chairman said : 
I might say that the committee desire at some future time to examine 
Governor Shepherd more in detail upon these several matters; but for 



1432 AFFAIKS IN THE DISTEICT OF COLUMBIA. 

the present the committee have no further questions to ask him. "We 
propose that the governor shall take the stand hereafter. 

I would like to ask Governor Shepherd a single question. 

Q. You spoke of Mr. Forsyth having been Mr. Coyle's assistant. 
Do you know whether Mr. Forsyth has been connected for a long time 
with diflerent administrations in relation to the iraijrovement of the 
streets? — A. Mr. Forsyth has been virtually in charge of that under 
the old corporation for quite a number of years. I think he was dis- 
placed under Mr. Bowen. 

Q. For upwards of twenty years, has he not been, in some way, con- 
nected with that department of the city government under successive 
administrations *? — A. He has. 

Q. And the information of which he has become possessed, by hold- 
ing this position for that long period of years, was found to be, I sup- 
pose, of some service to the board ? — A. Found to be of great service. 

By Mr. Christy : 

Q. At the time that Mr. Forsyth was employed by your board, were 
you aware of the fact that he had controversies with preceding admin- 
istrations growing out of inaccurate measurements'? — A. No, sir; I do 
not think that such is the case. He is a natural-born controversialist, 
and it would be strange if he was not in hot water most of the time. 
But I will say this for Mr. Forsyth, I have found him a very efBcient 
and very honest officer, and I have watched him narrowly for the last 
three years. 

Q. Were you aware of his want of system in ascertaining- the condi- 
tion of streets prior to the beginning of work under various contracts I 
— A. He had a system of his own. It was not what I would call system- 
atic, but in the main he came out in almost every case right. 

Q. Is it not true that Mr. Barney introduced a system which is much 
more complete, and perfect, and satisfactory, after his connection with 
the board 1 — A. Yes, sir. Mr. Barney had a better education than Mr. 
Forsyth. 1 think Mr. Forsyth's strongest point is his experience and 
his long connection with city affairs. It gave him knowledge that no 
one else possessed. Mr. Barney is an excellent engineer and an edu- 
cated man. 

Q. If there were these controversies growing out of mistakes made 
by Mr, Forsyth, you were not apprised of them at the time he was em- 
ployed by the board ? — A. No, sir. I know that he had the contideuce 
of most of the mayors. 

Governor Shepherd, The papers Judge Thurman called for are here. 

Mr. Stewart. Judge Thurman will be here in a moment. 

Benjamin F. Meeds sworn and examined. 
By Mr. Stanton : 

Question. Were you the auditor of the board of public works in 
1871 ? — Answer. I was. 

Q, Will you state whether or not the bids which were invited by the 
board of public works were referred to you and the engineer of the 
board ? — A. They were. 

Q, As the auditor of the board of public works, they were referred 
to you, yourself, and the engineer ? — A, Yes, sir. 

Q. For what purpose ? — A, For schedule and classification. 

Q. Was such a schedule made ! — A. I made one. 

Q. Have you it with you ? — A. It is amoug the records here. This 
schedule was signed by me and General Greene, who was the engineer 
of the board. These bids were referred to myself and the engineer for 



TESTIMONY OF BENJAMIN F. MEEDS. 



1433 



classification and scliedule. I had the original bids and classified tlicin 
with the names of the bidders, nnniberinj^' them, and noted as to 
whether they had deposited their thonsand dollars or not, and tlu' form 
in which they bid for these varions items. I have that schedule tabu- 
lated with tlie ditferent classes of pavement ; for instance, there is the 
concrete, per square yard, giving the number of bids, the aggregate of 
the bids, and the average of the bids. 

Q. Have you made a note of comparisons between the average prices 
included in these bids and the rates as fixed by the board ? — A. I show 
that comparison here on this classiticatiou. 

By My. Stewart : 

Q. For what purpose did you make this classification which you speak 
of ? — A. To comply with the order of the board when they referred these 
bids to me for specification and classification. There were thirty, forty, 
or more bids, and they wanted them presented in a tabular form in 
order that they might make a comparison of the bids with the view to 
determine prices. I classified all the bids opened September 1st, for all 
kinds of i)avemeut. The following is the classification to which 1 refer, 
omitting the names of the parties in this statement that I have here. 
This classification gives the description of pavement, the number of 
bids, the character of bids, the average of the bids, and the board prices 
adopted September 14, 1871. 

Tke witness then read as follows : 

Sitmmary of bids opened September 1, 1871, as compared ivith hoard prices. 
MACADAM PAVEMENT, PER SQUARE YARD. 



Description. 


.■6 
|2 


Aggre- 
gate of 
bids. 


Average of bids. 


Board 


price adopted September 
14, 1871. 


Macadam, as per specifica- 


27 


145 13 


$1 67 4-27 






tion. 












Ordinary, including grading 3 


5 40 


1 80 






Ordinary, Telt'ouid road 


1 


5 73 


5 73 






Bluestone : 












Xot exceeding 12 inches 


1 


1 29 


1 29 






Not exceedintr 9 inclies . 


5 


8 86 


1 77 1-5 






Six inches deej) 


3 


3 71 


1 23 2-3 






Eifrlit inches iteep 


2 


3 04 


1 .52 1-2 






Ten indies d'-ep 


1 


1 90 


1 90 






Twelve inches deep 


29 


51 28i 


1 70 73-87 






Fourteen inches deep. .. 


1 


2 25 


2 25 






Sixteen inclies deep 


1 


2 50 


2 50 






Eigliteen inches deep. .. 


1 


2 75 


2 75 


$1 50. 




Total 


75 


133 m 


1 78 106-225 











SENECA STONE, PER SQUARE YARD. 


Seneca stone 


30 

I 
1 

3 

2 

1 


$47 64 
5 42 
5 15 

1 2!H 

4 134 
4 80 
1 39i 


$1 58 4-5 
2 71 
1 71 2 3 
1 29 1-2 

1 37 5-G 

2 40 

1 39 1-2 




Belijian 




Incliiding grading 




A.s iier sample No. 1 ; extra 

for jjiading. 
Sampli^ No. 2; extra for 

grading. 
Sample No. 3; extra for 

grading. 
Samples N'o. 1 or 2 ; extra 

for grading. 
Samples Xo. 2 or 3 




Oblong blocks, 31 and i\ 

across. 
Present style 


1 

1 

1 


2 50 

t 00 
2 25 


2 50 
1 GO 




Grouted with cement 




Total 


45 


76 18i 


1 69 3-10 


.*1 .50 for Macadam. 



1434 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Sitmmary of hids opened September 1, 1871, <$'c, — Coutiuuecl. 
BLUESTONE, PER SQUARE YARD. 



Dftsciiptioii. 




Aggre- 
gate of 
bids. 


Average of bids. 


Board price adopted September 
14, 1871. 


Bluestone 

Similar to F street 


29 
3 
2 
1 


$46 08 
4 85 
3 32 
2 25 


$1 58 26-29 
1 6I3 

1 66 

2 25 




Grouted with cement 




Total 


35 


56 50 


1 61 3-7 


$1 50 for Macadam. 



BELGIAN, PER SQUARE YARD. 



Granite, North River 

Granite, 6-inch cube blocks. 


1 
9 

10 


13 15 
31 93 


13 15 
3 54 7-9 




Total 


35 08 


3 50 4-5 


.$2 50. 







GRANITE, PER SQUARE YARD. 





1 

4 


12 00 
19 60 


$2 90 
4 90 




In blocks, 3 to 4 wide, fi to 
9 long, 7 to 8 deep ; simi- 
lar to Boston. 




Total 


5 


22 50 


4 50 









STONE, PER SQUARE YARD. 



Paving 

Stone 

Cobble 

Ordinary broken 
Potomac 



1 


•fl 55 


3 


4 35 


3 


2 34 


1 


1 68 


3 


5 00 



$1 55 

1 45 

78 

1 68 

1 66 2-3 



WOOD PAVEMENT, PER SQUARE YARD. 



Willet's 

Burroughs' 

Metropolitan prismatic , . . . 

Follansbee 

Smith's 

Morse 

Smith s Georgia yellow pine 

Beidler, 1^2.90 and 24 cents 
per cubic yard for grading. 

Spruce, bnr'nettized 

Sjn'uce, not burnettized . . . 

AVliite hemlock, burnett- 
ized. 

"White hemlock, not bur- 
nettized. 

Pine, burnettized 

Pine not burnettized 

Miller 

Slow 

E.illard 

Roberts 

Morse, including grading . . 

Wyckoff 

Dunbar 



Total . 



$3 25 
3 50 
3 20 

18 50 
3 50 
9 20 
3 65 
3 06 

3 45 
3 00 
3 20 



3 55 
3 15 

6 30 
16 80 
6 30 



6 45 
4 00 
3 80 



|3 25 
3 50 
3 20 
3 70 
3 50 
3 06 2-3 
3 65 
3 06 

3 45 
3 00 
3 20 



3 22 1-2 

4 00 

3 80 

3 35i 



13. 



TESTIMONY OF BENJAMIN F. MEEDS. 



1435 



Summary of hids opened September 1, iy71, tj-c. — Contiunuil. 
CONCRETE, PER SQUARE YARD. 



Descriptiou. 




Aggre- 
gate of 
bids. 


Average of bids. 


Board price adopted September 
14, 1871. 




6 
1 

1 

1 

2 
1 
1 
1 
2 
3 


115 05 

2 95 

3 50 

3 88 

6 20 
3 50 
3 72 
3 10 
fi 40 
11 40 


$2 50 5-6 

2 95 

3 50 

3 88 

3 to 
3 50 
3 72 
3 10 
3 20 
3 ^0 




Cli<-mical, « inclies thick, 
82.75, (jrradiug, 30 cents 
per cubic yard, S2.95.) 

C-iucli, compressed, ^3.30, 
(excavation and grading, 
30 cents per cubic yard, 
S3 50.) 

8-inch, compressed, S3.G8, 
(excavation and grading, 
30 cents per cubic yAvA, 




Trinidad and Cul>an 






.S3. 20. 


rilliert, vulcanized 

Pariseii 


.■^•3. 20. 


Total 


19 


60 00 


3 15 15-19 


$3, except as above for Scliarf and 
Parisen. 





FURNISHIXG 100,000 FEET CURBIXG-PER FOOT. 



If ew York bluestone 


6 
4 
1 


16 43 
4 02 
1 15 


II 07 1-6 
1 00 1-2 
1 15 




Konh River bluestone 






11 


11 60 


1 05 5-11 


92 cents per foot. 




5 
1 


7 60 
1 24i 


1 52 
1 21 1-2 














6 


8 84^ 


1 47 .5-12 


No price fixed ; none u.sed. 


Manasses brown free-stone 


2 


1 84 


92 


No price fixed ; none used. 




8 
27 


10 54^ 


1 31^3-16 


97 cents per foot. 




Aggregate of all kin<l8 of 


32 83 


1 21 16-27 


Average of board price, 94i cents. 





CURBING, GUTTERING, AND PAVING FOOTWAYS. 



Brick i)avement 

Laying new brick nave- 
ineut, including two feet 
of giailing. 

Laying old Ijrick pavement. 

Taking up and relaying old 
brick jiavement. 

Cc>l)ble-stone 

Paving gutters with cob- 
ble-stone and between 
llagwaya. 

Relaying nld stone pavem't. 

Taking up or relaying cob 
blestone. 

Parking, soil and sodding.. 

Flag fiiot ways 

Furnishing an<l laying flag- 
ging- 
New York flagging 

New York flag, (i by Ifi ... 

Flagging, 6 l)v l(i, cross-gut- 
ters and alf(-ys. 

16-incli flagging 

Ki-inch flagging 



26 
2 


$23 08 
1 90 


21 
3 


6 19 

85 


18 
9 


11 55 
6 15 


8 
4 


2 75 
1 15 


1 

10 
2 


35 
7 30 
1 40 


6 
4 

1 


3 76 

3 15 

90 


4 
2 


2 73 
1 20 



88 10-13 per square yard. 
95 per square yard 



29 10-21 per square yard 
28i per square yard 



64 1-6 per square yard. .. 
681 per sijuaie yard 



343 per square yard. 
28i per square yard . 



35 per square yard .. 
73 per square foot . . . 
70 per sijuare foot. .. 

6211 per square foot.. 
78] per square foot.. 
90 per square foot. -. 

6Hi per square foot., 
60 per running foot . 



2 I'eet grad- 



80 cents. 

93J cents, including 
ing at board rate. 

25 cents. 
25 cents. 

.55 cents. 
.'>5 cents. 



30 cents. 

No price fixed for taking up. 

Price for re-laying, 30 cents. 
No jirice fixed. 
60 cents per S(iuaro foot. 

1)0. 

Do. 
Do. 
Do. 

Do. 
60 cents per aciuare foot, equal 
to 80 cents per running foot. 



1436 AFFAIRS IN THE DISTRICT OP COLUMBIA. 

Summary of hids opened September 1, 1871, ^-c. — Continued. 



Description. 



riaggiii j:, 6 by 16, cross-gut- 
ters and alleys. 

I\elayiii)i old Haj;' tootways 

Takinji up ami relaying old 
flag footways. 

Kosettirig curb-stone 

Resetting gutter-stone 

Eesettiiig cobble-stone 

Grading 

16-incli bridging 

Curb 



Pnrnisbingand settingNew 
York bluestoue. 

New York curb, dressed as 

heretofore. 
North River bluestone curb 

New York curb 

New York bluestone, 20- 
inch. 

Granite 

Do 

Seneca 

Do 

Resetting old curb 

Do 

Taking up and resetting 
old curb. 

12-inch gntter-flag 

12-iuch gutter-stone 

New York flag, 12-inch 

New York gutter-stone 

New York flagging, same 
as now in use for cross- 
gutters and alleys. 

Gutter-stone 

Furnishing gutter-stone 

and putting in place. 
Setting new curb 

Setting new curb when fur- 
nished. 
Grading 



Grading, not exceeding 18 

inches deep. 
Grading, excavating or fill- 



Grading 
deep. 



above 18 inches 



Aggre- 
gate of 
bids. 



10 90 



11 60 






15 51 


5 


6 52 


4 


6 34 


8 


31 06 


4 


6 65 


9 


32 62 


2 


29 


2 


54 


4 


47 


3 


1 25 


4 


1 56 


2 


82 


2 


78 


1 


60 



1 


45 


2 


65 


3 


62 


3 


2 77 


1 


40 


3 


58 


1 


25 



$0 90 per linear foot. . . 

17| piT square foot . 
15 per square foot . . 



Average of bids. 



10 per square foot . 

10 per square foot . 
10 per square foot . 

20 per square foot. 

07 per .square foot. 
90 per running foot 

1 47 per runing foot. 



1 39 per running foot . . 

1 65 5-7 per linear foot . . 

1 55 1-10 per linear foot. 
1 30 2-5 per linear foot . 



1 58^ per running foot . . . 
1 72 5-9 per linear foot . . . 
1 66i per running foot . . . 
1 71 13-19 per linear foot . 

14i per running foot . . . 
27 per linear foot 

11} per linear foot 



41| per running foot . 
39 i)ei- linear foot 



ay i)er linear looi 
41 per linear foot 
39 per linear foot 
60 per linear foot 



56 2-5 per linear foot . . . 

45 per running foot 

32i per linear foot 

20f per linear foot 

21 4-13 per cubic yard 

40 per cubic yard 

19 J per cubic yard 

25 per cubic yard 



Board price adopted September 
14, 1871. 



60 cents per square foot, equal 

to 80 cents per linear foot. 
No price fixed. 
Do. 

15 cents per linear foot, equal to 
9 cents per square foot. 

No price fixed, 

3J cents, equal to 30 cents per 
square yard, the board piice 

Board price, 20 cents per cubic 
yard. 

No price fixed. 

No comparison can be made, size 
and kind of curb not being stat- 
ed by bidder. 

If 6 inch, board jjrice for setting, 
30 cents : furnishing, 92, equal 
to $1.22 board price. 

No price fixed. 

§1.22. Size of curb not stated by- 
bidders. 
Do. 
Do. 

$1.27. Size of curb not stated. 

Do. 
No price fixed. 

Do. 
15 cents per linear feet. 

Do. 

Do. 

35 cents per square foot. 

Do. 

Do. 

Do. 
50 cents per square foot. 



35 cents per sq. foot for 12inch, 
and 50 cents per square foot fur 
16-iuch. Bid gives no .size. 
Do. 

30 cents per linear foot for 6-inch 
curb. Bid gives no size. 
Do. 

20 cents per cubic yard, and earth 
to be deposited where directed 
without extra charge. 
Do. 

Do. 

Do. 



By Mr. Stanton : 

Q. IS'ow, as the result of the comparison bet\veeii the average rate of 
those bids and the rates afterward fixed by the board, do you find in 
any case the price fixed by the board exceeded the average of the bids ! — 
A. I don't. 

Q. In every case the price fixed by the board fell below the average ? — 
A. Yes, sir. 



Q. And 

material. 



that in respect to all classes of work ! — A. Yes, sir ; and 



By Mr. Wilson : 
Q. What is your x^resent position under this board ? — A. 
ever. 



None what- 



TESTIMONY OF BENJAMIN F. MEEDS. 1437 

Q. When did you prepare this statement that you have read I — A. 
"Within the hist five or six days. 

Q. Were there any bids uiuh'.r board price ? — A. That I liave not 
examined. I have the names of the bidders liere. This is simply a 
tabidation of the original sehe(bde as niach^ by me wlien transmitted to 
the board. Here is the name of each bidder, giving the class of work 
and the number of tlie bid. 

Q. Y'ou have given there the average of the bids ? — A. Yes, sir. 

Q. Then there wonld be some bids lower than these? — A. Yes, sir; 
some bids lower, and some higher. 

Q. Taking the average of the bids, do you know whether the board 

in letting contracts How long were you in the employ of the 

board ? — A. Up to the lith of December, 1872. 

Q. Do you know whether the board, in making contracts, has in all 
respects com] died with these prices that were established ? — A. Until 
they were amended. 

Q. When were they amended ? — A. That is a matter of record. 

Q. Do you know anything about that? — A. No, sir; only as 1 would 
be notified by the board of the change of prices. 

Q. You don't want to be understood that these statements you have 
given here show the prices at which work has been let by the board ? — 
A. I wish to be understood here that these tables I have read are com- 
l)arisons with the prices fixed by the board of public works on the l-ith 
of September, and that those prices, as fixed upon these schedules and 
upon these tables, contained a comparison made by the board with 
those statements that you have here. 

Q. In other words, if I understand you, on the 14th of September 
there had been a certain number of bids put in, and the board, instead 
of letting the work to the lowest bidder, took the average of all the 
bids and fixed a scale of prices from that ? — A. Yes, sir. 

Q. That was the way in which it was done f — A. Yes, sir; except as 
to the date ; these bids were opened September 1, but the prices were 
not fixed until September 14. 

Q. That is imniaterial so far as that is concerned. I was simply try- 
ing to get at the mode in which that was done. Are you aware of any 
case in which the board of public works, after having had exi)erieuce, 
diminished the prices at which work was let below the prices fixed by 
the board f — A. 1 cannot say. 

Q. Have you any knowledge or information in any case? The board 
of public works after having had experience as to the cost of construc- 
tion diminished the prices below the prices that they had established ? — 
A. 1 have no recollection. 

Q. Are you aware of any cases in which it increased the price ? — A. 
Yes, sir. 

Q. In what case did they increase the price ? — A. Whenever an in- 
crease of price was nmde 1 was notified as auditor by a formal letter 
from the board. They are all a matter of record. 1 could not give you 
the items. 

Q. Where is that record showing the increase of prices? — A. On the 
journal of the board of works. 

Q. Have you any separate record of that; you say you were notified 
by letter? — A. Yes, sir; or by an amended price list. 

Q. Wliat did you do with those letters and those pricedists ?— A. I 
think up to the time of the change in [)rices — when the change of prices 
was made and the ])rice list modified, the old one was destroyed. I will 
not be positive about that, however. 



1438 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What was tlie occasion of destroying' part of the records of the 
office i — A. They were merely transcripts from the journal — that was 
all. 

Q. Have yon ever looked to the records of the office to see whether 
or not you could fnrnish ns the various changes that were made in the 
prices ? — A. I think that is in evidence. I tliink 1 have seen it. 

Q. I would like to have it in this connection. 

Mr. Mattkv^gly. The schedule is already in evidence. You will find 
it in the printed record. 

Mr. Christy. It is on page 435. You will fiud there the present 
prices, but it does not show that which you desire, which is the dates 
when the increase was made. 

Mr. Wilson. That is what I want to get at. I want to know the 
time or times when changes were made increasing the prices. Will you 
be able to furnish a statement to the committee of that ? — A. Yes, sir. 

Q. Now, are you aware of any increase of price that was made to ap- 
ply to work that had already" been done and completed ? — A. No, sir; I 
think not. 

Q. You think there was nothing of that kind ? — A. Not while I was' 
auditor of the board. 

Q. At any time? — A. I cannot answer as to any other time. 

Q. If I understood your reading correctly, the board price for brick 
pavement was 80 cents a square yard ! — A. Yes, sir. 

Q. Do you know whether they let any contracts at 80 cents"? — A. 
Yes, sir ; 1 think they did. 

Q. Do you know whether they were all paid for at a dollar ? — A. That 
I cannot answer. 

Q. The price was increased from 80 ceuts to a dollar ? — A. Not while 
I was auditor. 

Q. Do you know whether it was increased from 80 cents to a dollar 
after you were auditor ? — A. Not of my own knowledge. 

Q. Have you ever examined to know whether they actually charged 
a dollar a square yard for brick i)avemeut, instead of 80 cents? — A. 
No, sir. 

Q. How many bids were there for flagging? Have you the bids 
there ? — A. The bids are in the custody of these gentlemen over here. 

Q. How many bids for flagging? — A. I think thirty-four bids. They 
varied in size from 12-inch to 13inch, and I classified them accordingly'. 

Q. Here is parking, soiling, and sodding. There must have been one 
bid, and that was 35 (jeuts. There was no price fixed by the board. The 
average, of course, was 35 ceuts? — A. Yes, sir. 

Q. Were the specifications — parking, sodding, soiling — all that under- 
stood before this bid was made? — A. No, sir. 

Q. There was no specification ? — A, No, sir. 

Q. Then there was an advertisement for i)arking and soiling and sod- 
ding without any specification as to how the thing was to be done? — 
A. 1 think not. I do not think this bid was put in under any adver- 
tisement. I would like to refer to the advertisement under which these 
bids were opened, and I could determine definitely. 

Mr. Wilson. I should like to see that. 

Q. Proposals were not invited for that work at that time. Here are 
l^ag footways, ten bids. Aggregate of bids, $7.30; average of bids, 73 
cents per square foot, and the board price was fixed at 60 cents per 
square foot. This is for the flagging across the streets. Is that for fur- 
nishing the flagging and laying? — A. Yes, sir. 

Q. Then I see right below that, furnishing and laying flagging, two 



TESTIMONY OF BEXJAMIX F. MEEDS. 1439 

bids a.cf.fi'reg'ate $1.40, avorao-e 70 cents, and bonrd price fixed at GO cents 
per square foot. What kind of liaj^sin^- is that? — A. The same. I 
scheduled these precisely as they were made out by the bidder. 

Q. That is, furnishing- the tlag-ging- and laying it ' — A. Yes, sir. 

Q. Do both of these refer to footways across the streets ? — A. 1 pre- 
sume so. 

Q. Then here is an item of Xew York flagging, six bids, $3.7(), ag- 
gregate of bids ; average of bids, ()2i^ cents, and the price fixed at (»0 
cents per s(iuare foot. That was for furnishing and laying that flagging '. — 
A. Yes, sir. That maybe 12-incli flagging or IG-inch flagging. 1 could 
not determine from the nature of the bi(l. 

Q. Here is ]S^ew York flagging by 10. — A. They are tlie size I gave. 
Four bids, aggregate, $3.15; average, 74|| cents per S(]nare foot: the 
board price fixed at (50 cents. That is for furnishing and laying. 

Q. Here [ find flagging by 10, across gutters and alleys, one bid at 
90 cents, and the price fixed at 00 cents ? — A. Yes, sir. 

Q. That is for furnishing and laying ? — A. Yes, sir. 

Q. Then here is another for KJ-inch flagging, four bids ; aggregate 
*$2.73, average 08^ cents ; price fixed by the board 00 cents ". — A. Y'es, 
sir ; the board had but one price for that flagging — that is, 00 cents. 

Q. That was for furnishing the flagging and laying it ? — A. Y''es, sir. 
These bids were put in in that form. I just incorporated the ofl'er of 
the biiUler in eacli case 

Q. Ho you know how flagging is charged for at $1.25 a foot? — A. 
That is not this flagging. That is flagging that conies in large pieces 
and is used for sidewalks. This flagging is not used for sidewalks. 
This is simply to go across the street, and used across gutters and in 
alleys. 

Q. Where are the bids for furnishing the flagging that goes aronnd 
the sidewalk ? — A. I do not know anything about them. 

Q. Were there any bids made for flagging to go on the sidewalks f 

Witness. At that time ? 

Mr. ^VILSON. Yes, sir. 

A. No, sir. 

Q. Have you ever heard of any since ? — A. No, sir ; I think not. 

Q. Who furnished the flagging for the sidewalks ? — A. Thatl do not 
know. 

Q. Was there any furnished during your administration .' — A. I think 
not. I do not remember of auditing any bill or account. 

Q. You know nothing in regard to that ? — A. No, sir. 

By Mr. Thurman : 

Q. Where are the estimates returned by the engineers of work that 
was done — returned to the auditor, so that warrants might be drawn or 
certifi(;ates given to the contra(;tors ? — A. They are in the custody of 
the auditor of tlie board, and the vouchers are numbered to corre- 
spond with the number of the certificate issued thereon. 

i). Did yon give the statement here as to the fixing of the price for 
grading? — A. Yes, sir. 

Q. What was that ?— A. Y^ou have it. That was grading to l)e done 
on the pavement, and not on the carriage-ways. 

Q. There were thirteen bids for grading. The aggregate $2.77, and 
the average 21 -^.j cents per cubic yard ; and there was grading, not sod- 
ding, 18 imdies deei>, only one bid ?— A. That is the way it was ])id for, 
and I just entered it there in thci>recise form the biddfu" otfered it. 

Q. Excavating or filling, oS cents, three bids, aggregate oS cents. 



1440 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

average 19^ cents ; and grading above 18 inches deep, one bid, at 25 
cents, and the board price for all this is fixed at 20 cents per cubic yard, 
and the earth to be deposited where directed, without extra charge ? — 
A. Yes, sir. 

Q. Now, were there bids for grading of carriage-ways '? Before you 
answer that question, do you know whether the grading of the carriage- 
ways and the footwalks was all paid for ultimately at the same price ? — 
A. I do not. 

Q. That you do not know anything about? — A. No, sir. 

Q. Plave you a statement there of the grading as to the carriage- 
ways ? — A. These bids for carriage-ways were to include two feet of 
grading. The only reference I find to grading in these bids for carriage- 
ways Is excavation and grading, 30 cents per cubic yard, to one bidder. 

Q. Is there only one bidder ? — A. I am speaking of it at that price ; 
and then there is another bid there, at 24 cents for grading, unless the 
board of public works can have it done for less. Here are certain 
streets — for instance, excavation on K street, 12, 13f cents, excavation, 
on F and Gr, 9|; grading 30 cents per cubic yard. 

Q. How many bids of that kind in the aggregate? — A. Here are five- 
bids — 40 cents per cubic yard for grading over two feet, 35 cents for grad- 
ing over two feet, 50 cents for grading ov^er two feet, 45 cents for grad- 
ing over two feet, 35 cents for grading over two feet. Those are bids on 
the different streets. 

By Mr. Christy : 

Q. I understand you to answer that you had no present connection 
with the board of public works f — A. Yes, sir. 

Q. Are you not in the employ of the District government as auditor f 
— A. I am auditor of the District government. 

Q. Was this matter the subject of discussion before the board prior 
to your receiving this order under which you made this scale of prices f 
— A. I think at the time these bids were received I was in the room. I 
was asked to take oft' the schedule. The only reason I could see for 
their referring them to me to make this schedule was from my having 
taken oft' the bids, as read by a member of the board, as fast as they 
were opened. 

Q. What member of the board read the bids ? — A. That I cannot 
now recollect. 

Q. At the time, then, that you made the record of the bids, you had 
received no instructions as to this preparing of the scale of prices? — A. 
No, sir ; but I did subsequently. 

Q. I understand you subsequently received an order in writing from 
the board? — A. No, sir ; it was a simple reference that went on the 
journal referring these bids to the engineer and auditor for classifica- 
tion and report. 

Q. It was an expression of the sense of the board in writing, as it 
appears on the journal upon which you did this work subsequently ? — 
A. Yes, sir. 

Q. So that you have no knowledge of any discussion between the 
members of the board on this subject? — A. O, yes, I Imve this knowl- 
edge. I was in and out of the board-room frequently during their 
meetings; and oue object of having these bids scheduled was to ascer- 
tain whether there were what were known as straw bids. 

Q. That is the first obiect that you had — to ascertain whether they 
were straw bids? — A. No, sir, not the first. 

Q. What was the first purpose, then, as indicated to you? — A. There 
■was none indicated to me. 



TESTIMONf OF BEXJAMIX F. MEEDS. 1441 

Q, Are you not aware of tlie fact that it was tlie determination of the 
board in the first instance to award tliese contracts to the lowest bid- 
der f — A. Xo, sir, I am not. 

Q. Were yon not aware of the fact they required this deposit of $1,000, 
of which yon speak, for that purpose, so as to i)rotect tlie board against 
what were known as straw bids ' — A. I did not know what the design 
of the board was beyond what is stated in the advertisement. I had 
nothing to do Avith the preparation ot the advertisement. I was not 
cognizant of its i)reparatiou. 

Q. Then you have no information of a purpose upon the part of the 
board to adopt this scale of prices until that entry was made on the 
journal .' — A. No, sir; I do not think I liad then. 

■ Q. When was it that you ascertained that the work was to be done 
under a scale of prices fixed under these calculations that you were in- 
structed to make? — A. On the 14th of Septend)er. 

Q. That is the first intimation you had of the purpose for which this 
was to be used ! — A. O, no; I thought you were asking me in regard 
to the time of fixing the price. The object of having those papers 
prepared was to enable the board to get at a fair average price for work 
done. 

Q. When did you first receive information that that was the purpose 
of the board t — A. I think within forty-eight hours after the opening of 
the bids. These questions were questions that were discussed in the 
board. 

Q. Then that was not a subject of discussion until the bids were 
opened ? — A. That 1 cannot say. 1 was not present at every meeting 
of the board. 

Q. Within your knowledge, it was not the subject of discussion ? — 
A. No, sir. 

Q. But it was soon after, and within forty-eight hours after the bids 
were opened ? — A. Yes, sir. 

Q. You have rej^orted there the price established for the Scharff con- 
crete pavement, S3.20 ! — A. Yes, sir. 

Q. How did you arrive at that ? The board, I understand you to say, 
adopted the results of your calculation without change 1 — A. I do not 
know that at all. This was simply to enable them to make up a scale 
of prices. In no case have they adopted the price indicated here as the 
average of the bid. They are lower in every instance, in every item. 

Q. Then you were not advised there was any mistake at all in 
the calculations that you had made? — A. No, sir. 

Q. Now, what was the result, the average price of the bids for the 
Scharf pavement? — A. There was but one bid for the Scharf pave- 
ment ; it was $3.40 ; price fixed by the board, $3.20. 

Q. By whom made ? — A. It was made by John O, Evans. 

Q. llow did you arrive at the price of the vulcanite Filbert pave- 
ment ? ITow many bids were there for that ? — A. Two. 

Q. Wliose wcre'they ?— A. L. S. FiM)ert, of Philadelphia, 83.25, was 
one bid for all the streets except Pennsylvania avenue ; $3.15 for Penn- 
sylvania avenue ; two l)ids taken together make $0.40. 

Q. L. S. Filb<'rt made both bids? — A. Yes, sir. 

Q. No competition ? — A. No, sir. 

By Mr. Christy : 
Q. In your estimates there did you include any bid the maker of 
which had not deposited $1,000, accordnig to the terms of the adver- 
tisement i — A. Yes, sir ; we included, I see here, a number that arc not 

91 D C T 



1442 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

marked as having deposited $1,000 5 but it is possible, that as there were 
three classes of work, for carriage- ways and footways, and also for fur- 
nishing curbing, that the deposit of $1,000 may have been noted on the 
other schedule. I could not state that without making a tabular state- 
ment. 

Q. I understood you to say that these were the bids made by those 
who had complied with the terms of the advertisement as to the de- 
posit of a thousand dollars with the register? — A. You misunderstood 
me. What I said in relation to that was this : this schedule showed 
the amount of deposit made by each one of these bidders whose name 
appears on this schedule. Some of the bidders deposited five hundred 
dollars because of the advertisement under which they put in their pro- 
posals. I know the fact there were two classes of depositors, some five 
hundred and some one thousand dollars. I could easily verify that. 

Q. We will pass from that. W' as it any part of the duty of yourself 
and your associate to pass upon the character of the improvements that 
were referred to you — as to the quality or character of the various car- 
riage-ways, for instance ? — A. No, sir. 

Q. Then your instruction was to take all bids that were made, without 
reference to tbe fact whether a deposit had been made or not? — A. I 
received no specific instruction whatever. Bids were just handed to me, 
and I was told to please arrange these and classify them, and I did so 
to the best of my ability without any formal instruction in any shape 
or form. 

Q. Did you in your statement include the bids of John G. Stafford 
for the Smith concrete pavement? — A. I included in the concrete pave- 
ment one bid of John G. Stafford for $2.25, one at $2.30, one at $2.80, 
one at $2.81, and one at $2.50 — six bids made by John G. Stafford. 

Q. Then you made an average, and reported the entire statement, in- 
cluding the average, to the board ? — A. Yes, sir. Those bids of Stafford 
were for six different streets, his prices varying on the different streets. 

Q. And you reported the average amount, you state, to the board ! — 
A. Yes, sir. 

By Mr. Wilson : 

Q. Was he the only bidder for that description of pavement ? — A. 

Yes, sir. 

By Mr. Christy : 

Q. Who prepared the advertisement of which you speak f — A. I do 
not know. 

Q. Was it not the expectation of all persons connected with the board 
of public works that the awards would be made to the lowest bidders? — 
A. I do not know. 

Q. Was it not your purpose, in taking down the reports as made by 
the person opening tlie bids, that it was to ascertain who was the low- 
est bidder ? — A. No, sir ; I knew the contrary. It was the deliberate 
intention luit to take this schedule and treat it in this manner. The 
idea was to get at a fair price for good work. 

Q. When did you ascertain that fact? — A. Before I made out this 
schedule. 

Q. 1 am not speaking of the schedule that you made up ; but you 
stated that when the bids were read off' by the person whose name you 
have forgotten you had then no knowledge of any intention to arrange 
a scale of prices ? — A. Yes, sir. 



TESTIMONY OF BENJAMIN F. MEEDS. 1443 

Q. So that, iu the first instance, you tooli: it down with reference to tlie 
worlcsnbseqnently done to fix the scale of i)rices ? — A. Yes, sir. 

Q. At tliat time did you not expect tliat bids would be let to the ones 
who proved upon the opening; of the bids to be the lowest bidders f — A. 
1^0, sir. 

Q. Ilad you any opinion on the subject"? — A. Yes, sir. 

Q. Derived from any member of the board? — A. I could not specify 
any member, but I knew of a discussion iu the board iu relation to 
frauds that liad been perpetrated under the old government by reason of 
bids being put in for one kind of ])avement and another kind of pave- 
ment being put down of an inferior quality. When I made up tbis 
schedule, as you will see, each different pavement is scheduled by itself, 
and the number of bids, and that they were to determine as to which 
kind of [)avemeut they would i)ut on certain streets. There was noth- 
ing in the opening of those bids by the board of public works, to my 
knowledge, that promised to any bidder work under his bid. 

Q. Do I understand you to say that, prior to the oi)euing of the bids 
on the first of September, you had received information that awards 
would not be made to the lowest bidders, but that a scale of prices 
would be established ? — A. Xo, sir ; you do not understand me to say so. 

Q. You say, however, it was a matter of discussiou ? — A. Yes, sir; 
after the receipt of these bids; after these bids were opened, and be- 
fore they were classified. 

Q. And after you had taken them down 1 — A. Yes, sir ; iu this book ; 
not this taking down. 

Q. 1 understand that. So it was uot in fact until after the opening 
of the bids that this matter of fixing ])rices b^' the results of these calcu- 
lations was determined upon t — A. That is, to my knowledge. 

Mr. Stanton. You were asked concerning an increase in laying the 
price of brick pavement. Do you know anything of the reasou of 
that increase? — A. Yes, sir. 

Q. Will you state it '? — A. There was a very great deal of dihiculty 
in ol)taining brick, and I believe there was a combination attempted 
among the brick-men, they knowing there would be a very large quan- 
tity of brick pavenu^nt, to put up the price of brick. There was a clause 
subsequently inserted in the contracts by which the board fixed the 
price of bricks at $11 and $11.50 a thousaiul, ami would furnish to con- 
tractors at that price. Where they failed to furnish, or where the brick 
ou the street cost more than $11.50 a thousand, the difference per square 
yard was taken b}- counting thirty-six brick to the square yard, and if 
there were a thousand yards of brick pavement, that represented thirty- 
six thousand brick. The difference between $11.50, the board price, 
and the price actually paid for the brick, was allowed. 

Q. When this increase was made from 80 cents to $1 per yard had the 
j)rice of bricks actually gone up? — A. I know nothing about the increase 
of price to $1 a yard; that was done after I h>ft the board. When the 
price was fixed at 80 cents, contractors then furnished the brick. Sub- 
sequently there was an attempted combination among the bri(;k men, 
and the board undertook to break up that combination. They would 
purchase brick. I think they bought some at rhiladeli)hia, and some 
at Baltimore, and they cost about $11.50; they were put to the contrac- 
j tors at that price. After a while the board could not get brick, and 
J they permitted contractors to get brick wherever they could, and gave 
to them the increased price per yard represented by the dilVerence 
"between $11.50 per thousand and tlie price actually paid. 

Q. You were the first auditor of the board .' — A. Yes, sir. 



1444 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. How long- did you continue ? — A. Up to December 14, 1872. 

Q. Explain to the committee the manner of auditing accounts that 
was established and followed. — A. The engineer would transmit to the 
auditor^s office the measurement of a certain street for work done by the 
contractor. I took the schedule of prices and carried out the extensions 
of the different items that appeared on the engineer's measurement, witk 
the prices fixed by the board. I then made out a certificate that I had 
that day examined and allowed the account of John Smith, contractor, 
for so much money for work done on such a street, between such and 
such points. That went to the treasurer, with a duplicate of the meas- 
urement, and the audit as made up in my olJicc. 

Q. A duplicate of the measurement? Do you mean a duplicate cer- 
tificate? — A. No, sir; I mean a duj^licate measurement. I never made 
a duplicate certificate. 

Q. I mean a duplicate certificate of the engineer. — A. Yes, sir. 

Q. Then, in any case, did you audit a bill without having the engi- 
neer's certificate to the correctness of the measurement ? — A. No, sir. 
I could not tell what to audit without the engineer's certificate before 
me. 

Q. You always required thaf? — A. Yes, sir. 

Q. The payments were made upon your audit of the bills ? — A. Yes, 
sir. 

Q. Do you know of any case in which payments were made except 
upon which measurements were furnished by the engineer and afterward 
a formal audit by yourself? — A. No, sir. 

By Mr. Christy : 

Q. AVhat was your mode of ascertaining the amount of assessments 
against any particular x)iece of property upon the street ? — A. I had 
nothing to do with the assessments beyond making up a statement of 
the amount that appeared on my books as having been audited for work 
done on the streets. 

Q. And without regard to the parts of the streets upon which the 
work was done ? — A. O, no, sir. 

Q. That is true, isn't it ? — A. No, sir. 

Q. Let us take a lot No. 100. Is there anything in your statement 
separating the cost of the improvement in front of that lot? 

Witness. Of that immediate lot ? 

Q. Yes, sir. — A. No, sir. 

Q. That is what I mean. Didn't that result in this : that improve- 
ments were much more expensive on certain portions of a street than 
upon other portions, and yet the entire cost was distributed upon all 
the property on the street ? — A. I know nothing of the mode of making 
out an assessment. 

By Mr. Wilson : 

Q. There were difterent kinds of wood pavement there, were there ? — 
A. Yes, sir. 

Q. The different kinds of concrete pavement ? — A. Yes, sir. 

Q. Did the board fix the price of all wood pavements at a sum and 
of all concrete pavements at a sum, irrespective of the character of 
the pavement ? — A. All untreated wood pavements were fixed at three 
dollars ; all concrete fixed at three dollars, with the exception of the 
Parisen. The Parisen was fixed at three dollars and twenty cents, and 
the Scharf at three dollars and twenty cents. All other concretes were 
fixed at three dollars. 



TESTIMONY OF BENJAMIN F. MEEDS. 1445 

Q. Trrespective of wliat it cost to put them down ? — A. I do not sup- 
pose the board went into that at all ; I do not know anytliing- about it. 

(). Tliey just took all their concretes and fixed them at 83 ? — A. Such 
as tliey use. 

Q. 1 mean what they adopted, they fixed all at the same price, regard- 
less of Avhat the i)aveiuent cost to construct it f — A. Yes, sir. 

Q. Do you know when the price of these concretes was increased ? — 
A. No, sir ; I do not know. 

Q. Uo you know as a fact that they were increased to 83.50 '? — A. 
iSTo, sir. There certainly was not, during the time I was auditor, an}' 
concrete audited at 83.50 a yard. 

Q. You know of no increase of the price? — A. I cannot tell you now 
whether I do or not. 

Q. Do yon or not know these concretes have been paid for at 83.50 a 
yard? — A. 'So, sir; I do not know it. Tbey were not so paid for while 
I was auditor. 

Q. Do you or not know whether since you were auditor these con- 
cretes that were constructed while you were auditor have been paid for 
at 83.50 a yard ! — A. No, sir. 

Q. What has transpired since you were auditor you have no knowl- 
edge of ? — A. No, sir. 

By Mr. Christy : 

Q. Did you make any report to the board of the price at which a bid 
was made, furnishing wood burnettized? — A. Yes, sir. 

Q. Did the board fix the price for burnettizing upon that report ! — A. 
No, sir ; they did not adopt any price for burnettizing the wood at that 
time. 

Q. Do you wish to be understood as saying that the prices fixed for 
concrete pavements were either 83 or 83.20 a square yard, and that no 
price was fixed less than that ? — A. I do. Three dollars for all con- 
cretes except the Scharf and Parisen. 

Q. Are you sure you are not mistaken in regard to C. E. Evans's 
concrete ? — A. No, sir ; I am not. 

Q. Was not that fixed by the board at 82.95 ?— A. Not in the 
schedule of prices sent to me September 14. 

Q. Will you be kind enough now to state, referring to the scale of 
prices, at what that was fixed — the Evans concrete? — A. For the 
Evans concrete there was no definite price fixed. There was no definite 
price fixed for any particular pavement except the Scharf and Parisen. 
That was specified at so much per square yard. The other concretes 
were put all together. 

Q. Were you examined before the other committee of investigation ? — 
A. No, sir. 

Q. Has your attention ever been called to the tabular statement made 
by the board of public works in regard to carriage-ways? — A. I suppose 
I have looked over it. 

Q. Perhaps you would desire to correct your testimony in regard to 
the Evans concrete if you saw it. [Report referred to was here handed 
to witness, who i>roceeded to examine same.] — A. [Examining the report.] 
I have no desire to correct my testimony in regard to that. My testi- 
mony is right — 83. 

Mr. JMattingly. He is testifying, you understand 

Mr. CiiKiSTY'. As to the board prices September 11th, as reported to 
him on that day. 



1446 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. There was no price fixed for the C. E. Evans concrete 
in the list of prices sent to me by the board. 

Q. When were you advised of the rate at which it was fixed! — A. I 
suppose by the contract. 

Q. And not before you inspected the contract? — A. I presume not. 

Q. Then it was fixed subsequently at $2.95 !— A. That I cannot tell 
you, now, from memory. 

By Mr. Mattingly : 

Q. What was their bid— C. E. Evans's ?— A. Their bid was $2.75, 
work to be kept in order at least three years, and payment to be made 
when finished and accepted ; grading additional, at 30 cents per cubic 
yard, and their pavement was to be a chemical pavement, 6 inches thick ; 
that is their bid. That is the bid of the Evans Concrete and Flagging 
Company of New York. 

Q. Had you retired from your position on the board of public works 
before the advance in price was given to C. E. Evans for this pavement f 
Do you know of the subsequent increase — the $3.20"? — A. I don't think 
that was done while I was there. It might have been done, but I have 
forgotten if it was. 

By Mr. Stanton : 

Q. I desire, in connection with Mr. Meeds' testimony, to put in evi- 
dence extracts of the journal of the board, showing the reference of 
these bids to the auditor and engineer, and the scale of prices fixed by 
the board. I will give the reference to the reporter, and the pages. 
They are as follows: 

[Extract from journal.] 

Board of Public Works, 

Washington, September \, 1871. 

All the members present except Mr. Mullett. 

Bids were opened for paving or macadamizing carriage-ways. For curbing 100,000 
linear feet of blue, seneca, or granite stoue 20 inches deep, 6 inches at toj), with a dress- 
ing on front side of 6 inches, and in pieces of not less than 6 feet. 

For furnishing and setting of curbstones, either of New York bluestoue, seneca, or 
granite. 

For laying new brick pavement with best quality of paving-brick. 

For relaying old brick pavement, furnishing gravel and sand where needed. 

On motion, the bids were referred to the engineer and auditor for examination and 
classification. 

[Extract from journal.] 

Board of Public Woks, 
Washington, D. C, September 14, 1871. 

The following scale of prices for work and material were then adopted by the board : 

Wood and concrete j)avemeuts $3. 00 per yard. 

Scharf & Parisen pavement 3. 20 per yard. 

Macadamizing 12 inches deep 1. 50 per yard. 

Belgian pavements 2. 50 per yard. 

New brick pavement 80 per yard. 

Granite curb, ( without setting) 97 per linear foot, 

Bluestone curb 

Flag-stones for crossings 60 per square foot. 

Relaying old brick jjavement 25 per yard. 

New cobblestones 55 per yard. 

Gutter iiagsl2-iuch 35 

Gutter flags IG-inch 50 

Grading per cubic yard, earth to be deposited where directed with- 
out extra charge 20 

Resetting old curb, (4 inch) 15 

Setting 6-inch curb, (new) 30 

Relaying old cobblestone 30 



TESTIMONY OF LESTER A. BARTLETT. 1447 

Lester A. Bartlett swoiu. 

By Mr. Stanton : 

Question. Were you present at the meeting called by the board of 
l)ublic works, December 14, 1871, of the persons who had bids for work "? 
— Answer. I was. 

Q. It is stated, in the 4th and oth specifications under the first charge 
of the memorialists, that some persons were excluded from the room on 
that occasion. State your remembrance as to that fact. — A. I could 
not state whether there was any one excluded or not ; but my remem- 
brance of the fact is that the doors were open, and that the contractors, 
and any one who chose, might go in or out. 

Q. Persons were going in and coming out all the while 1 — A. Yes, 
sir. 

Q. You did not see anything to indicate it was not a public meeting, 
to which everybody had free access 1 — A. There was no door keeper and 
nothing to indicate it. 

Q. Have you any remembrance as to the rates fixed by the board on 
the part of the contractors ? — A. I know there Avas a general dissatisfac- 
tion. 

Q. For what reason ? — A. The contractors all considered the prices 
too low. I know there was a great deal of talk among them. Some of 
them expressed the opinion that they could not do work for that. One 
or two made speeches to the board to that effect. I think Governor 
Shepherd told them they must remember these prices were established 
upon a cash basis ; that they were to receive cash, and that heretofore, 
under the city government, they had to sell their paper at a discount, 
and the board proposed to pay cash, and for that reason they could af- 
ford to do the work at a less rate than they could have done heretofore. 

By Mr. AYiLSON : 

Q. You have received cash, in all instances, for your work ? — A. I am 
sorry to say I have not. 

Q. What have you received ? — A. I have been paid in cash — in sewer- 
certificates, and in board of public Avorks certificates. 

Q. Are you still holding any of those certificates? — A. I am holdiug 
some, and some 1 have had to sell ; some have been sold for me on ac- 
count of my inability to take up my notes. 

Q. How long is it since you have had any money from the board ? — 
A. I think it was certaiidy after the last appropriation. 

Q. ]\Iarch, 1873 ? — A. I was thinking it was along in January. 

Q. The appropriation of 8th January, 1873 ? — A. I guess that was the 
appropriation. 

Q. Have you had any money excepting since shortly after that ? — 
A. I do not remember. It was one of those two appropriations. 

Q. Wliat amount of certificates are you holding now? 

The Witness. Uo you mean sewer-certificates or auditor's certificates ? 

Mr. Wilson. I want both. 

A. Well, my sewer-certificates, I think they are all sold with the ex- 
ception, perhaps, of ten thousand. 

Q. What is the amount paid for those certificates in this city ? — A. 
About 0.") cents, I think. 

Q. Now, what amount of auditor's certificates do you liold.' — A. 
Something in the neighborhood ot one hundred thousand dollars. 

Q. What are they worth in this market ? — A. 1 think about 48 cents. 

Q. You are constructing the Tiber Creek sewer ? — A. Yes, sir. 



1448 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Do you know what is the whole amount of work that .you have 
done since the 1st of January last'? — A. We have not done but very 
little ', I could not tell exactly— perhaps three hundred feet. 

Q. What price are you g'etting for putting down the Tiber Creek 
sewer ?— A. We get $82.50 a foot. 

Q. And furnishing all material ? — A. Yes, sir; and doing all the work 
and making all the excavations to width. If there are caves, such as 
you saw the other day, of any importance, of course we expect to have 
extra compensation for them. The estimate for that work is founded 
upon the engineer's statement, of about 45 feet in width, I think, and so 
many feet in depth. Anything that should cave beyond that we were 
to receive extra compensation for. 

Q. What is the actual width of your excavation? — A. The actual 
width of the foundation is 32 feet, I think, and slopes out 45 feet at the 
top, 1 think. 

Q, What caves beyond 45 feet you claim extra for? — A. I think it is 
45 feet. The engineer's statement will show that, upon which the con- 
tract was based. 

Q. For what length did you get paid $82.50 a foot? — A. For the whole 
length, 

Q. What is its length? — A. I guess it is about forty-five hundred 
feet. 

Q. What is the deepest excavation on that sewer ? — A. Thirty-seven 
feet ; but that is only in the hill at one point. 

By Mr. Thueman : 

Q. Where does this sewer begin ? — A. At E street and iSTorth Capitol 
street. 

Q. Then your work is all on North Capitol street ? — A. Yes, sir. 

Q. You have not the contract northwest of "North Capitol street? — 
A. That is in the Adams contract; Adams's contract empties into ours at 
North Capitol street and O street. 

Q. Y'^ou begin where his sewer strikes North Capitol street ? — A. No, 
sir; we begin at E street, here. 

Q. And end where his comes into O street ? — A. We begin at the 
bottom and work up. 

Q. Y(mr contract is, then, from E street to \vhere his sewer crosses 
North Capitol street, which is at O street? — A. Yes, sir. 

Q. Did you receive from the board of public works a note to appear 
at this opening of bids? — A. I think I did. I would not be certain. 

Q. Have you that paper here? — A. No, sir; if 1 received it it was 
simply a notice that there would be a meeting of contractors at that 
date. When we put in our bids the first of September, the board re- 
ceived them ; and, if my memory serves me, they were all read and 
taken down — the bidders' names and what they offered to contract to do 
the work for. I remember they told us they would have a meeting at 
some future time, and they would give us the result of their action on 
those bids. 

Q. Have you ever done any kind of work as to sewerage ? — A. Yes, 
sir ; we paved Maryland avenue and C street ; we put in a small sewer 
on Delaware avenue, here. 

Q. Bartlett «& Williams ? — A. Yes, sir. 

Q. Have you any knowledge of any bidder not being invited to ap- 
pear there at the opening of the bids ? — A. No, sir; I have never heard 
of any one being prevented from attending it. On the other hand, if 
my memory serves me, all those who put in bids were there. 1 know 



TESTIMONY OF LESTER A. BARTLETT. 1449 

tlie room was full, and we were miiif^liiiff too-etber discussing the action 
of the board in reducing- the rates below au^- of the oflers. 
By Mr. Mattingly : 

Q. Did not some of your contracts require you to receive pay in sewer- 
certificates ? — A. This last contract I have does. 
By Mr. Christy : 

Q. Did you deposit, as required by the advertisement, the thousand 
dollars witli the register of the city of Washington? — A. Yes, sir; also 
the five hundred for either the Tiber arch. 1 think five hundred dollars 
was required; I also deposited that. 

Q. When did you first receive information that the contracts would 
not be awarded to the lowest bidders? — A. I never received any such 
information. 

Q. Did not you bid with the expectation of a contract being awarded 
to the lowest bidder? — A. I did; it was in the case of Tiber arch. We 
were the lowest bidders there by about ten dollars a foot. 

Q. Have you done all that work under the original award or price? — 
A. ^o, sir. 

Q. Was there not a very large increase subsequently ? — A. Yes, sir ; 
also an increase of the material used in the arch. 

Q. When was that increase to you made by the board ? — A. It was 
made before ever there was any arch completed. I could not tell you 
exactly when. In the first place, our bid called for certain size arch. 
The engineer then had uot confidence in the strength of that arch to 
hold the carriage-way, as this was to be built under Third street, and 
he required a greater thickness of brick, also more stone on the benches, 
and the increased price of Tiber arch was in proportion to the increased 
material used in its construction, or, in other words, I might state that 
our bid at 875 was a few cents below what the engineers had estimated 
the cost of that work would be. They took the estimate of so much a 
thousand for brick, and so much for excavation ; so nuich for stone- 
work. Then in the new plan the engineer gave us, we were allowed at 
the same rate, so much for brick, and so much for stone, and so nuich for 
excavation. That brought our price up to $102.50, if my memory 
serves me right. 

Q. Y"ou say there was a general discussion by the contractors at the 
meeting on the 14th of September, complaining of the price at which 
the board awarded the various contracts ? — A. I remember njy partner 
stated at that time — I think he stated it to the governor — that excava- 
tions could not be made at that price unless they were paid for the fill- 
ing also. 

Q. I do not want the discussion, simply the fact there was some. I 
will ask you this, if the contracts were not frequently taken by all to 
whom they were awarded ? — A. That I could not tell. 

Q. Were they not arbitrarily awarded to whomsoever they pleased? — 
A. No, sir; I do not think they were. I know we have had many con- 
tracts awarded to us that we have not taken — that we did not want. 

Q. That you had not applied for? — A. Well, with one exception. 
That word "applied for" might leave a wrong impression, because bid- 
ders in puffing in their bids oftentimes designate the streets. \Ye did 
the same if 1 remember aright; we did not receiv^o a contract for any 
street that we had designated in our bid, but received contracts for 
other streets. 

Q. At what rates did you sell them, your sewer-certiflcates ? — A. I 
sold some for 50 cents. 

Q. Uave you exchanged any of them for real property ? — A. Xo, sir. 



1450 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Frederick Johnson recalled : 

Question. I find it stated in the seventh specification, under the first 
charge of the memorialists — 

That said board of public works, without any previous public notice, likewise agreed 
with the said John O. Evans, and his said associates, and caused the same to be in- 
serted in their contracts as follows, to wit: " Provided, that partial payments may be 
made under direction of said party of the first part, (the said board of public works,) 
otherwise than under the direction of said engineer, as provided above, if, in the opin- 
ion of the said party of the first part, the vigorous prosecution of the work will be pro- 
moted thereby," which provision is not in the printed blanks exhibited to bidders prior 
to the 1st day of September aforesaid, (see contracts Nos. 583, 293, 41, 27, 145, 190, 29, 
42, 159, 31, 32;) thus enabling the said John O. Evans and his said associates to virtu- 
ally i>rosecute said improvements without advancing anj^ considerable cajwtal on their 
part, and to receive pay in advance of any inspection or estimate of the work done by 
them ; that said board of public works, likewise, to assist the said John O. Evans, and 
his said associates, permitted them to go as sureties for each other upon the bonds 
accompanying all of the contracts, so far as examined by your memorialists, and 
thus permitted Lewis Clephane to execute the bonds attached to contracts Nos. 293, 
41, 145, 29, 42, 27, 159, 194, 31, 32, aggregating $171,000 ; the said Lewis Clephane, 
at the times said bonds are alleged to have been given, not being worth over $12,000, 
and thus, although by the rules and regulations of said board each contractor 
was required to keep the improvements made by him in repair for the period of 
three years, and such bonds being the only security required by said board of 
public worlis, each contractor by their rules being entitled to be paid in full on com- 
pletion of his contract, that said board of public works likewise, to aid and assist the 
said John O. Evans, and his said associates, made certain exceptions in their favor in 
regard to keeping said improvements in repair ; said rule to keep improvements in 
reiDair being universal in terms, and allowed said condition to be changed to keep in 
repair only one year. (See contracts of Lewis Clephane, Nos. 159 and 194.) That the 
said board of public works likewise, to aid and assist the said John O. Evans and his 
associates, unlawfully agreed to pay twenty-five cents per square yard for a 
wooden foyndatlon for the "Miller wooden pavement" in excess of the original con- 
tract prices, and long after the period jirescribed for the completio i of said contracts 
had expired, (see extensions to contracts with Lewis L. Filbert, Nos. 31 and .32.) That 
the said board of public works granted these iirivileges and advantages to the said 
John O. Evans, and his said associates, after the said 1st day of September, A. D. 1871, 
and withheld all knowledge of their intention to make these special arrangements from 
the bidders outside, and ignorant of the existence of said confederation, although they 
were important elements to be considered in preparing their said bids or proposals. 

Q. I will ask you whether you have made any examination of con- 
tracts entered into by the board of public works for the purpose of 
ascertaining whether this provision is limited by the contracts awarded 
to Mr. Evans and Mr. Clephane ? — A. I have, and I find it is not limited. 

Q. Can you state in how many contracts you find it incorporated ? — A. 
I find it in nearly all the contracts up until the time the new printed 
blanks that were used after the first blanks gave out. With very few 
exceptions, it is in all. If it is not filled in, it was a mere clerical error 
in the contract office. In earlier contracts, it was a blank space there, 
and that was written in. Not always the same thing, but always the 
ame idea would be conveyed. 

Q. In this, however, it is excluded. What is the character of the 
work ? — A. Of no aggregate amount of any great consequence, and 
sometimes the nature of the contract would not require anything of that 
kind, because, in contracts for furnishing tree-boxes, they would be 
paid for, not in certificates of the engineer office, or measurements of 
the engineer office, but upon the certificates of the officer or agent of 
the board designated for that purpose, who received the tree-boxes. 
The same in the case of man-hole tops and sewer-traps, or certificates 
of the superintendent of sewers, and in cases of a miscellaneous and 
similar character. 



TESTIMONY OF J. C. LAY. 1451 

By Mr. Christy : 

Q. When were your blanks in fact prepared? — A. That I cauuot 
answer. 

Q. How long after the 24th of September? — A. That I could not say. 
I found them in the office when 1 first came there. 

Q. When was that f — A. In November, 1871, I think. 

Q. And they were then there pre[)ared ? — A. Yes, sir ; and all con- 
tracts were drawn, and it was as nuu;h a part of the clerk's duty to put 
tbat paragraph in as to fill in all other portions that should properlj' 
go in. 

Mr. J. C. Lay sworn. 
By Mr. Stanton : 

Question. Are you auditor of the board ? — Answer. Yes, sir. 

Q. You succeeded Mr. Meeds ? — A. Yes, sir. 

Q. You have been auditor since that time ? — A. Yes, sir. 

Q. Mr. Lay, in the 7th specification of the first charge I find it stated 
— a provision which I read a moment ago was inserted in certain con- 
tracts of Mr. Evans and Mr. Clephane, by which they were enabled to 
prosecute their improvements without advancing any considerable cap- 
ital, and to receive pay in advance of any inspection or estimate of 
work done by them. Do you know whether any bills have been audited 
without some certificate or estimate from the engineer ? — A. Xo, sir. 

Q. Since you have been auditor have you in all cases audited bills 
upon evidence from the engineer ? — A. Always ; never without. 

Q. You are the successor of Mr. Meeds f — A. Yes, sir. 

Mr. Stanton. If the committee please, we desire to cite another ex- 
tract from the journal of the board, having reference especially to the 
8th specification of this first charge, in which it is stated that the 
board of public works allowed additional compensation to that provided 
for in said contracts, to the said Lewis Clephane, by increasing the 
amount to be paid for grading from 20 cents per cubic yard to the board 
prices established January 22, 1872. The extract from the journal I 
will liand to the reporter. It shows that this increase was general, and 
applied not merely to contracts of Mr. Clephane or Mr. Evans, but to 
all contracts. The order is as follows : 

Board of Piblic Works, 

DlSTlUCr OF COLUJIIUA, 

WuKhiiujton, January 22, 1872. 

The board met at the usual hour. 

» # # » * * » 

Ordered, That the price of o;ra(liiig he fixed from and after this date at SO cents per 
cubic yard, including the hauling, not to exceed 200 feet. For each additional 200 feet 

one cent additioual per cubic yard will be allowed. 

» » # # > 

William R. Smith sworn. 
By Mr. Stanton : 

Question. You are public gardener? — Answer. No, sir; superintend- 
ent of the Botanical Gardens. 

Q. You are a member also of the parking commission appointed by 
the board of public works ? — A. Yes, sir. 

Q. Who composed that ])arking comiuission? — A. Mr. Saunders, of 
the Agricultural Department, .Mr. Saul, and myself. 

Q. Will you state more precisely the i)osition which Mr. Saunders and 
Mr. Saul respectively occupied ? — A. Mr. Saunders is in charge of the 



1452 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Agricultural Department ; I am in charge of the Agricultural grounds ; 
and Mr. Saul is a nurseryman of experience in this city. 

Q. Are both Mr. Saunders and Mr. Saul experienced i^ersons? — A. I 
think they have extraordinary experience in that matter. 

Q. When was the parking commission appointed ! — A. I could not 
tell without looking at the papers. 

Q. How long have you been acting ? — A. I think about two years ; 
maybe more. I didn't recollect the date at all. 

Q. Of what have you had charge under the board of public works ? — 
A. We are an advisory board — advising them as to the most judicious 
manner to conduct the planting of trees, and also occasionally advising 
them as to the matter of parking. 

Q. And sodding? — A. Yes, sir. 

Q. Has the purchase of trees and planting of trees been done under 
the direction of the jjarking commission ? — A. Yes, sir. 

Q. Do you know -what the price of planting trees under the board 
has been, including purchase and planting? — A. We recommended a 
certain price. It is very difficult to come at the exact cost, because 
one of the contingencies is the accidents that occur to trees in the 
streets. They have a great many enemies — dogs, men, horses — evevj- 
thing, in fact, seems to be an enemy. And malicious boys, also, destroy 
our work. Que of the worst troubles is the maliciously mischievous 
l^eople destroying the trees. 

Q. What is your estimate of the cost "? — A. Here is a paper. The esti- 
mate is six dollars. 

Q. Will you give the items that enter into that aggregate ? — A. Here 
it is. (The witness then read as follows :) 

Washington City, J|j?'jZ 21, 1874. 
Hon. Board of Ptiblic Works : 

Gentlemen : In answer to yonr request, asking for a detailed statement of the cost 
of tree-planting in this city, the following statement is submitted : 

1. Collecting surface-earth and street-manure, and mixing and preparing the 
fsame $0 50 

2. Digging and picking out hole 30 

3. Removing clay from hole, three loads 75 

4. Hauling prepared earth, three loads 75 

5. Cost of tree, insured to grow 1 25 

That, I think, is a little too low; but in making up this estimate, 
Mr. Saunders and myself had to guess as near as j)ossible at these 
various items. 

The witness resumed the reading, as follows : 

6. Planting and transportation from nursery or depot $0 20 

7. Box 90 

8. Stakes for box ; putting up and strapping trees 35 

9. Whitewashing box and repairing damages to same for one year 30 

10. Repairing around the tree 60 

11. Distributing-box 10 

Total 6 00 

Respectfully submitted. 

W. R. SMITH, 

Chamnan. 
WM. SAUNDERS, 
Secretary Parking Commission, 

Q. What have you to say in regard to the reasonableness or unreason- 
ableness of that estimate? — A. 1 think that is a fair estimate, and it is 
as cheap, when well done, as it is in any city in the world. In Paris they 



TESTIMONY OF WILLIAM E. SMITH. 1453 

cost double that. In Paris tliey usually take trees and grow them ; even 
our coininoH i)laue-tree or buttou-wood, as it is called, is grown for live 
years before they will risk it in the street. They give it live years' train- 
ing. We aim at that in onr reserve garden out here at the poor-house. 
We have not been able to give them that length of time, although it is 
much better to do it. For instance, we have ventured to dig trees 
out of the woods, and plant them in the street without any 
preparation, and I am almost certain wa will lose fifty per cent, 
at least if they do not all die. And if they do not all die we will prob- 
ably wish thej' had, for they will probably drag out a poor existence. 
Nothing is pretty in a half dead condition. When they are healthy, 
vigorous trees, then they are an ornament ; but sickly trees are not. I 
almost regret we ventured on that ex[»eriment. These trees cost noth- 
ing but the labor, it must be remembered. 

By Mr. Mattingly : 
Q. If they do not die you think they ought to ? — A. Yes, sir ; a good 
many of them. 

By Mr. Stanton : 

(}. What has been the quality of trees planted in this manner under 
direction of the board ? — A. The best collection of trees planted in the 
streets of any city in the world. I was looking last night at Horst- 
man's list, and his best tree is our American plane. Then that is our 
cheapest, if I might use the term, meanest tree. We go and take the 
higher class entirely. For instance in one street (Sixteenth street) we 
put a magnificent tulip poplar, the queen of trees, if I may use the 
expression. Again we ventured and are inclined to transplant here the 
Chicago maple, another magniflceut tree not tried anywhere else in the 
streets. 

]Mr. IIA3IILT0N. They are in my place. 

Mr. Wilson. We have got the prettiest ones you ever saw at my home. 

The Witness. What I say is that they have not got them in a whole- 
sale way in the streets. AVe have them here. Also in Georgetown they 
had magnificent ones. The finest tree we have probably selected for the 
avenues is the American elm, of which there is a magnificent specimen, 
supposed to have been planted by General Washington, right out here. 
That avenue out there is planted with them, and on the avenues gen- 
erally we are planting elms — the English elm. The English elm has 
given a bad reputation to the elms in this country, because it is eaten 
up by insects. One of our chief troubles is the insect. They are small 
enemies, but so numerous that it is more difficult to overcome them than 
larger ones. 

Q. In the testimony of Mr. William Douglass, who was examined 
here, I find it stated that he furnished trees to the board of public 
works at the rate of 840 per one hundred. Are you aware of the pur- 
chases made from Mr. Douglass ? — A. I recommended the ])urchase. 

Q. What do you say in explanation of the rate paid to him, and the 
price it costs the board to [)lant trees f — A. We will take those trees 
and grow them for two and probably three years before we plant any 
of them. There is great risk always. All men of my profession know 
the danger of taking trees from the woods or the fields and taking them 
from uncultivated grounds. 

Q. Tlien the trees were bought from him as they were gotten from the 
woods, were they ? — A. Yes, sir; and transplanted to the poor-liouses, 
and some of them are down there, and some at the poor-house grounds 
in Georfietown. 



1454 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. When was that nursery started at tbe poor-house ? — A. At the 
beginuiug. 

Q. Was it done by the board of public works? — A. Yes, sir; at our 
request. The idea was takeu from Paris, where they have forty acres 
of ground devoted to the purpose of growing trees alone, independent 
of the other nurseries for growing plants and flowers for the decoration 
of Paris. 

Q. Then, as I understand it, these trees, for instance, as bought from 
Mr. Douglass, were brought from the woods aud then transplanted to 
this nursery, and selections afterward made from them ? — A. Yes, sir. 

Q. And some of them died, perhaps, in the nursery "? — A. A good 
many. We expect to lose in the nursery, and we expect to expend 
labor in improving them there ; but, as I said before, we have riski^d 
some of these in the streets, and I think if I have made any mistake it 
is in recommending that. For instance, I made a present to the board 
of public works of 2,000 trees. They were planted right in the streets 
in some cases— a few of them, say about 200 of them, of this tulip pop- 
lar. I do not consider that it is a good plan to do it. I made the recom- 
mendation because of the anxiety I felt to have the city decorated with 
trees. 

Q. Some testimony was given here about the cost of sodding and the 
price paid for sodding around the botauical grounds. Y^ou may state 
what knowledge you have of that subject f — A. Mr. Clark, the architect, 
who disbursed the money had charge along with himself. He got some 
sodding done for 25 or 30 cents, and there were other bids from experts; 
40 and 25 cents were the bids of the other two ; 25 cents was the bid of 
Mr. Sullivan. That was a peculiar case. He said he was determined to 
have it — he must have work for his horses; and I do not think that is 
a fair sample of work of that kind to be done. While it was done under 
my own superintendency, and done really well, considering it was the 
last of the season, we had scarcely time to do it. In fact, the sods were 
all put down frozen and then fixed a little afterward. 

Q. What season of the year was it? — A. Just at the end of last season. 

Q. It was done, then, when he had not other appointments for his 
horses"? — A. The other two were forty and forty-five cents; and the 
sum was discussed, and he said he would not do it for less. Three 
horses and a boy, and he jjut in eight inches of soil aud sodding. 

Q. I understand you to say that all these bids were influenced by the 
consideration that it was the season when there was no other occupa- 
tion °? — A. Yes, sir ; it was cash. 

Q. What was included in that job ? — A. Only on First street ; a little 
strip. 

Q. Was there any grading or anythingof that sort ? — A. No grading ; 
I had first taken away all the superfluous material, and taken care to 
make it eight inches. I do not think any sodding should be done that 
has not suflicient soil underneath it. 

Q. Then the proportion of the ground was not included in that con- 
tract? — A. Not at all; I loosened up the soil underneath, which is one 
of the requirements of the specifications as ])repared by Mr. Saunders 
and myself, and sent to the board for their guidance, published with the 
name of the board attached to it. 

Q. This piece of ground is level, is it not, and the job is a com- 
paratively easy one? — A. It is what we would call a smooth, easy job, 
and I would not cite it as a criterion to go by at all. I do not think, if 
Mr. Clark's attention was called to it, that he would. Mr. Clark con- 
sulted with me in these matters very often. 



TESTIMONY OF WILLIAM R. SMITH. 1455 

Q. As a general tiling, how has sodding been laid nnder the board of 
l)ublic works? — A. Sodding has been laid, as a general thing, very well. 

Q. Do you know who lixed the price for which sodding was done un- 
der the board? — A. IVIr. Saunders and myself reconiniended 50 cents. 

Q. Do you regard that as a reasonable price "i — A. 1 think it is a rea- 
sonable price, and a fair price for sodding and putting the soil under- 
neath. 

Q. You and ^Mr. Saunders prepared, also, the specitications, did you 
not 1 — A. Yes, sir. 

Q. And that was prepared with care? — A. Prepared with care ; it 
was ]U'epared, 1 may say, by Mr. Saunders, and indorsed by me; few 
men have hnd as much experience as Mr. Saunders. 

Q. What was the price originally fixed by the board, do you know ? 
Was it not 25 cents? — A. I do not exactly recollect how the various 
questions were discussed by us, but the final conclusion was to put the 
requisite amount of soil and sod and pick up the soil underneath, &c. 
T know that it was worth that, and I think so still. 

Q. A witness by the name of Huber has testified here that some pub- 
lic property was taken to build a stable of yours. He says : 

I received a request from Mr. Smith. Ho is the chairman of the parking commission 
of the Botanical Gardens — the superintendent of it. We had some re<iuestsfor boards, 
some 300, 400, or .^)0() feet. He made me go to work and help to build stables for the 
contractors, and I was paid bj' the board. I built one for Coglin — he is a contractor, 
and one for Henry Ihirkhardt, and one for Smith himself, for a carriage-house that he 
had in Burkhardt's yard. 

What have you to say in regard to that ? — A. That it is a lie. It is a 
"willful and malicious lie. 

By Mr. Thurman : 

Q. Did he build any house for jqw 1 — A. I never owned a stable in 
this city in my life, and never knew that there was a stable, until I 
read it in that testimony. 

Q. You say you never knew there was a stable. — A. I mean in that 
l^lace in Burkhardt's yard. 1 may say that the horse that I owned was in 
Burkhardt's stable, for the use of the superintendent and myself to go 
about inspecting and examining the works. 

Q. Where is this yard ? — A. It is somewhere down in that neighbor- 
hood ; but I never was there, and I could not tell you ; the superintend- 
ent lived out there ; and I asked him to hire a stable somewhere in that 
neigh])orhood, and he had a buggy there that he used in the morning to 
go around, and see me before my office hours. He hired a stable from 
this man Burkhardt, but 1 authorized no such thing, and knew of no 
such thing. 

By Mr. Stanton : 

Q. This Huber was discharged, was he not "? — A. Work was suspended, 
and he was ; we had no further use for him, and we could get good men 
for less money to do the work. But I won't say anything of the man's 
character, because it would be considered that I was prejudiced, he 
having accused me — made an accusation which is false, of the falsest 
kind. 

Q. I would like to have your general oi)inion as to the course which 
the board of public works pursued in i)arking — the general plan, and 
arrangement, and the cost. — A. With reference to the cost, e\cci)t in 
the matter of trees and the price ])aid for sodding, I have no. knowledge. 
The i)lans that they have a(h)[)ted, as a general thing, while I was op- 
posed to some of them at first, 1 have changed my opinion in toto — they 



1456 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

are right, and I was wrong. In the matter of Massachusetts avenue, 
for instance, I thought for a h^ng time, and was very zealous and anxious 
to secure its parking iu the center. Certain plans that I had in common 
with my associates were thwarted by that — a feature whicli would have 
been an interesting one. I was very auxious to see along that magnificent 
avenue all our American oaks, for instance, in which I take a special de- 
light. But I think that the plan adopted now by the board of public works 
Avill make it the most magniticent avenue probably in the world. Four 
rows of American lindens planted and cared for judiciously will be a mag- 
uilicentfeature if carried out. You can see specimens of American lindens, 
as it is proposed to train them, iu the Botanical Cxarden. I have seen 
Paris, and I have seen Vnter den Linden, in Berlin, and 1 think this will far 
exceed that. The American linden is superior to the European lindeu 
tor the purpose. The Unter den Linden tree looks squatty, and our tree 
grows much higher, but, strange to say, they have notadoi)ted it to any 
great extent anywhere else except here. It is the lirst time, I think. 
We came to that as a necessity. We were disappointed in our plans, 
and adopted this, and I now think, for artistic beauty, it will make the 
most magnificent avenue on the face of the earth in any city. 

By Mr. Stanton: 

Q. State whether your services have been rendered to the board gra- 
tuitously ? — A. Entirely. 

Q. And of your associates, also? — A. Of Mr. Saunders and Mr. Saul 
in the same way. We meet once a week for discussion — at least we pro- 
posed to meet once a week; we are not as regular as we used to be. 
We give our services without fee or reward, except the honor we expect 
for being associated with the planting' of this city with trees. 

Q. During the active progress of the work you did meet for consulta- 
tion once a week? — A. Yes, sir; whenever necessity required anything 
to be consulted about, mx met every Thursday evening. 

Q. Have you and your associates taken i^ride and interest in this work 
and given it your best attention? — A. We have. 

By Mr. Christy : 

Q. How long since your nurseries have been established here? — A. It 
was one of the first things that we did when we commenced the park- 
ing. 

Q. State if the trees first planted were not largely brought from the 
forests. 

The Witness. What kind of trees do you mean? 

Mr. Christy. The trees generally planted throughout the city here. 
I am speaking now entirely of the trees planted by the board of public 
works. 

A. No, sir; they were brought from the nurseries North. 

Q. What did your trees cost you or the board? — A. They cost from 
nothing up to a dollar. 

Q. How do you explain the cost of those that cost nothing ? — A. I 
made a present of two thousand. 

Q. For so many as were purchased, what did you pay ? — A. I have 
paid from three cents to a dollar. 

Q. Was not the larger proportion of them purchased at twenty cents 
a piece ? — A. No, sir. 

Q. Would the purchase average about twenty cents? — A. Yes, sir; 
they would average — I cannot say positively, but about fifty cents. 

Q. The average price would be about fifty cents? — A. I think so; but 
recollect that a large number of these trees that were purchased for 



TESTIMONY OF WILLIAM R. SMITH. 1457 

fifty cents were not ready to go into the ground, and some that I pur- 
chjised for twenty cents, large trees, from the nursery in Philadelphia^ 
met with an accident when thej' arrived here. They were caught with 
frost and were kill<^d, and they had to cut them down ; and it will take 
them five years before they are ready to go into the streets, and some 
of them are dead entirely. 

Q. In other words, there has been a very large difference in i)rices 
paid for trees; that is true ? — A. Yes, sir ; that is true. 

Q. And yet you charge the same prices to all parties for trees ; there 
is no discrimination ? — A. Xo discrimination was recommended. It 
"woukl be im[)Ossible to discriminate. 

Q. I am not asking as to the possibility or the feasibility but simply 
as to the facts. — A. Do you state n)y facts, or must I state them myself? 

Q. I want you to state the fact and not the reason. I want to show 
that trees have been charged at a fixed price, in all instances, against 
I)ropert3'holders, and yet a very great difference in the varieties antl 
qualities planted. 

Mr. Hamiltox. That is an argument. Put your question; you 
stated what you wanted to show. Ask him distinctly what you want 
him to state. 

By Mr. Ciieisty : 

Q. Have you not charged the same prices for trees without reference 
to the cost to the board of public works? — A. We have charged noth- 
ing. AVe have simply recommended that uniform prices be charged for 
the trees. 

By Mr. Merrick : 

Q. You have not superintended this business ])ersonally, as I under- 
stand ? — A. 1 have given it a good deal of personal attention. 

Q. Have you actually superintended the planting of trees in this 
city ? — A. No, sir. 

Q. You have only recommended a scheme and a plan ? — A. And seen 
that the trees were looked after. I have visited the workmen every day 
"when work was going on. 

By Mr. Christy : 

Q. You speak of sodding, and state this : that if done according to 
the si)ecifications of the board, 50 cents a square yard would not be an 
unreasonable price. Have you given the matter of laying the sod any 
attention ; have you observed the sodding done for the board of public 
works'? — A. Yes, sir. 

Q. State the places where yon have seen these specifications complied 
with in this city. — A. Around the P>otanical Garden. 

Q. ^Vny place, else ? — A. On some of the streets leading from there. 

Q. What streets? — A. Maine avenue, I think, in part. I did not see 
it all. 

Q. Any other street or avenue ? — A. No, I could not name any other 
street where they have been, ^ly memory would not serve me as to 
that. 

Q. As to Maine avenue, you say that you saw the plans complied 
with ; that is what you saw — six inches of dirt and eight inches of 
loam plac<'d under the sod two inches deep ? — A. Not entirely; in [)art. 

Q. What parts of it <lid you observe, or part of it? — A. Near the 
gardens, opposite the scpiare, near Fourth-and-a-half street. 

(•i. Then you only sjieak positively of the sodding around the P>otan- 
ical Garden and a small portion on Maine avenue, that is near to the 
92 D c T 



1458 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Botanical Gardeu ! — A. Yes, sir. I could not speak positively as to 
Maine avenue. 

Q. Is not this the fact : tliat your g^eneral observation teaches you 
that the specifications have been disregarded ? — A. I thiulc they have 
not been com])lied with. 

Q. Do you know how the planting of the trees is paid for — whether 
they are planted by the day's work ? — A. Day's work entirely. 

By Mr. Wilson : 

Q, I have looked at your report of your parking commission for 
1872 and for 1873 both, and through the governor's Answer, and I can- 
not find in any place any statement as to what this tree operation has 
cost. Have you kept any account as to what it has cost? — A. We did 
not ; the board of public works attended to that matter. 

Q. Do you know whether the board of public works kept any account 
of the cost of these trees? — A. They kept an account of the men's 
time; it is kept regularly where they are at work. 

Q. This matter of the cost of trees, then, is A. Arbitrary; 

entirely arbitrary. 

Q. Is not that a Httle sort of a fancy sketch, sir I — A. Not a bit of it, 
sir. 

Q. How large are those holes dug ! — A. We took a square yard of 
material. 

Q. In the first i)lace, you took up the pavement f — A. Yes, sir. 

Q. Then you dug out the holes and carted away the dirt ? — A. Yes, 
sir; the soil here is very poor. 

Q. I understand that. Now I notice, in your statement that you read 
here a moment ago, that you charged 60 cents for laying that pave- 
ment down again, with the brick all there ready to your hand. Is not 
that a little steep ! — A. I do not think it is. 

Q. Do you think that 60 cents is a reasonable price for laying down 
•a yard of pavement, and the l)ricks all furnished ? — A. You have to pay 
a high price for the bricklayer, and the bricklayer or paver gets $3 or 
$3.50 a day. 

Q. I notice here that the bids for putting down brick pavement and 
furnishing the brick is only 80 cents a squaie yard ? — A. Yes ; but you 
can lay a square yard quicker than you can put an edging on. You 
liave got to break your brick. 

Q. That is your estimate as to the price? — A. Yes, sir; I regard it 
as very reasonable, always bearing this in miiul, that the trees are to 
be replaced if they die. For instance, you may have to do it over again 
in certain cases two or three times. If a horse drives over the tree-box, 
that has to be replaced, and it is no further expense to the property- 
ii older. 

Q. No tree ought to die if it is planted as well as you planted yours 
here ? — A. O, yes, it will. With the best physician, people die: and as 
with them, so with trees. 

By Mr. Thurman : 
Q. How deep is the excavation ? — A. Two and one-half or three feet 

By Mr. Wilson: 

Q. I have one word further. 1 see you have charged $13,236 for trees 

and boxes on Massachusetts avenue, and I want to know whether they 

will grow and make it the most magniticent avenue in the world? — A. 

If t!:ey aiv.' cnrefiilly attended to after they are i)hinted, and we have 



TESTIMONY OF WILLIAM K. SMITH. 1450 

a good class of citizens living on it ; because that is one of the great 
troubles. Witli low groggeries and such places, we cannot keep trees 
iUive, to save our souls. That is the greatest trouble we have. Gen- 
tlemen who keep mean liquor of any kind, it acts on the trees so as to 
kill them at once. 

By the Chairman : 
Q. Are these all linden-trees on Massachusetts avenue? — A. AH 
American linden. 

^,Q. Is that what the common people call the linn-tree f — A. The linn- 
tree — the basswood. 

By Mr. Wilson : 

Q. That avenue has been selected as being the place to put these lin- 
den-trees on f — A. Yes, sir. 

Q. Are those regarded as the most expensive tree ? — A. They are a 
very expensive tree ; slow to get up to a proper height. 

Q. Do you think yon can plant them at $0 apiece? — A. Yes, sir. 

Q. AVhj- can you not plant the cheaper trees at a good deal less 
price ? — A. We were to give a recommendation that woukl be general. 

Q. If you were to i^lant in front of. my property a tree that is worth 
a quarter of a dollar, and iu front of Senator Thnrman's property a tree 
worth a dollar and a quarter, it would not be fair to charge me the same 
price y«)u did him, would it ? — A. Well, you see, you only pay for one- 
sixth, as 1 understand 

Q. It does not make any difference whether I pay for one-sixth or pay 
for the whole, in tlie view I take of it. — A. When that is divided it 
comes to be a small matter. 

Q. But yon know these drops make up an ocean ? — A. That is true, 
and the object I had in view was to get these trees carefully attended 
to and well planted. 

Q. You wanted to get everything magnificently fixed up here ! — A. 
Yes, sir ; that Avas my object. 

By Mr. TiiuiiMAN : 
Q. Where do they get these linden-trees ? — A. They come from West- 
ern New York. 

By Mr. Mattingly : 
Q. How much more do they cost apiece than other trees ? — xV. About 
twenty or twenty-five cents. 

By Mr. Thurmax : 
Q. At what age are they set out '? — A. I would prefer, for instance, 
that we should have them in the nursery for a year. They are set out — 
about five or six years. 

By the Chairman : 
Q. Uow are they doing on Massachusetts avenue ? — A. The last time 
that I looked at them — I have not been there for two weeks — they had 
not begun to bud and I could not tell, but they seem to be doing- very 
well. 

By Mr. Wilson : 
Q. There are about three-fourths of them that have not been planted 
on Massachusetts avenue yet ? — A. We are itlantiug to-day. The holes 
are prepared, and we have the trees in hand. 



1460 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

Q. That is very poor consolation to a property-holder. — A. That 
preparations are being made for decorating his home ? 

Mr. Wilson. Bnt after he has paid for it he thinks he ought to 
have the tree. — A. The trees are to be paid for before we get them 
here. 

By Mr. Tiiurman : 

Q. What kind of soil is there on Massachusetts avenue '? — A. Mixed — 
clay and gravel. 

Q. That tree grows in great abundance in my State, but it only grows 
on rich land. — A. And on limestone; we are taking care to provide it 
with limestone. 

Q. What kind of earth do you fill up these excavations with ? — A. 
We get top-soil as good as we can possibly get. It is hard to obtain j 
sometimes we have to haul it two miles. We get little pieces of it here 
and there and have it stored in some places. For instance, our chief 
store is about a mile from here. W^e have a lot out there. All around 
here you have to haul the soil either from Lincoln Square or over near 
the monument. That is what makes the thing expensive. 

By Mr. Wilson : 

Q. The growing of that tree here is really an experinieat ? — A. It is 
no longer an experiment. 

Q. I do not mean down in your garden ; but it is as a shade-tree 
along the sidewalks ? — A. You can see about it if you come down there; 
there are living specimens that will tell their own story. 

Q. How long have they been growing there"? — A. They are ten years 
old. 

Q. How large are they ? — A. They are 25 feet high, and in two exact 
columns, planted for the purpose of education on that subject. 

By Mr. Mf-rrick : 

Q. How old are they 1 — A. I think they have been planted about ten 
years. 

Mr. W^ILSON. I would like a statement from the board of public works 
as to the cost of these trees. I was looking through the Answer of 
the Governor, and 1 could not find anything as to the cost of them. It 
enters into the general cost of the construction of improvements by the 
board, and we will have to have them before we get through. 

Governor Shepherd. I will have them made up. 

Mr. Stanton. I have here a report dated May 17, 1873, made by 
the parking commission, in which they state that they have calculated 
the cost of each tree and find it will be $0, coinciding with Mr. Smith's 
testimony. It reads as follo%\s : 

Office PakkinCx Commission, City Hall, 

TVashin(jton, D. C, May 17, 1873. 
Dear Sir : The parking commission respectfully state that they have carefully cal- 
culated the cost of each tree planted by the board of public works in the streets of this 
city, and find that it amounts to the sum of .f6. 

ITEMS OF EXPENDITURE. 

1. Cost of tree. 

2. Transportation of tree. 

3. Collecting and preparing compost. 

4. Digging hole, and removal of three loads of soil. 
^. Hauling three loads compost to each hole. 

6. Planting tree. 



TESTIMONY OF WILLIAM R. SMITH. 14G1 

7. Cost of liox for tree. 

8. Placiiiji l)ox. 

;t. Wliitewasbing box. 
Very respectfully, 

WILLIAM SAUNDERS, 
Secretary Parking Commission. 
Hon. A. R. SiiKi'iiKiM), 

Vice- President Board of Public il'orks. 

IJOAUD OF Pl'HLlC WORKS, DISTRICT OF COLUMBIA, 

Washington, May 20, 1873. 
Respectfully referred to the auditor. 
By order of the board. 

CHAS. S. JOHNSON, 

Assistant Secretary. 

I have also a report of May 10, 1872, relative to the cost of sod and 
soil, upon which the price was fixed at the rate of fifty cents, as follows : 

To the Board of Public Works ; 

With reference to the subject-matter of Mr. Murdock's letter, which is herewith 
attached, it will be recollected that, in givnng an opinion relative to the cost of sod- 
ding, it was expressly stated that sod could be furnished and laid for 25 cents per 
square yard. This had nothing whatever to do with furnishiug soil or grading, ex- 
cept so far as merely making a smooth surface for the sod. 

It is difficult to present a scale of prices for such work. In filling up low places it is 
frequently just as easy to use good soil as to use bad soil, but where the entire depth 
of 8 inches of good soil has to be provided, then it might be considered an equivalent 
to add 25 cents per square yard, in addition to the price of furnishing and laying sod. 
The superintendents might exercise due discrimination in this matter. 

WTLLIAM SAUNDERS, 
Secretary Parking Commission. 

Board of Public W^orks, District of Columbia, 

Washington, May 10, 1872. 
Respectfully referred to the auditor, who will please investigate the within-men- 
tioned matter and report a fair price, to be established by the board. 
By order of the board : 

CHAS. S. JOHNSON, 

Assistant Secretary. 

Respectfully returned with report that no arbitrary price can be fixed for sodding 
that would be fair in all cases. Both soil and sods will have to be hauled on some 
jobs a much greater distance than on otheis ; in some instances both soil and sods will 
be obtained by the contractor for nothing, wliile in others they will have to be paid 
for. 

Should it be determined to fix an arbitrary price I would report that fifty cents per 
square yard is a fair price for furnishing soil and sods and laying the same accord- 
ing to the specifications of the board. 

BENJAMIN N. MEEDS, 
Auditor Board of Public Works. 

:SIay 15, 1872. 

I fully concur in the abovx statement, and add that in my opinion three inches of 
good soil is quite cuough under sodding. 

R. C. PHILLIPS, 

Chief Jinqineer. 
May 15, 1872. 

May 17, 1872. 
Respectfully n-turned to Benjamin N. Meeds, esq., auditor, approved. Fifty cents 
per scpiarc yard will be allowed for the within-mentioned work. 
By order of the board : 

CHAS. S. JOHNSON. 

Assistant Secretary. 

Wasiiixctox, D. C, May 4, 1872. 
Sir: I have bcfin-e me a circular of the Itoard of ])ublic works, bearing date .\pril 
24, relative to parking, wiiich calls for 8 inches of soil and 2 inches of sod. 



1462 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The contract price fixed by the board is 25 cents per square yard for parking, and I 
would ask your attention to the fact that it is utterly impossible to put any soil under 
the sod for that price, and respectfully ask that you will call the attention of the board 
to the matter, and have them fix a price for soil so that contractors on such work may 
know what to do. 

If yon will be kind to communicate th(^ decision to me, I feel very much obliged to you. 
Respectfully, 

W. C. MURDOCK, 
Superintendent Neiv York Avrvue. 
P. S. — After a careful examination of the figures, I should saj' that ri inches of good 
soil would be worth 50 cents per square yard. 
W. R. S>riTii, Esq., 

Chairman of Farlutg Commission, Board of PuhHc H'orks, 

I also ofler a communication addressed to the parking commission on 
September 22, 1873, by the board of public works, informing the j^ark- 
ing commission that in future no payment for parking will be made 
unless vouchers are accompanied by a certificate from the parking com- 
mission that the work was done in accordance with the specifications, 
and the same in regard to parking fences. 

They are as follows : 

Board of Public Works, District of Coiambia, 

WasMngton, September 22, 1873. 
Sir: lam directed by the board to notify you that all accounts for parking and 
parking-fence must bear your approval before any settlement will be made. 

The only exception to this order will be the fence constructed on New York and 
Pennsylvania avenues. 
Very respectfully, 

CHARLES S. JOHNSON, 

Secretary. 
W. R. Smith, Esq., 

Chaii~man Parldng Commission. 

Board of Public Works, District of Columbia. 

JVasJiington, September 22, 1873. 
Sir : I am directed by the board to inform you that, in future, no payment for park - 
ing will be made unless the vouchers are accompanied by a certificate from the parking 
commission that the work was done iu accordance with the specifications. 
Very respectfully, 

CHARLES S. JOHNSON, 

Secretary. 
W. R. Smith, Esq., 

Chairman Parking Commission. 

The committee here adjourned to 10 o'clock a. in. to-morrow. 



May 1, 1874—11.35 a. m. 
A. B. KiRTLAND sworn and examined. 

By the Chairman : 
Question. Your name, sir, has been familiar to the committee for some 
days in connection with what is known as the l)e Golyer & McClellan 
contract with the board of public works of this District. I wish you 
would state to the committee all that you know in regard to that sub- 
ject. Tell all the facts.— Answer. Well, Mr. Chairman, I came here 
without counsel at all ; I put myself right in your hands. I suppose 
you are as much my counsel as anybody. I have no statement to make, 
and no grievances to make; nothing to complain of. I shall be frank 
and brief. I hope that vou will get all there is about the 172,000 out 



TESTIMONY OF A. B. KIRTLAXD. 1465 

of me ill a few niinntes — that is, all 1 know about it. I have no state- 
ment to make AAiiatever. 1 have not jjrepared any statement. If you 
will tell me Just what you want. I will try and be brief and answer you 
frankly. 

Q. Were you in the city of Washington in the winter of 1871-72 .' — 
A. Yes, sir; I think I canu^ here in December, 1871. 

(}. When did you tirst become acquainted with ^Ir. (ieorge 11. Chit- 
tenden :' — A. I became acquainted with him at the Arlington Hotel; 
but what the time was I do not know. I met him at the table. 

C^). What arrangement did you enter into with him, having reference 
to the procuring of contracts from the board of public works? — A. He 
told me that he had a margin of 50 cents from his principals to give to 
any person who would be intluential in getting them a contract, and 
I went to work on it on that basis. 

Q. On the basis of 50 cents ? — A. He said that was what the margin 
was. 

Q. Were you to receive 50 cents per square yard ? — A. He was to 
pay 50 cents. I got at the rate of about 30 — at 30, I think. I asketl 
him no questions as to what he did with the balance. 

Q. Why did you make that arrangement with Mr. Chittenden ; had 
you any means of procuring contracts I — A. Only to work at them. 

(). How, sir ! — A. Only to work at them. 

(^>. How did you work f — A. Well, I do not think that has anything 
to do with the matter that you have before you. I worked in a good 
many different ways. 

Mr. Stewart. That is the very thing we want to know — how you did 
it ; how you worked, and who you worked with. 

By the Chairman : 

Q. We want to know what you did. — A. Well, I didn't work with any 
member of the board, nor anybody connected with it. 

Q. With whom did you work ? — A. I do not know as I worked with 
anybody. 

Q. You never spoke to anybody on the subject '? — A. ^^'hy, yes ; I 
have spoken to several on the subject. 

Q. Well, to whom ? — A. Well, to thousands, perhaps. 

Q. Did you ever speak to Governor Shepherd ? — A. Never, in relation 
to a contract. 

Q. Nor to Governor Cooke '? — A. Never. 

Q. Nor to any member of the board ? — A. Nor any member of the 
board. 

Q. Did you ever ai)pear befo ^ e board f — A. No. 

(^. Did you have any confei* n e or interview with any gentlemen 
that you expected would appear oefore the board with reference to it? — 
A. Never. 

Q. Did you have any interview with any one that you exi)ected would 
speak to any member of the board upon this subject ? — A. Yes : I think 
I did. 

(), Wlio ?— A. William A. Mo(ne. 

(}. Who is he? — A. William A. Moore testified here before you, I be- 
lieve ; I luesiime he is a j)artiier now of Mr. Shepherd ; at that time he 
was not. 

(^>. You spoke to him '. — A. Yes, sir. 

(^). When did you speak to hini ? — A. I spoke to him about the time 
that 1 commeiiceil work upon this contract. 



1464 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did you speak to him before you had concluded your arrange- 
ment with Chittenden ? — A. No, sir. 

Q. You had made your bargain with Chittenden first ? — A. Yes, sir. 

Q. Then you spoke to Mr. Moore ? — A. Yes, sir. 

Q. What did you expect him to do "? — A. Well, 1 did not expect him 
to do much, except to ask Mr. vShepherd how that contract — what the 
board had done from time to time, and to keep me posted. 

Q. To keep you advised ? — A. Yes, sir ; so that I could report to Mr. 
Chittenden. 

Q. He promised to do that ? — A. I don't know as he i^romised to. 
He said he would do all that he could through the clerks, perhaps, in 
the office — the secretary. 

Q. He promised to help you in that way, did he ? — A. No, he didn't 
promise anything of the kind. He said, as a friend, he would do what 
he could. 

Q. Did he ? — A. I don't know. T have no knowledge of it. 

Q. Did you ever speak to him afterward. Is that the only interview 
you had with him ? — A. O, I was in there several times. He was an 
old acfpiaintance and a particular friend. 

Q. You spoke to him, though, again about it, did you not? You had 
more than one interview with him on this subject before the contract 
was let ? — A. I think I did. Yes, sir ; before the award was made. 

Q. Did he not report to you from time to time? — A. Never until I 
went for him. 

Q. How, sir ! — A. He did not report to me, except that I went to the 
store. 

Q. Of course I understand that ; you went to the store to find out 
how matters were getting on, and he would tell you I — A. He would 
tell me if he knew anything; it was very seldom that he knew any- 
thing. 

Q. Then you would report to Chittenden ? — A. Yes, sir. 

Q. What would you tell him ! — A. I would tell him that things were 
progressing as fast as they could. 

Q. Mr. Chittenden makes the same statement: he says that is what 
you reported to him. Did you have any conversation with anybody 
else except Mr. Moore? — A. Not in regard to this contract. 

Q. Nobody else f — A. No, sir. 

Q. At no time before the award ? — A. At no time ; nobody connected 
with the board or in Washiugtou. 

Q. I am not speaking of that ; I am speaking of any gentleman who 
helped you in any way, whether in Washington or out of it — A. No, 
sir ; nobody helped me at all. I do not know that Colonel Moore did. 

Q. You had no other one that you spoke to on the subject? — A. No, 
sir; I have spoken to thousands, and written to them — my friends. 

Q. I do not mean in that sense; I mean in the sense that you expected 
either to acquire information from them, or influence with the board. — 
A. I have inquired of clerks up in the oflice there whether the award 
had been made, from time to time. 

Q. You went into the office of the board of public works occasion- 
ally? — A. I went in there once or twice, to the contract office, to see if 
that contract had been on file, oi something of that kind. 

Q. But you spoke to nobody excei)t Colonel Moore on the subject, 
with a view to secure influence with the board? — A. Well, I did not 
suppose he had any influence; in a friendly way he would ask Mr. Shep- 
herd, I suppose, what prospects there were, or something of that kind. 



TESTIMONY OF A. B. KIRTLAND. 



146^ 



Q. But be is the only person that you expected to acquire information 
from upon the subject l — A. He is tlie only person. 

Q. Did you know theKev. William Colvin Brown ? — A. Yes, sir. 

Q. Did you ever speak to him on the subject? — A. We have had con- 
versations in regard to it. 

Q. General conversations ? — A. Yes, sir. I did not know that he was 
interested in it at all. 

Q. Y"ou did not 1' — A. Xo, sir; had no idea of it; I knew he was in- 
timate with Chittenden ; I met him in tlie room. 

Q. He had no part of your thirty-six cents a yard ? — A. No, sir. 

Q. And you were not relying^ upon him at all to do any service ? — A. 
No, sir ; I do not think I would rely upon Brown for anything-. 

Q. Did you not have some other party that you relied upon in some 
way to help you with the board in securing this contract? — A. I never 
spoke to a party except those that 1 have mentioned, sir. 

Q. I did not ask you whether you ever spoke to anybody ; but did you 
not rely on somebody outside of Colonel Moore to influence the board 
of public works ? — A. Well, I do not exactly comprehend the question, 
sir. 

Q. You say to the committee that Colonel Moore was, in a friendly 
way, to help you, and that you never spoke to any member of the board 
of i)ublic works. Now, how did you expect to succeed, unless through 
somebody that could help you with the board ; and if there was any 
such person that you spoke to or did not speak to, who was that per- 
son f — A. I do not know what influence anybody arouiul town would 
have with the board to secure this contract. 1 presume there are a 
dozen. Mr. Chittenden told me of nobody that had any interest in the 
contract; he did not tell me about Brown. 

Q. I am not asking you about Mr. Chittenden. You undertook, with 
Mr. Chittenden, to secure this contract? — A. Yes, sir. 

Q. For a consideration. Now you state to us that you never spoke 
t3 a member of the board ? — A. Yes, sir. 

Q. And that you only relied u])on Colonel Moore in a friendly way to 
help you. How did you expect to succeed? — A. I expected the pave- 
ment was good, in the first instance, and I pi-esumed the contract would 
be awarded. 

Q. You expected, then, to succeed, not upon anything you would do or 
have done? — A. Tlie ai)])ropriation was nuide. TLie> wanted tlie con" 
tract, and I did not sujjpose the contractors would have come here if an 
appropriation had not been made. The api)ropriation was made and 
they had the contract. 

(^>. Then you ex|)ected, in other words, to do no serxice whatever 
for the amount of money you were to receive. Is that what you mean? — 
A. The person that employed me was satislicd, and I was satisflcd. 

Q. Is t'uit what you mean to have us understand, that you exi>ected 
to do no service — to i)erform no service for tiiat? — A. My principal was 
satisticd and I was satisfied. 

(}. That is no answer to the (juestion. I want it answered, — A. What 
do you want answered ? 

Q. You ex]tt'ct<'il To recei\e 30 cents per square yard ami lender no 
service in n'tuni ? Is that what you want us to iinderstand ?— A. 1 
think 1 rendered some service. 

Q. Wlat '. — A. I was here about five months. 

(i. What did you do ? Tliatisjust what we wan'cd toliiidout. — V. It 
would take a long time to tell what 1 did. 

(,>. We have plenty of time to hear all that you did in relation to this 



1466 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

contract. — A. Well, you will have to ask me questions ; I cannot tell 
you. If you will tell me what you want to prove — I do not know wbat 
the case is, and I have paid no attention to it. 1 do not know what 
the charges are against the board of public works. 

Mr. Thurman. You need not trouble yourself with what the charges 
are against the board of public works. 

By the Chairman : 

Q. Did you do anything whatever for this $72,000 which you received 
in notes 1 — A. I consider that I did. 

Q. What did you do 1 Just give us one single item of work that you 
did. — A. I reported day by day to Cliittenden. 

Q. Eeported what ? — A. That the thing was progressing, aud that 
tlieie was a very fair chance that we should get the contract. 

Q. How did you know that? — A. From the fact that the pavement 
was good, and he stood as good a chance as anybody. 

Q. iSTot from anything anybody told you I — A. Xot from anything 
anybody told me. 

Q. Now, do you think that was an important performance on your 
part to report to Chittenden every day that he had a good pavement, 
aud that you thought he stood as good a chance as anybody ? Do you 
consider that as important work I — A. I do not know ; I think it was 
pretty important — yes. I have nothing in the world to conceal here, 
Mr. Chairman, at all, and I am willing to answer all questions frankly, 
touching the board of public works. They have never received a dollar 
of that money ; no member, and nobody connected therewith ; and in- 
jured more than it has benefited me. 

By Mr. Hamilton : 

Q. You seem to have been disposed to evade giving evidence here. 
Have you not kept out of the way of the board, and out of a sub- 
poena ? — A. 1 came here two weeks ago. 

Q. Answer that question first. Have you not kept out of the way 
purposely and designedly to avoid giving evidence in this case "i Say 
yes or no. — A. Well, I will say 

Q. Yes or nay ; now, let us have an answer to that question, one 
way or the other. Have you or not kept out of the way of the pro- 
cess of the committee — avoided being a witness here purposely and 
designedly? — A. No, sir. 

Q. You say not ? — A. No, sir. 

By the Chairman : 

Q. Colonel Kirtland, you tell the committee now that you have nothing 
to conceal. That being so, I want you without any reservation to tell 
us what you did — what negotiations you made — what transactions you 
had with people, or with any i^erson whatever relating to this contract. — 
A. Well, I told you I had no statement to make, Mr. Chairman. What 
is it you want me to answer ? 

Mr. Thurman. The truth. 

The Witness. Well, you are obliged to believe that, ain't you ? I am 
nnder oath. 

Q. Well, then give it. He asks you what you did to earn that 
money ? Now, you know what you did. — A. I have told you what I did. 

Q. Have you told us all you did ? — A. Yes, sir. 

Q. Do you pretend that $72,000 was given to you to go about the 
streets here, and then report to Chittenden every day that things were 



TESTIMONY OF A. B. KIRTLAND. 1467 

progressino- '? Do von expect us to believe that, sir ? — A. I told you 
you would liave to i)elieve uie uuder oath. Doift you believe me '. 

Q. Not if" you sto)) there, I dou't ; I tell you that, IVaiikly. — A. Welly 
you are obliged to believe lue. 

By ]\[r. Thurman : 

Q. Nobody else would, either. You know what you did with it. ])id 
you promise any of that money to anybody ? — A. I did after I got it. 

A. To wliom did you promise it? — A. Well, I promised a portion of 
it to William (1. Moore. 

Q. Why didn't you tell us that before ? You were asked what you 
did; you were asked whether you solicited influence. Why didn't you 
tell that before ? — A. Why, you had not got to the award yet. 

Q. Never mind abont the award — you were asked what you did. Now,, 
why did you promise that to Mr. Moore! — A. Well, it Mas because it 
was a pretty good thing. Colonel Moore and myself were old chums. 

Q. How much did you promise to Mr. Moore? — A. Well, I said, in 
a laughing'way, '' l>illy, if I get the money on this contract, I will go halves 
with vou." 

Q. Is that all?— A. That is all. 

Q. Did yon ever give him any contract I 

The Witness. Contract? 

Mr. Thurman. Yes, sir. 

The Witness. To Moore ! 

Mr. Thurman. Yes, sir. 

The Witness. No, sir. 

Q. Did you ever give him any writing? — A. I do not remember any 
writing. 

Q. Never gave him any writing? — A. I do not remember any. 

Q. Did you ever give him any promise in writing? — A. No, sir; not 
any promise in writing or anything at all, excepting', but in a joking* 
way, says I, " Billy, if this turns out all right, I will go halves with you.'' 

Q. Were you in earnest when you said that ? — A. Well, I felt pretty- 
good. 

Q. Were you in earnest ? Y"ou can answer that question. Do you 
mean what you say ? — A. Well, I generally do. 

(}. That is not the answer. Did you mean what you said that you 
told him you would go halves with him ? Did you mean you would go 
halves with him? — A. Well, I meant I would go i)retty nearly halves, I 
guess. 

Q. And you meant that he should understand it so, did you? — A. 
Well, I do not know. He did not 

Q. I do not ask you what he understood; but you nieant that he 
should understand it so, did you not? — A. 1 felt very liberal then; I 
do not know whether 1 meant it or not. 

Q. When did you say that to liim ? — A. That was after I received 
the notes. 

(}. That was after the award was made, was it not ; — A. Well, yes, 
sir. 

Q. How ? — A. Yes, sir; he did not get anything before the award was 
made. 

(). Vou got no notes before the awaid was made? — A. No, sir. 

(^>. What did you mean by saying to him that if things went right you 
would give him half the notes'? — A. If I could sell them. I did not 
think tlie man ex[)ected to pay the notes. 



1 4t>S AiiAiKs IN nil: pisiKirr of coi.imiuv. 

l^V l>iil \ou over (Mlor him jiiHH'it'u-allv ouo ot' tho iu>tos ihomsolvos * — 
A. WoU. I think I did. 

<.»>. ^^■h^ dill vou <>lVi>r him tho notes '. — A. Well, boianso I did not 
think thi\v woio worth :i uivsit iloaL 

Q. That was tho roasou, was it ? — A. ^Voll, 1 do tuM know whothor 
tliat was tho reason ov not. bnt. savs 1. •• Hill.v. I will go halves with 
yon, and 1 will take nune out and sell them it" I ean uet anythinu." 

Q. Hid YOU I'onsider that he had done anythinu' that entitled him to 
that ? — A. No. not any more than I hail done. 

Q. That is no answer. l>id yon eonsider that he had done auythiuii- 
that entitled him to the halt ? — .V. No. sir. 

Q. You dill not? — A. No, sir. 

C^^. ^^ hy. then, ilid you pn^pose to liive "i^.Ui.lHH^ in notes to him it' he 
had done nothing' — -V. Well, an aet ot" eharity. perhaps. 

Q. That is your answer under oath, is ii'f — A. He said it would be a 
very eharitable thiui;". 

Q. Never mind. Is that your answer under t^atli. that it was an aet 
of eharity to otVer him those #o(i.iHKi:' Do you mean to sa\ on your oath 
that that wa^ii it? — A. I mean to s;iy that I did not i^ive him any money 
lor any eonsidenuiou or anythin*:" that he ever did. 

Q. You said that it was an aet ot" eharity ; do you mean that we 
i^hoidd believe that statment ? — A. He said. •• Colonel, you eannot do a 
nuMv eharitable aet." or somethiuii- ot" that kind, in a lauuhiuir w av. 

i^ And in a lansihinj;' way you proposed to c'lve him -;?;U»,000 ? — A. 
No. I did not say #o(5.000. 

i>). How mueh ? Yoti otVered lo cive him halt" the notes, did you 
not f — A. ^Vell. there weiv some proanses to pay : it w as a kind ot" an 
intkmon on a small seale. 

Q, You pivpv^^tHl to give him halt' ot" them without any eonsideration. 
*lid you. as an rtct of charity i — A, lie said it would be a very eUarita- 
Mo aet. 

Q. You answer ujy question diitH'tly. Do von say that it was an aet 
of eharity? — A. I did not know anythinii" about his eiivnmstanees : 
how ean I tell ? 

Q. l>ut you know what induv'od yon. 1 am talkiuii about yonr own 
nunives: you ouiiht to know them. — A. ^Vell. 1 shall not tell what iu- 
duiHHi u>e, 

l^). You shall not ?— A. YVhv should 1 ? 

Q. iMvause it is piv^Hn". I want to know why it is that you g-ave 
that man. or otVeit^i to uive him, that money for those notes? 

Mr. Svv.\v.vKi\ That is tho very essonee of the thing that we want to 
know. 

A. Well. I cannot jiive you any other answer than 1 have, 

Uy Mr. TiUR>iA> : 

Q. .lust \v{vat that answer. — A. That he was an old friend. 

Q. You g^we him, or otVeivd to give him. #;U?.iHH> in notes Kx'a use 
ho was an old friend; was that it ? — A. You eau eall if $oi».tHHX if you 
have a mind ti>, 

Q. That is what they [Miqvorted to be: we kaow- whether they wort? 
jiXHHior not : we have plenty of it»stimony on that subject. You ottered 
to give him the #;Ui,iKH> Invause he was an old friend, did vou? — A. 
Y»4. 

Q. Weiv you a vii»ry \vt»alihy man then '. — A. No. sir. 

Q. YYhieh do you s«VH^^<> ^^ »»* worth the un^t, he or yon, at that very 
time? — A. I told vou I did not knowanvthing alK»ut his ciivumstaiice^ 



TKS'riMONY OF A. I',. KIIiTLAND. 14C& 

Q. But you Just juoposffl, Ix^causc. }i«i was an old friend, to i^iv(t him 
•)!!.'j<;,000 '/ It was not cliaiity, tln-n, it was riicndsljip that induced you 
to do it'^ — A. He said it w(juld Ijc a very ('Ijaritable act. I was a very 
liberal man, I l<now that. 

(f. Now we will come l)ack a little, and we will come down to this 
tiling' aj^ain ; because, if you stay hen; until the end of the session, you 
Khali answer^— A. i am perfe<;tly willin;,^ and perfectly frank to answer 
any question. 

Q. Yes, we see how frank you arc Who first spoke to you on this 
subject, Chittenden to you, or you to (Jhittenden '. — A. Mr. Chittenden 
to ine. 

(},. How lon^' had you l)een here before (Jhittenden s[)oke to you? — A. 
1 do not know how long I had been here before. 

i^. Have you any i<lea ? — A. No, sir. 

(^. Chittenden, then, you say, first s[)oke to you on the subject. 
AVheie was that'^ — A. It was in his room. 1 saw a large en\'elope ad- 
dressed to lion. A. It. Shepherd. Jt was spelled with two p's. Hays 
1, "Mr. <:hittenden. In; don't spell his name with two p's." "Well," 
he said, "somebrjdy in Chicago did," or something of that kind, and 
tore it off and put on another eii\'elope, and spelled his name correctly'. 
That led to — he asked me then if 1 knew him. 1 told him no. He told 
me what he was after. 

Q. Co on and tell the whoh; con\ersation. — A. I believe that was all. 

i^. That was all that conversation 'i Did he i>ropose to you to assist 
him at that time i — A. No; I told him that I had heard a certain i>iitty 
here that had 

Q. You told him what? I did not hear you. — A. That there was a 
certain party here that would control a contract, and, if i>ossible, I 
would assist him. 

Q. Y'ou told him that there was a certain party who could control 
a contract? — A. Yes. 

Q. Did you mention the name of that l>arty ? — A. I did. 

Q. Who was it?— A. Mr. Page. 

Q. That you could probably assist him with Mr. Page ? — A. I told 
him that 1 would biing him in connection with Mr. Page, and if he 
could do anything 1 should, as a friend, say all that I could for him. 

Q. Was that at this first conversation? — A. I do not remember 
"whether it was the first or not, or the second. I \vas in his room fre- 
quently. 

Q. ]>;d you bring him into connection with Mr. Page? — A. I did. 

Q. J>id he make a bargain with Mr. I'age? — A. I think he did. 

Q. To pay Mr. I'age so much ? — A. Yes, I thiidc so. 

Q. Was it Page, or Page & Dent?— A. Mr. Page. 

Q. Then that bargain with Page was independent entirely of his 
bargain with ycm ? — A. I had no bargain with him at all at that time. 

Q. When did you make a baigain with him .' — A. Subsequently'. 

Q. How long after ? — A. 1 <lo not rememlier, sir. 

(^. Aiiout when? — A. 1 do not remember that. 

Q. Can you not recollect the month ? — A. 1 cannot. 

Q. Was it winter, spring, or summer? — A. I thiidc it was in the 
spring. J think Mr. Chittenden's testimony — he is a man of figures and 
I am not — I think his testimony is all right on that. I do not remember 
what month it was. 

Q. ^'oii do not remember that? — A. Xo, sir. 

Q. What was your bargain with him ? — A. Fifty cents a square yard. 



1470 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. How ? — A. It was 50 cents a square yard, and certain expenses to 
be deducted from that. 

Q. You were to have fifty cents a square yard ? — A. Less some ex- 
penses ; yes, sir. 

Q. In case the contract was awarded 1 — A. He had 50 cents margin, 
he told me, and I should have that, less some expenses. 

Q. What were those expenses ? — A. He didn't tell me what they 
were. He didn't ask me what I did with the balance, and I didn't ask 
him what the expenses werp. 

Q. You did not? — A. No, sir. 

Q. You did not know, then, what those expenses would be? — A. No, 
sir. 

Q. How did you know, then, that it was to be 36 cents that you were 
to get ? — A. I didn't know that. 

Q. He was to give you 50 cents a square yard, less certain expenses, 
upon the awarding of a contract? What were you to do for that large 
consideration ? — A. He was to get the award. 

Q. Who was to get the award? — A. He Golyer & McClellan. 

Q. What were you to do '? — A. That was not stated in the contract. 

Q. How ? — A. There was nothing said about that. 

Q. Nothing said about what you were to do"? — A. No, sir. 

Q,. Did he promise you that without any understanding of what you 
were to do ? — A. Yes, sir. 

Q. None at all"?— A. None at all. 

Q. Did you tell him of anybody that you had influence with? — 
A. No, sir. 

Q. Not at all? — A. I didn't suppose that I had any influence with 
anybody. 

Q. You held out no idea to him that you had any inlluence'? — A. No, 
sir. He had seen me in communication with certain parties, and he 
thought, as they say in the West, he " tuuibled to it." He thought I 
had influence. 

Q. Who did he think you had influence with ? — A. I don't know. 

Q. How did you know that he thought you had influence? — A. I pre- 
sumed he did in making that arrangement with me. 

Q. Is it all presumption on your part ? — A. On his part. 

Q. On your part? You simply presumed that he thought you had 
influence ? — A. I presume he did. 

Q. Do you not know that he did ? 

Mr. Bass. The witness said he had seen him with certain parties. 

By Mr. Thurman : 

Q. Do not you know that he thought you had influence? — A. I don't 
know why he. should. This was merely a casual acquaintance that I 
made tliere. 

Q. And yon never gave him anj- reason to suppose that you had any 
influence with anybody? — A. No, sir. 

Q. Never at all °? — A. Never, except with Page. There was a little 
knot of lawyers there that Page represented that they could get a con- 
tract — that he could get a contract. There was a little nest of lawyers 
there ; I don't know who they were. 

Q. You don't know who they were at all? — A. No, sir; but I know 
there was nothing in it. 

Q. He had made that arra.ngement with Page; so that stands by 
itself? — A. Well, you asked me whom he had seen me with, and what 



TESTIMONY OF A. 15. KIRTLAND. 1471 

influence I had. I say that is the only one that he thought I had in- 
lluence with. 

Q. Page is the oidy person he ever thouglit you liad influence with ! 
— A. He being a partner of Dent's, he thought it was all right. 

Q. lie exi)ected Dent, then, to use his influence, did he ? — A. 1 do not 
know what he expected. 

<^>. Was that Judge Louis Dent? — A. Yes, sir. 

Q. ])id Page represent that he could influence Judge Louis Deut ? — 
A. Xo, sir. 

Q. Did he name any person whom he thought he could influence ? — 
A. No, sir. 

Q. He did not ?— A. Xo, sir. 

Q. You are quite sure that you never intimated that you knew any- 
body that had influence, and whom you could influence yourself? — A.. I 
am ({uite sure of that, sir, 

Q. Quite sure of that 1 — A. Yes, sir. 

Q. You then ask ns to believe that he promised you what turned out 
to be $72,000 for your assistance without knowing that there was a hu- 
man being on the face of this earth that you could influence ? — A. I 
think he did. 

Q. Will 5'ou please to explain why you think he made such a con- 
tract as that ? — A. AVell, I think the explanation has been given before. 

Q. Explain it again, then — how he came to make such a contract as 
that; to promise a man what was $72,000? — A. He thought I had in- 
fluence to get the contract. If the contract was awarded to him he was 
willing to pay for it. 

Q. He thought you had the influence ? — A. I presume he did. I pre- 
sume he would not have made the contract otherwise. 

Q. Without your ever giving him the slightest reason in the world 
that you had influeuce? — A. I never gave him the slightest reason 
in the world to believe I had influence. 

Q. Was there ever any writing between you and Chittenden ! — A. 
Xever, sir. 

Q. But he lived up to the contract, and when the contract was 
awarded he gave you the $72,000 in notes? — A. When the award was 
made. 

Q. He gave them to you? — A. Xo, sir; he sent them to me. 

Q. Well, that is the same thing. Now, in your reports to him from 
time to time, did you tell him that you had seen Mr. Moore ? — A. Some- 
times I did. 

Q. Did you tell him that ]\lr. Moore was the confidential clerk or 
book-keeeper in the house of Alexander R. Shepherd »& Brothers ? — A. 
Ko, sir. 

Q. You never did ? — A. I thiidc he knew the fact, that he was there. 

Q. Did you introduce him to Mr. Moore ? — A. No, sir; I do not re- 
member that I did. 

Q. ^^':ls he personally acquainted with Moore? — A. I think he was. 

(}. Vou think he was? — A, I am sure he was. Before he went away 
he calhMl upon him. 

Q. Do you know how he became accjuaiiited with Mr. Moore ? — A. No, 
sir; I <lo not. 

Q. You are quite sure you did not introduce him? — A. I do not re- 
member. I think not. 

Q. ])id vou tell him that Moore and you were old friends ? — A. Well, 
I d(» not remember. 



1472 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have you no recollection? Try aud recollect. — A. I Lave no 
recollection on that subject. 

Q. Did you tell him how long you had known Moore ! — A. I do not 
remember any conversation that I had with him in regard to Moore. 

Q. You do not remember any conversatiou at all in regard to 
Moore ? — A. No, sir. 

Q. Did you tell him at any time that you had offered Moore half 

to go halves with him f — A. No, sir; nor any other living man. 

Q. You never told anybody ? — A. No, sir. 

Q. Was Mr. Moore the only i^erson you ever promised to share with ?— 
A. If I promised him, he was the only person. 

Q. If you promised him — what do you mean by that ?— A. Well, it 
was in a jokiug way that I promised it. 

Q. But do you mean to say that it was all a joke? — A. Well, it was a 
joke, I guess; he has never got any of it. 

Q. That is not the question ; do you mean to say that it was all a 
joke ? — A. It turned out to be a pretty serious joke. 

Q. When you made that offer to share with him, do you mean to say 
that that was a joke ?— A. No, sir ; not altogether. I felt very liberal 
then, and I told him I would go halves with him. 

Q. Now, do you say that was a joke, or were you in earnest when you 
said you would go halves with him?— A. Well, I think I should have 
given him a portion of it if I had sold the notes. 

Q. You mean, then, that you were in earnest when you said that you 
would go halves with him ?— A. I do not know as I would have given 
him halves ; I would have given him something; I would go halves with 
him, as the term goes — divide. 

Q. As the term goes, does not going halves mean halves? — A. 
Well, division, you know, is long division sometimes. 

Q. And you never gave him any written promise or anything of the 
kind ?— A. No, sir ; not that I remember of— anything in writing what- 
ever. 

By Mr. Stewart : 

Q. Would you not remember it if you did ? — A. Yes, sir. 

Q. Would you not be certain to remember it if you did give him a 
written i)romise in regard to the transaction ? — A. Well, I do not know ; 
I think' I promised to give him a portion of the notes once, and he would 
not take them. 

Q. That is, you promised him some of the specific notes, to hand thtm 
over to him ? — A. Yes, sir ; I think I did. 

Q. And that he declined I — A. Yes. 

Q. What reason did he give for declining it? — A. Well, he said he 
did not want to take it ; he said if Mr. Shepherd knew it it would ruin 
him, and he would rather not take anything at all. 

Q. Well, after that, what took place ?— A. I believe I left for New 
York then, and tried to •sell the notes, and from there I went to Chicago. 

Q, Now, before you went to New York, did you not make another 
promise to him ? — A. 1 do not remember any other. 

Q. Did you not give him ,\onr written promise to put half the pro- 
ceeds for those notes to his credit ? — A. Not in writing, sir. 

Q. Not in writing ? — A. Not that 1 remember of; I am pretty sure I 
did not. I got his signature and says I, " Billy, whatever I get for the 
notes I will deposit them in New Y^ork and you can draw for it." 

Q. Do you say you got his signature? — A. Yes, sir; simply to give it 
to some bank wherever I deposited the money. 



TESTIMONY OF A. B. KIlil'LAXD. 1473 

Q, So tbnt lie could draw ? — A. Yes, sir; that was all the writing that 
I remember of. 

Q. He could uot draw for it unless you put it to his credit ? — A. Of 
course not; I should uot have got his signature; that was to establish 
his right to it. 

Q. That they might show that the draft that was drawn was a genuine 
draft? — A. Yes, sir ; I think that was all the writing that there was 
between ^NFoore and myself 

Q. ])id you discount any of the notes in New York 1 — A. No, sir. 

Q. Did you get any of those notes discounted? — A. No, sir. 

Q. None at all. Did you get any of them dis^ounted here in Wash- 
ington .' — A. There was one of them paid here in Washington. 

Q. How much was that ? — A. Twentv-five hundred dollars. 

Q. Was that all ?— A. Yes, sir. 

Q. Was there no other one of them but that 82,500 note paid here ? — 
A, That was the only one. 

Q. Did you oHer any part of that money to Mr. Moore 1 — A. No, sir. 

By the Chairman : 
Q. Who received that $2,500 ? — A. Well, sir, that was received by 
the Arlington Hotel. I left it there to pay my board, and they col- 
lected it. 

By Mr. Tiiur3IAN : 

Q. You went to New York. Did you get any of the notes discounted 
there ? — A. No, sir. 

Q. You went to Chicago then ". — A. Yes, sir. 

Q. Did you get them discounted there ? — A. I sold them. 

Q. Well, there is not much difference between selling and discount- 
ing ? — A. Yes, there is a slight difference. 

Q. In the amount of the shave. That is all, is it not? Did you put 
any of the proceeds of the sale of those notes to the credit of Mr. 
Moore ? — A. No, sir. 

Q. J)id you send him any of the proceeds '? — xV. No, sir. 

Q. Why didn't you doit'?— A. Well, I did not do it. 

Q. Why didn't you do it f — A. I didn't feel obliged to do it. 

Q. You had promised to do it? — A. O, no; I hadn't promised to do it. 
That was in the event of a sale of the whole of them. I sold a portion 
of them first. 

Q. What became of those you did not sell ? — A. I kept them in my 
pocket. 

Q. Where are they ? — A. They are in Chicago. 

Q. Didn't you dispose of all those notes ? — A. Yes, sir. 

Q. Well, you disposed of all of them, then ? — A. Yes, sir. You are 
talking about my first visit to Chicago. 

Q. When did you dispose of them all ?— A. I made two visits to Chi- 
cago and clisj)osed of them all. 

(}. Then, did you put any money or any property of any kiml to 'Sir. 
]Moore's credit t — A. No, sir. 

Q. \Vhy did you not keep your promise ?— A. 1 did uot consider that 
I had any of Moore's money in my possession. 

(^ You didn't ?— A. No, sir. 

il If you had given him a written contract or memorandum, bv which 
you promised to put half the proceeds to his credit, or any poirion of 
them, would you not consider that you were bound .'—A. Idid not say 
when 1 would i)ay it to his credit. 
03 D c T 



1474 AFFAIES IN THE DISTRICT OF COLUMBIA. 

Q. If you bad doue so, would you not ? — A. I consider that I keep 
my promises ; I endeavor to. 

Q. And therefore if you had recollected that you had given him such 
a promise A. I do not remenber of giving any promise. 

Q, But if you had doue it you would have put this to his credit? — A. 
If I had sold the notes in New York I should. 

Q. Then do you suppose that your promise was dependent upon your 
sellhig the notes in New York ! — A. Why, of course. 

Q. If you sold them anywhere else you were relieved ? — A. Well, if 
I gave them away 

Q. That is not it ; you did not give them away. — A. Well, I do not 
know whether I did or not. 

Q. Was that the understanding in your agreement with him ? — A. If 
there were no j)roceeds from the notes what would there be to put to 
his credit ? 

Q. How many of them did you sell when you went out first ? — A. 
Well, I sold two of the notes, I think. 

Q. How much did they amount to? What were their denomina- 
tions"? — A. $14,500, I think, or $15,000; I am not sure which — $15,000. 

Q. The two or the one ? — A. The two ;• they amounted to $15,000. 

Q. To whom did you sell them ? — A. To Mr. Ira Holmes. 

Q. AVhat did he give you for them ? — A. I do not remember, sir. 

(j). Do you not remember anything that you got for them ? — A. I got 
less than the face of them. 

Q. You got money for them, did you not? — A. Yes, sir. 

Q. Did you get tbe money less the ordinary discount, or what dis- 
count ? — A. I do not remember. I could not state i^ositively what I 
got for them. 

Q. Did you get as much as $12,000 for them ? — A. I think I got be- 
tween that and $15,000. 

Q. When did you sell the others ? — A. I think I sold them the next 
visit I paid to Chicago. 

Q. How long was that after your first visit to Chicago ? — A. I do not 
remember; I got perfectly disgusted with them. I know that. 

Q. Was it before the notes were due, or after ? — A. After. 

Q. How long — about what time ? — A. I think it was in the fall. 

Q. Of what "year? — A. The year I received them. 

Q. That was last year, was it not ? — A. If I received them last year, 
it was. 

Q. Don't you know ?— A. No, sir ; I do not. 

Q. Y^ou do not know whether it was 1873 or not ? — A. No, sir. 

Q. Try and recollect. — A. I received those in July, 1872 or 1873. I 
do not know whicli. It was in the following October or November I 
sold them. 

Q. What did you get for the* residue of them ? — A. That I cannot 
tell you. 

Q. What sort of payment did you receive — money or property, or 
■^Ijat? — A. I received some money and some property. 

Q. How much money ? — A. That I do not know. 

Q, Have you any idea'? — A. I suppose three or four thousand dollars. 

Q. Ouly three or four thousand dollars in money? — A. O, within 
three or tbur thousand dollars. I do not remember exactly. 

Q. Give us within three or four thousand dollars of how much money 
you got. — A. I do not remember what I got in money. I got some 
lots, horses, wagons, &c. 

Q. Lots where ? — A. In Chicago. 



TESTIMONY OF A. B. KIRTLAND. 1475 

Q. From Ira Holmes? — A. Yes, sir. 

Q. Did you soil all of tbeiu to Ira Holmes! — A. All. 

Q. Was the proi)erty conveyed to you? — A. No, sir. 

Q. To wlioui was it conveyed ? — A. To my wife. 

Q. How nmny lots ? — A. That I do not know. There was 300 feet; 
I think there was 300 feet. 

Q. Three hundred feet front? — A. Yes, sir. 

Q. On what street ? — A. Wabash avenue. 

Q. How nuiny horses did you get? — A. I got two. 

Q. What else ? — A. O, I got a wagou and turnout. What has that 
to do with the investigation ? 

Q. Never you mind, sir; we are to judge of that, not you. What did 
you do with these lots ? — What did 1 do with them ? I tried to keep 
them. 

Q. Are they still held in the name of your wife? — A. I do not know, 
really, whether they are or not. 

Q. You do not ? — A. No, sir. 

Q. Have you sold any of them ? — A. No, sir; that is, there is a trade 
in — it is open now. I do not know whether it has been closed or not. 

Q. Have you ever made any deed for that to anybody ? — A. Yes, sir. 

Q. To whom ? — A. They are deeded to Mr. Johnson. 

Q. The whole 300 feet?— A. Yes, sir. 

Q. Who is Mr. Johnson 1 — A. He is a Chicago man. 

Q. Were they sold to Mr. Johnson ? — A. Well, that is a long story, 
which would take considerable time to tell. 

Q. Let's have it. — A. It was taken in consideration for a house here. 
He was to sell those and apply the proceeds on this house. 

Q. Mr. Johnson, of Chicago, was to sell those lots there, and apply 
the pro(!eeds of those lots to the purchase of a house here. — A. Yes, sir. 

Q. Did he sell the lots ? — A. He had a limit, and after the panic I 
would not allow him to sell them. 

Q. Then he has not sold them ? — A. Not that I know of. 

Q. Then, when you speak of the panic you speak of the panic of last 
year ? — A. Yes ; the September panic. 

Q. So that this was last year. You do not know, then, that Mr. 
Johnson has sold them at all ? — A. No, sir. 

Q. Were they conveyed, by deed absolute on its face, to Mr, Johnson ? 
— A. I do not think tlie deed is recorded, but I gave him power to sell. 
He had control of the lots. 

Q. AA'as it a deed in fee or was it a power of attorney ? — A. I think it 
was a deed in fee. 

Q. Did he give you any declaration of trust or letter or memoran- 
dum ? — A. No, sir; that Avasan arrangement between m^' wife and him- 
self. That 1 am not posted entirely about. 

Q. Did Mrs. Kirtland make an arrangement with Mr. Johnson? — A. 
Mrs. Kirtland went there with the owner of this house to Chicago, and 
he was very much pleased, and concluded to take them ; but, when the 
jmnic came on, he could not sell them for the amount he supposed, and 
I stopped the sale. 

Q. Went there with the owner of this Washington house? — A. Yes. 
^ Q. And that thing fell through, then? — A. I do not know whether it 
has fallen through or not. 

Q. Has this lot in Washington been conveyed to Mrs. Kirtland ? — A. 
Ye.s, sir. 

Q. It has ? — A. Yes, sir. 

Q. Does she hold a deed for it now ? — A. Yes, sir. 



1476 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Who is it that conveyed it to her ? — A. It is nobody connected with 
the board of public works. 

Q. Never mind ; who ^tas it ? — A. Mr. James Wiles, the owner of tlie 
house. 

Q. Was it an even swap ?— A. No, sir. 

Q. What was the price of the Chicago property? — A. It was not 
named. 

Q. That was not named ? — A. No, sir. 

Q. What was Mrs. Kirtland to give for the Washington property !— 
A. Twenty-nine thousand dollars. 

Q. Was she to give any money in addition to that Chicago property ? — 
A. No, sir. 

Q, Then it was an even trade,was it not? — A. No, sir. 

Q. Why not? — A. This house is heavily incumbered. 

Q. Did she take this honse subject to the incumbranced — A. I believe 
so. Yes, sir. 

Q. You do not know, then, whether Mr. Johnson, of Chicago, has con- 
veyed to Mr. Wiles or not ? — A. I know he has not conveyed to Wiles ; 
no. 

Q. But Wiles has conveyed to Mrs. Kirtland ?— A. Y^es, sir. 

Q. Who is in possession of this house here ? — A. It is rented to an 
agent of Mr. Holiday. 

"Q. For the.benefit'of Mrs. Kirtland?— A. Well, that is in abeyance; 
I do not know who gets the benefit of it yet ; nobody has collected any 
rent. 

Q. What is the amount of incumbrance on this property liere ? — 
A. Eeally, I do not know that. 

Q. Yon have no idea ? — A. I think it is something like $15,000. 

Q. Fifteen thousand dollars from $29,000 would leave $14,000 ; was 
that the value of the Chicago property ?— A. I do not know whether it 
was or not. He was to pay over any surplus that was received. 

Q. If $14,000 was the value of the Chicago property, and you had got 
$2,500 and $15,000 before, which you sold, of notes, that made $17,500 ; 
then, if the value of the Chicago property was $14,000, that would make 
$31,500 ?— A. I take the value from the Chicago man. They talk Chi- 
cago np pretty well when a stranger goes there. 

Q. That would make $31,500 ?— A. I do not suppose it would sell 
now for the mortgage upon it. 

By the Chairman : 

Q. You do not pretend to say that $17,000 is all the money you got 
from those notes ? — A. I do not really remember what amount I did get 
from the notes. I got more than $17,000. 

Q. Do you not know that you got $27,500 in money from Ira Holmes 
upon the notes ? — A. No, sir ; I never got any such amount. 

Q. Did you not get $27,000 ?— A. No, sir. 

Mr. HuBBELL. In both transactions? 

The Chairman. Of course, in money. 

Q. (To the witness.) Did not Ira Holmes, in the second transaction, 
pay you $15,000 in money and that property for those notes? — A. No, 
sir. 

Q. And afterward you paid him back $5,000 for the carriage and 
horses ? — A. No, sir ; I never paid him back a cent. 

Q. Did you not allow him $5,000 for the carriage and horses in the 
txade? — A. I think they were put in for about that price. 

Q. Did you not get $10,000 additional? — A. I do not remember what 



TESTIMONY OF A. B. KIKTLAND. 1477 

i (lid. TUe notes were drawing- interest, and there was a great deal of 
accrued interest on the notes. 

Q. Did you go to Chicago and get 810,000 in money and not remem- 
ber it; do you want us to believe such stuttas that? — A. I am perfectly 
willing to tell you. Holmes told me, " Old boy, don't tell anybody how 
many of those notes 1 have got; it might ruin me." 

Q. Well, sir, we are examining you now under oath about that. — A. 
1 do not remember the exact amount. 

Q. Was it $!),000, if it was not 810,000 ?— A. It is a very singular 
thing that I don't remember it; but I should not like to state 

Q. Are you. in the habit of dealing in $10,000 transactions in checks 
and currency, so that you cannot remember when you received 810,000 
in money only last year ! — A. Well, it looks a little singular, but the 
notes were drawing interest, and there was a good deal of accrued in- 
terest on them at that time. 

Q. That is not what I am talking about. I am talking about the 
amount of money you received from Ira Holmes. — A. Well, sir, I can- 
not tell you the exact amount that I received ; it was between 88,000 
and 812,000. 

Q. You cannot tell within $1,000 the amount of money you received ; 
do you say that ? — A. Yes, sir. 

By Mr. Thurman : 

Q. When you say between $8,000 and $12,000, do you mean at the last 
or the first 1 — A. Yes, sir. 
The Chairman. He got, in fact, $27,000 out of this transaction ? 
The Witness. That is not so. 
Mr. Hamilton. That is what Holmes swears. 
The Witness. Well, sir; I am very sorry that he does. 

By Mr. Thurman : 

Q. Now, take a piece of paper and write down what you got for those 
notes? — A. If he includes the horses, perhaps it is very near that figure. 
K he includes the horses in the 827,000, I do not know but what that 
is it. 

Q. Just write down what you received for the whole of these $72,000 
of notes? — A. If I cannot state it to you, I do not know how I can 
write it. 

\ Q. Put it down as near as you can. — A. I have told you what I got 
for the notes. 

By Mr. Wilson : 

Q. I would like to put in a question right here. You made two visits 
to Chicago ? — A. Yes, sir ; I tnade several visits there. 

Q. But you made two visits with reference to this business? — A. I 
sold those notes at two different times. 

Q. Yer}^ well ; the first time you were there, how much money did 
you get ?— A. That I really do not know. 

Q. How nuiny notes did you sell ? — A. Two. 

Q. Whiit was the aggregate amount of the principal of the notes? — 
A. A 810,000 note, and a 85,000 note, drawing interest at per cent. 

Q. At what rate did you dis(;ount them ?— A. I sold them out and out. 

Q. \\'hat did you sell them for ? — A. I do not remember. 

Q. Well, sir, give us your best impression as to the amount timt you 
got for those notes I— A. I got in the vicinity of 812,000, 1 think. 

Q. Did you not get $12,500?— A. Ko, sir; I do not think I did. 



1478 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Then, if you do not think you got that amount, what amount do 
you think you received ?— A. I do not remember, sir ; I say I got in the 
Vicinity of' $12,000. 

Q. You say in the vicinity ; 1 want to know whether it was more or 
less than $12,000? — A. I cannot state whether it was more or less. 

Q. You cannot teir? — A. jS^o, sir; there is nothing in the world to 
conceal about that, but I do not remember. 

Q. Was it $12,000?— A. Well, that I do not remember. 

Q. How closely in the vicinity of $12,000 was it that you got'? — A. I 
think I drew on Mr. Holmes for the balance of the account. I do not 
know now what it was. I think he gave me $10,000, which was placed 
to my credit, and I drew on him for the balance. He gave me, or sent 
it to me by mail or telegraph, the balance of my account, and I drew 
for it. 

Q. Then you had a transaction after that with Mr. Holmes ? — A. Yes, 
sir. 

Q. How many notes did you negotiate at that time ? — A. I negotiated 
the balance of them. He had $69,500 5 ^-hat is all I had; that i-s, less 
$2,500 paid here. 

Q. What did you get at that time; how much money? — A. I do 
not remember. 

Q. State about how much you got. — A. I think, in round numbers, 
about $15,000. I don't know what the interest was, or anything 
about it. 

Q. In round numbers, $15,000? — A. No, sir. I take that back. I 
didn't remember the team of horses. 1 got about $9,000 or $11,000. It 
is near that — and a team of horses, a wagon, &c. 

Q. Estimated at $5,000?— A. Well, that is what he says. 

Q. What did you do with the team of horses? — A. I suppose I have 
got them yet. 

Q. Where are they ?— A. Up North. 

Q. Where? — A. I could not say where they are just now. 

Q. Well, you can come pretty near it, I guess ? — A. Well, I don't 
know as I could. 

Q. Well, I think you can come within a thousand miles. — A. They 
are in the State of New York. 

Q. Whereabouts in the State of New York?— A. Well, I don't think 
that a question that I should answer. 

Q. I think it is. — A. If you tell what you want to prove by it. 

Q. That is not my business, to tell you what I want to prove. I am 
trying to get the facts. — A. I am willing to state all the facts. 

Q. Very well ; give us that fact. — A. Well, I don't think I shall. 

Q. You decline to state that ? — A. Yes, sir. 
By Mr. Thurman : 

Q. Do you know where they are? — A. I told the gentleman just now 
that I didn't know where they were. 

Q. When did you see them last ? — A. I saw^ one of them about two 
mouths ago. 

Q. Where was he ? — A. He was then in New York State. 

Q. Whereabouts? — A. In Brooklyn. 

Q. Where was the other ? — A. I think he was in New York. 

Q. Whereabouts ? — A. I don't recollect. 

By Mr. Wilson : 
Q. You do not know where you saw him ? — A. I didn't see him. 
Q. Where did you see him last ? — A. I saw him in Brooklyn. 



TESTIMONY OF A. B. KIRTLAND. 1479 

Q. Sir ?— A. I do not want to state the focts about these horses ; 
what is the use of it 'i 

Q. Never mind that, sir; we have a use to put it to, perhaps ; we may 
liave grood use to put it to ; that is a matter for us to deteruiine. Where 
and when did you see that horse last ?— A. One of them I have not 
seen for some time. 

Q. That is not an answer to my question ; I asked you where and 
when ? — A. I do not remember where I saw him last. 

Q. You do not remember ? — A. No, sir. 

By Mr. TnuRMAN : 

Q. Have you ever sold either of them ? — A. Yes, sir. 

(). Did you sell them both ? — A. 1 do not know whether I have sold 
both, or either, or not. A man is trying each of them. 

Q. How ? — A. I say there are two men trying each of them ; I want 
to sell them. 

By Mr. Wilson : 

Q. Where do these men live ? — A. I do not know. 

Q. Where did you see these men last ? — A. I saw one of them up in 
Greenbush. 

Q. Was he trying the horse there ? — A. He wanted permission to 
try it. 

Q. Where does that man live ? — A. I do not know, sir. 

Q. What is his name f — A. That I do not know, sir. 

Q. Where did he take the horse to try it ? — A. I think he took him 
to Xyack on the Hudson Eiver, New York. 

By Mr. Thurman : 

Q. You delivered it to him ? — A. No, sir. 

Q. How did he get him f — A. He got him by my permission. 

Q. Without your knowing his name ! — A. I knew his name, but 1 can- 
not remember it now. 

Q. Was it sold to him f — A. No, sir. 

Q. How came he to get him, then ? — A. He told me he wanted to mate 
him with another horse, and he was going to try him. 

Q. Is he a trainer 1 — A. I presume he is. 1 do not know. 

Q. Did you employ him? — A. O, no; I thought you asked me 
whether he was a trader. I do not know whether he is a trainer or 
not. 

By Mr. Wilson : 

Q. How long since this thing occurred f — A. O, it is some months 
ago. 

(^. You have not seen the horse since ? — A. No, sir. 

Q. Have you heard from him since ? — A. No, sir. 

Q. You have not heard from that horse for several months ? — A. I 
have seen parties that saw him on the road. That is all 1 know about it. 

(^>. Have you made any inquiiies about it since? — A. No, sir. 

Q. What is that horse worth ? — A. O, 1 do not know ; I suppose he 
is worth a thousand dollars. 

Q. And you have a horse Avorth a tliousand dollars that you let go 
out of your hands into the hands of a nuui whom you do not know, sev- 
eral months ago, and you have made no in(piiries" about him since ! — 
A. Yes, sir ; that looks very impossible ; but if you were as sick of him 
as I was, you would let a dozen of them go. 



1480 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Are you sick of a horse worth a thousand dollars ? — A. Yes, sir ; 
sick of auytliing else that would give me as much trouble as they did. 

Q. Why did they give you so much trouble '? — A. Buyiug oats for 
them. 

Q. That is the only reason you are sick of him ? — A. That is the only 
reason ; yes, sir. 

Q. What have you done with the carraige ? — A. I have sold it here. 

Q. To whom ? — A. I do not know who got it ; 1 sold it through a 
stable-man who had my horse here; he sold it to a certain party. A 
man offered him so much for it, aud I told him to sell it. 

Q. Who was that man whom he sold it to ? — A. I do not know his 
name, really. 

Q. You said a certain party ; who was he ? — A. I told you 1 did not 
know his name. 

Q. You said a certain party ; why did you say that ? — A. A certain 
party offered the stable-man so much for my buggy, and I told him to 
let it go. 

Q. You do not know who that man is I — A. 1 do not know his name. 

Q. Who is the stable-man 1 — A. J. B. Olcott } he had a stable on 
Eighth street; I think he is now on Chain alley. 

By Mr. Stewart : 

Q. The first time you were out there you got in the vicinity of 
$12,000?— A. Yes, sir. 

Q. You came back to Washington after you got that "? — A. Yes, sir. 

Q. You saw Mr. Moore then, again ? — A. I do not remember whether 
I did or not. 

Q. Did you see him ? — A. I don't remember. 

Q. Did you not see him and ofifer him part of the $12,000? — A. I 
don't remember ; I think not. 

Q. Did you tell him you had got the $12,000 ? — A. Ido not remember 
of meeting him. 

Q. You say you did not meet him when you came back here? — A. I 
•was here only a day or two, and I don't think I met him. 

Q. When was it that you offered him money? — A. I never offered 
him anv money. 

Q. You didn't offer him any when you got the $2,500 ?— A. Well, I 
don't know but I did. 

By the Chairman : 
Q. You never offered to divide money with him at all ? — A. I told 
him that $2,500 note was paid. '^ Well," says he, "you have been 
under a good deal of expense ; never mind that." That was all that 
■was said. 

By Mr. Stewart : 

He recognized the fact, and you both recognized the fact, that part of 
it belonged to him, did you not ? — A. O, I did not recognize the fact, 
because I owed the whole of it, and didn't have it in my possession. 

Q. Why did he say to you, " Very well ; you have been to a good 
deal of expense," and why did he let you keep it ; if it was your mouey, 
what was he telling you to keep it for; why did he tell you to keep 
your own money ? — A. Well, I don't know that he did. 

Q. You said that he did. — A. I offered to divide the notes with him. 

Q. But you said that he said to you, after you got the $2,500, just 
now, as I understood you, that you had been having a good deal of 



TESTIMONY OF A. B. KIRTLAXD. 1481 

expense, and yon had better keep it ? — A. I didn't have the money to 
give him. I coukl not have offered it to him. 

Q. Why did lie say to yon, after yon had got the money, that you 
had been having a good deal of expense, and to keep it ? — A. lie didn't 
say to keep it. He said " Xever mind." 

Q. Why did he say that ? — A. I do not know. I turned it in to pay 
my hotel-bill. 

Q. That is not the question. Why did he say "iSTever mind it f — A. 
I offered to divide the notes with him, and I told him "There is 8'-i,50(>. 
I have got the money j"' and he said that he would not touch it, and 
would not take the notes. 

Q. Why did he say "Never mind the $2,500 ?"— A. Says I, "There is 
$2,500 that I have got the money on — that is, it has gone to my credit." 
lie says, " Xever mind that. If you can sell them in New York, as you 
say you can 

Q. AMiy did he say " Never miud that F' That is a very strange re- 
mark. ^Vhat business had he with it! — A. None, I do not know as 
he said that. 

Q. Why do you say he said it"? — A. I said he said " Never mind the 
notes." I then offered him part of the notes. Says I, " Here, Billy, I will 
divide with you ; there is 82,500 of this that has been paid." Says he, 
" I will not touch that. Never mind, you have been under a good deal 
of ex])ense here," &c. 

Q. Why did he say " Never mind it," when you had collected it? — A. 
I do not know. He knows that I did not give him any money. I pre- 
sume he does. It about paid my bills. 

Q. Do you expect that anybody will believe your statement ? Now, 
you are a man who has been in the world a good while. When you say 
you had a conversation with Colonel Moore in which you told him that 
you had collected of these notes 82,500, and he said, " Never mind ; 
that you had been to a good deal of expense, and when you sell the 
others you can divide" A. I do not believe anything, sir. 

Q. Do you believe anybody can believe you when you say there that 
he had no interest in it ? — A. I merely state what occurred ; that is all. 

Q. Did anybody ever tell you to never mind what you had done with 
your own property before that had no interest in it ? — A. Well, I do not 
think I have ever paid much attention to what anybody ever told me. 

Q. Did he not have an interest in it ! — A. No, sir. 

Q. Had you not got to give him an interest in it ! — A. No, sir. 

Q. You had not! — A. Not at that time; uo, sir; and he did not 
know the amount of the note or anything about it. 

Q. There was no understanding that he was to have any portion of 
it ? — A. No, sir. 

Q. And still he told you never to miiul this 82,500 you had collected ? — 
A. It was the first time he ever knew of the notes. I showed him the 
notes, and says I, "There, J>illy, there is 82,500 beeu paid." He says, 
" Never mind, I will not touch them." Says I, " I am going to hand it 
to you." 

By the Chairman : 

Q. Did you not go into Colonel Moore's desk, after you received 
that exi)ress ])ackage from Chicago, and offer to divide thocs notes 
with Colonel Moore? Now, is not that the exact fact ?— A. After the 
82,500 was out .' 

(^ Yes. Did you not say to him, " Now, here I have got these notes, 



1482 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

and I am going to divide with you ?" — A. I went and told him, " I have 
struck a pretty good lead, and I will go halves with you." 

Q. Did he not say to you right there " I do not want your notes, you 
sell the notes, and I will divide the proceeds with you f ' Did he not 
say that to you ? — A. I told him that they were very well reported 
— these men — and I thought the notes could be sold in New York very 
well. 

Q. Did he not say to you that he did not want the notes ; but that 
you should sell the notes and divide the proceeds? — A. He did not say 
that he wanted the proceeds or the notes. 

Q. Was not that the understanding there, that you were to sell the 
notes in New York and divide the proceeds ? — A. I told him that if I 
could sell the notes in New York I would go halves with him. 

Q. Now then, in that connection, did you not take Colonel Moore's 
signature? — A. Yes, sir; I told you so. 

Q. And did he not take a memorandum of the notes, and you sign the 
paper which you placed in his possession, stating that you would place 
one-half of the proceeds of those notes to his credit ? — A. I do not think 
I did, sir. 

Q. Was not that the understanding? — A. The understanding was, if 
I sold the notes in New York, that Fwas to put a certain portion of 
them to his credit. 

Q. Now, will you tell the committee that you signed no ijaper to that 
effect? — A. I do not remember of signing any paper with Colonel 
Moore whatever. 

Q, Might you not have done so ? — A. I think I should remember if I 
had. 

Q. If Colonel Moore should tell this committee that you gave him 
such a paper would you not believe him? — A. I would believe anything 
that Colonel Moore said. 

By Mr. Thurman : 
Q. Do you not remember of giving him a memorandum of the amount 
of the notes and signing it, and agreeing that you would place those 
proceeds to his credit? — A. No, sir; I made nothing of the kind. I 
think he had a memorandum of the amount of the notes. That was 
when 1 proposed to divide the notes with him. 

By the Chairman : 

Q. Yon came from Chicago with that $12,000, that pair of horses, and 
carriage, to Washington, did you ! — A. Yes, sir. 

Q. The horses and carriage were delivered to you at Albany? — 
A. That was a long time, some months, before I got the horses. 

Q. You came to Washington with the horses, did you not, after- 
ward ; you brought them here ? — A. Yes, sir. I stopped in Albany, 
and came here the next winter. 

Q. You came right to Washington from Chicago, with that sum of 
money, the proceeds of the first two notes that you sold ? — A. I came 
here. 

Q. Do you remember whether the proceeds of those two notes were 
in currency or in a draft, or in both ? — A. I remember, so far as the 
$10,000 was concerned. 

Q. It was in a draft, was it not ? — A. No, sir. 

Q. I am speaking now of the first transaction. — A. No, sir. 

Q. What was it ?— A. It was placed to my credit here by telegraph. 

Q. The 810,000 was placed to your credit here by telegraph ?— Yes, 
sir. 



TESTIMONY OF A. B. KIRTLAND. 1483 

Q. Where ?— A. It was placed with Kiftgs & Co. 

Q. Phiced to tlie credit of A. B. Kirthiud, with Rigg\s & Co.?— A. 
Yes, sir. 

Q. What was the balance iu— currency '?— A. 1 do not remember ex- 
actly the balance. It was between one and three thousand dollars; 
upon my word I cannot remember. 

Q. I do not ask you what it was; 1 ask how it was — in currency, New 
York drafts, or (checks ? — A. 1 think I drew some money, and I drew on 
him for the balance after 1 g'ot to Albany. I am not sure about that, 
but I think that was it. 

Q. Did he not i)ay you 82,500 or $2,000 in cash and place this 810,000 
to your credit ? The Virst time I am speaking of. — A. No, sir ; I do not 
remember that he did. I think I dn^w for it. 

Q. How long was it after you left Chicago until you came to Wash- 
ington, or did you come right from Chicago to Washington ? — A. I 
came here directly after that ttrst \isit. 

Q. Aiul you found the 810,000 to your credit in the bank of Riggs & 
Co. f — A. Yes, sir. 

Q. How long were you here then ? — A. I was here a day or two. 

Q. Where did you stop? — A. At the Arlington. 

Q. You registered your name as A. B. Kirtlaud ? — A. I presume I 
did. 

Q. Not Hogle '? — A. No, sir ; not Hogle. 

Q. You had no assumed name then ? — A. No, sir. 

Q. Did you call upon Kiggs & Co. when you came here? — A. Yes, sir. 

Q. For what purpose — to find out whether that sum was to your 
credit?— A. Well, I had to be identified when I drew it. 

Q. Who identified you ?— A. A clerk in the Treasury Department. 

Q. Who ? — A. His name is Moffatt. 

Q. Give his full name if you know it. — A. He is in Si)inner's office. 
I don't know whether it is Fred or Samuel Moffatt. He is an old ac- 
quaintance of mine. He is teller in General Spinner's office, I think. 

Q. Did you draw the money! — A. No, sir; I drew my check. 

Q. You drew a check ? — A. Yes, sir. 

Q. For 810,000 ?— A. Yes, sir. 

Q. What did you get for the check ? — A. I put it in a transaction 
that I had here. 

Q. What sort of a transaction? — A. Well, nothing whatever to do 
with the board of i^ublic works. 

Q. I suppose not, but we want to get all the facts, so that you had 
better just tell us what that transaction was. — A. Well, if you are go- 
ing to investigate and lind out every cent that I s|)ent of that money 
1 cannot tell; I may as well stop here as anywhere else. 

(}. Well, it will not take long to find out about that. — A. I say I may 
as well stop here as stop anywhere else. 

Q. What transaction did you put that money into? — A. I say it was 
a transaction that 1 had here. 

Q. I know you say that, but what was it ? — A. It was a transaction 
with ]\Ir. Corcoran. 

Q. What was it ? — A. In real estate. If you are going to ask me all 
the questions about these things, I decline to answT'r now. 

Q. Well, 1 ask what your transaction was with Mv. Corcoran ' — A. I 
am not going to expose my private business here. 

(}. Was it a secret transaction ? — A. VV^hy, no. 

(}. Was it a real estate-transaction ? — A. I said that it was. 

Q. Did you purchase property ? — A. Well, I did. 



1484 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

,Q. Where; what property ? — A.. Some of Mr. Corcoran's propert3'. 

Q. Did you take the title to yourself? — A. Xo, sir. 

Q. To whom ? — A. Well, T shall uot answer any further questions in 
regard to that. It is nothing connected with the board whatever, and 
nobody that was ever connected with the board. 

Q. Well, sir, you will have to answer that question before you leave 
this room ; I give you notice of that. — A. I consider that my private 
business. 

Q. Well, sir, you will have to answer that question before yon leave 
this room. Did you have any other transaction with Mr. Corcoran "? — 
A. Never, sir. 

Q. You purchased of him property and paid the whole of this $10,000 
for it, did you f — A. Yes, sir 5 that was to bind the bargain, but it is 
uot a dreadful thing. I was interested in this Harewood estate, and I 
made the first payment on it; that is the whole of it. I don't like to — 
I want to get through, and I want to answer frankly. It was in the 
purchase of the Harewood estate of Mr. Corcoran. 

Q. Who were with you in that? — A. Mr. Bro\^n was in. 

Q. What Brown 1 — A. William Colvin Brown. He was interested 
so far as he did not pay anything, and I made the first payment upon 
it. 

Q. Who else were with you ? — A. No one. 

Q. Y"ou paid that $10,000; did you get the Harewood estate f — A. 
No, sir. 

Q. Did you lose the $10,000 ?— A. I did. 

Q. The whole of it ? — A. Y"es. The first payment was not made. He 
promised to make the balance of the first payment, and he didn't do it. 

By Mr. Thurman : 

Q. Was your negotiation with Mr. Corcoran or with his man of busi- 
ness, Mr. Hyde'? — A. Mr. Corcoran was there when the $10,000 was 
paid. He was at the White Sulphur Springs when the negotiation was 
made through Mr. Hyde. 

Q. How large an estate was that Harewood estate? — A. It is nearly 
200 acres, I think. 

By the Chairman : 

Q. What were you to pay for it?— A. $225,000. 

Q. And no purchasers but yourself and Mr. Brown *? — A. That is all, 
sir. 

Q. Did Hyde give you a title-bond? — A. Not until the first payment. 
He gave me a mere receipt for the $10,000. 

Q. What was to be the first payment ? — A. Something like $42,000. 

By Mr. Hubbell : 
Q. And you paid this $10,000 on account of it? — A. Yes, sir; to 
bind it. 

By the Chairman : 

Q. And never paid any more ? — A. No, sir. 
Q. And lost the $10,000? — A. I have not received any of it, sir. 
Q. How, sir ? — A. I never got any of it back. 
Q. Did Mr. Corcoran refuse to give it back to you? — A. No, sir. 
Q. Did you ever ask him for it ? — A. No, sir. I considered that 
that would be forfeited if the first payment was not paid. 



TESTIMONY OF A. B. KIRTLAND. 1485 

. By Mr. TnrR:\rAN : 

Q. What kiiul of writing's were executed? — A. I do not know, really. 
I do not rcineinber now. It was merely a receii)t from Mr. Hyde. 

Q. Who attended to the business for you ! — A. Mr. Hyde. 

Q. He was Corcoran's agent ? — A. Yes, sir. 

Q. Who did you say attended to it for you — Colonel Moore ? — A. O, 
no; ]Moore did not know anything about it. It was Mr. Brown. I did 
not mention ^Ir. Moore's name in connection with it. 

Q. About when was that pnrchase made ? — A. I think the first pay- 
ment was to be made in October. 

Q. Last October ? — A. A year ago last October, I think. 

Q. Then that purchase was made before you had seen Chittenden — 
before you knew Chittenden ? 

Mr. Wilson. O, no. 

The Witness. No, sir ; I met Mr. Chittenden, I think, two years ago. 

By the Chairman : 

Q. Who were you and Brown acting- for in that transaction ; who 
were you expecting' to have cooperate with you ? — A. I was in com- 
munication W'ith some parties North that I expected to go into the 
operation. 

Q. I say, whom did you expect to go in with iu that matter? — A. O, 
I cannot tell you. 

Q. No parties here ! — A. No, sir ; there was not a party here that 
knew anything about it. In the event that we could not get anybody, 
I was going to sell it to the Soldiers' Home; I knew they wanted it, and 
have since bought it. 

Q. Did you tbrfeit that $10,000 to Mr. Corcoran ! — A. I have never 
received a cent of it. 

Q. I know ; but is it understood between you and Mr. Corcoran that 
you are to lose that $10,000 because you did not make that tirst pay- 
ment ? — A. I have not seen Mr. Coj'coran or Mr. Hyde since. That was 
understood that it would be forfeited if the first payment was not made. 

Q. And you have never spoken to either of them since I — A. No, sir. 

Q. Do you exi>ect to lose that ? — A. Well, I do not know. I think 
there is a very good chance for it. 

Q. Has not that 810,000 been paid back to somebody ? — A. Well, to 
the best of my knowledge I think it has. 

Q. To whom ? — A. It was paid to Mr. Brown. 

Q. What Mr. Brown '.—A. W. Colvin Brown. 

Q. Do you know what he did with the money ? — A. He went to 
Europe with it, I tliiidc. 

Q. Was there, not some understanding between you and ]\rr. ^V. Col- 
vin Brown in regard to this thing ? — A. Snnply a telegram Irom Hobo- 
ken that he was going to sail for Europe, and return in six weeks, and 
he has not been back since. 

Q. Were you content to have him go away and carry that money 
with him ? — A. I did not know that he had it; and I did not dream 
that Mr. Corcoran wowld give it to him at all, and I do not know lliat 
he has now, only from hearsay. 

Q. You did not know anybody else at all about this city that was 
interested in the purchase of that Harewood estate i — A. 1 know that 
there was nobody. 

Q. Y'ou know that there was no one? — A. No, sir; no one whatever. 
Nobody knew that it was for sale, that I know of. 



1486 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. How did you find out it was for sale ? — A. I fotiud out tbrougli 
the agent and tbrougli parties living there. 

Q. Through whom ? — A. Through Mr. Thorn, who was living there. 
He was an old acquaintance of mine. 

Q. How did he happen to give you information ? — A. We were riding 
through there one Sunday. 

Q. Was he representing anybody? — A. He is a nephew of Mr. Cor- 
coran, and be said that Mr. Corcoran probably would sell it; tkat be 
had concluded to sell a good deal of his property about here. 

Q. How much was Brown to pay ? — A. He was to pay half. 

Q. When were you to pay tbe balance of your portion 1 — A. I was to 
make the first payment on October 4th. 

Q. Do you know where Brown was to get the money ! — A. Well, he 
has property in New York that I inquired about, and he was going to 
get property from Boston from bis brother-in-law. 

Q. Do you know where be was to get the money with which be was 
to pay bis portion of this purchase ! — A. No, I do not. 

Q. Did you have any information from him 1 — A. I inquired, when 
this negotiation was entered into, whether that was true that be told 
me about bis property in New York. 

Q. Did you have any information as to wbere the money was to come 
from ? — A. I supposed that he was a man of means. 

Q. Did you have any information as to where be was to get tbe 
money to be used in this transaction ? — A. No, sir. 

Q. None whatever? — A. He told me that be could draw on his 
brother in-law in Boston in a minute, or bave a telegram to bring it 
here, but he did not do it. 

Q. Did you bave any information of any parties in this city connected 
in that transaction 1 — A. No, sir. 

Q. Did you have any information or intimation of that kind ? — A. No, 
sir ; I am positive that there was nobody connected with it. 

By Mr. Thurman : 
Q. Was this Harewood estate the same property that Mr. Corcoran has 
since sold to tbe Soldiers' Home '? — A. Yes, sir. 

By Mr. Wilson : 

Q. Wbo was associated with you in connection with the procurement 
of contracts in this city aside from Mr. Moore ?— A. Mr. Moore was not 
connected with me in procuring a contract. 

Q. Very well ; now leaving Mr. Moore out of tbe question entirely, 
who was associated with you 1 — A. There was no one. 

Q. Directly or indirectly "I — A. No one, sir. 

Q. No one at all 1 — A. No, sir. 

Q. Did you have anything to do with any other contracts in this city 
than the De Golyer & McClellan contract ?— A. Well, I expected to have, 
but tliere were no contracts awarded. 

Q. Did you have anything to do with any other contracts ? Were you 
negotiating witb any other parties ? — A. Well, I believe I was. 

Q. Who were they "?— A. It was a New York firm, but as they did 
not get any contracts 

Q. Just wait a minute; who were they ?— A. O'Couner i& Shanley. 

Q. Any other ? — A. No, sir. 

Q. Did you enter into negotiations with any other person or firm than 
De Golyer & McClellan and O'Conner & Sbanley ?— A. I never had 
any negotiations with them at all. 



TESTIMONY OF A. B. KIRTLAND. 1487 

Q. Well, I will say Chittenden and O'Conner & Shanle}- ? — A. Ko, sir. 

Q. jSToue at all ? — A. Xo, sir. 

Q. Were the same persons tlifit were interested with you in the De 
Golyer & McCleHan contract, interested with you in the O'Conner 
«S: Shanley contract ! — A. O, no. 

Q. Did you have anybody interested with you in the O'Conner & 
Shanley contract ? — A. No, sir. 

Q. Xobody at all? — A. I think there was — no, sir; I did not have 
any connection. Persons were to furnish them lumber, but 1 had no 
connection. 

Q. Persons furnished who lumber? — A. O'Conner & Shanley. 

Q. Who were those persons ? — A. I think men by the name of Xick- 
erson and Reed. 

Q. Who was Eeed ? — A. I think a lumberman. 

Q. Where does he live? — A. I do not know. 

Q. What was the arrangement, now, in regard to furnishing that 
lumber ? — A. That I do not know, sir. He was to get so much a square 
yard. I believe they furnished it cured. That I do not know much 
about. 

Q. Outside of that you had no connection with any person, or asso- 
ciation with any person, in connection with the O'Conner & Shanley 
contract ? — A. Xo, sir. 

Q. What had that lumber business to do with your part of the con- 
tract ? — A. They were anxious that O'Conner & Shanley should get the 
contract so that they could furnish the lumber. 

Q. Did their furnishing the lumber have anything" to do with your 
procurement of the contract, or the compensation that you were to re- 
ceive for procuring the contract ? — A. What I was to make off of it was 
my negotiating' it through Reed, I think. I think I had an interview 
with O'Conner once. He was to pay so much, but there was no money 
here, and he did not get any contract. 

Q. Just state what your arrangement was. — A. Well, I do not re- 
member what it was. 

Q. You have no sort of recollection about it? — A. Xo, I am sick of it, 
and I have forgotten it. 

Q. You say that there was no contract awarded in that case? — A. 
Xo, sir; I think not. 

Q. Let me see if I can refresh your recollection a little. Is that your 
signature ? [Siiowing witness a paper.] — A. Yes, sir. 

Q. Do you know whose handwriting that is? — A. I do not. 

Q. Do you recollect of ever seeing ^hat paper before ? — A. That is 
my signature ; I do not know as I ever saw the paper. 

Q. 1 will read it to you : 

Whereas the board of public works of the District of Columbia has awarded a con- 
tract to Messrs. O'Conner & Shanley, of Newark, N. J., for the laying of 25,000 sciuare 
yards of wooden pavement at .S:}.50 per square yard, and notified said O'Conner 
& Shanley that a contract for 10,000 sfjuare yards of Belgian stone pavement will Ijo 
awarded them, said award and notice bearing date July 12, lsJ7S, and it is believed that 
upon the completion of the work above mentioned, that other work will be given said 
O'Conner & Shanley in the District of Columbia by said board of public W(uks ; and 

■\Vhereas Albert H. Kirtland and others have been instrumental in securing for said 
O'Connor & Shanley the awards above mentioned, and laid the foundation for other work 
in the District of Cohnnbia : Therefore, it is hereby agreed l>y and between IMessrs. O'Con- 
ner & Shanley, of X(!Wark, N. J., contractors, of the one part, and Albert B. Kirtland, of 
Greeubush, N. V., of the second part, to wit : That in consideration of the services and 
money expended by said Kirtland in ^xM-soual expenses or otherwise in securing said 
contracts for said O'Conner A- Siiiuiley, that the said O'Conner ct Shanley hereby 
agree to pay to the said Kirtland or his legal representatives the sum of sixty (GO) 



1488 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

cents per sqviare yard for each and everj' square yard of pavement laid by said O'Con- 
nei & fehauicv or their legal representatives or assigns, in the District of Colnmbia, pay- 
able weekly or monthly in the same proportion that said O'Conuer & Shanley receive 
their pay for said work from the said board of public waiks, and in the same currency, 
\\i ether cash or certificates, that they receive for the same. 

And it is further agreed by said O'Couner & Shanley that if other work, such as 
o-radiuo- or street-seweriug, is secured for them by or through said Kirtland or his 
friends°iuterested with him, tbat said O'Conner & Shanley shall pay to said Kirtland, 
for himself and his associates, such compensation or commissions as may he hereafter 

reed upon, the same to be paid as the work progresses, and in the same kind of pay 
is received by the said O'Conner & Shanley from said board of public works. 

This a"-reemeut is hereby binding upon the undersigned and their heirs, executors. 



agr 
as 



or assigns. 



Witness our hands and seals at the city of Washington, D. C, this 30th day of July, 

^^^^' O'CONNER & SHANLEY. [seal.] 

ALBERT B. KIRTLAND. [seal.] 

Witness : 

A. W. Reed, [seal.] 

Q. Did you euter into that agreement ?— A. 1 presume I did, but I do 
not remember the conditions of it at all. 

Q. When did you enter into that agreement ?— A. Well, that I do not 
remember. It was some time last year; during last summer, I think. 

Q. Did you enter into it as of the day that it bears date ?— A. 1 think 
it was last summer or last spring. 

Q. Now, having heard that agreement read, do you not now remem- 
ber that a contract was awarded to O'Conner & Shanley to lay 25,000 
square yards of wood pavement?— A. I presume there was an award 
made. I did not know anything about that. They did not go to work. 
The last I heard of it they said they would not go to work under it ; 
that there was no money here. 

Q. You made this agreement that they were to pay you 60 cents 'i— 
A. I did not know anything about that. Uy object was to assist Reed, 
who was furnishing lumber here, and I met O'Conner & Shanley here. 

Q. You had an agreement with O'Conner & Shanley f— A. It ap- 
pears so, from that. • , • 

Q. Who were the persons who were interested with you m this mat- 
ter ?'— A. I do not know whether a man by the name of Wilcox was in- 
terested in tbat or not. -,..,., » tt 

Q. Don't you know that Mr. Wilcox was interested m that .'—A. He 
was interested in another matter. , ^ -, 

Q. What was the other matter in which he was interested .^— A. I do 
not know. It was Hussey's case, I think. 

Q. What was that'?— A. I do not know anything about it. 

Q. Can you not recollect anything about it? Now, Mr. Kirtland, 
there is no use for you to be withhohling these things.— A. Well, sir, it 
is not mv intention at all. 

Q. You must readily perceive that this committee is in possession 
of some matters that perhaps you are not aware of.— A. Well, sir, I 
am in hopes you are. 

Q. Well, sir, now what was this Hussey matter?— A. Upon my word 
I do not know anything about it. I know that Wilcox & Hussey— he 
was engaged in some contract with Hussey and a man by the name of 
Wirt_but I had very little to do with him, and had forgotten that. 

Q. Who is Hussey ?— A. He is a contractor here. 

Q. What kind of contracting was he doing?— A. I think he was 
grading; I am not sure — grading and paving. 

Q. Who was this other man, Wirt?— A. He was a man who had some 
means here. 



TESTIMONY OF A. B. KIRTLxVND. 1489 

Q. Was lie a contractor? — A. Xo; I think he furnished the means. 

Q. Wliom was he furnishing the means to ? — A. To Husse^^ & Wilcox. 

Q. What was your interest in tliose contracts! — A. None at all. 

Q. Nothing whatever? — A. Nothing at all; and I did not dream that 
I had any interest in (hat. 

Q. Now we will go ba(;k to this. You say that Mr. Wilcox may have 
had an interest in it. Having had your recollection refreshed so that 
you are able to think that Air. Wilcox may have had an interest in it, 
can you not remember somebody else that had an interest in it? — A. 
No, sir. 

Q. No person at all ! — A. No, sir. 

Q. I would be glad if you would think now a little. — O! I do not re- 
member anybody else; I had forgotten that. 

Q. Did you not enter into an agreement with Mr. Wilcox, with refer- 
ence to this very contract, that Wilcox was to be paid the sum of 
$7,000?— A. No,"^sir. 

Q. Twenty cents per square yard ? — A. I remember nothing of the 
kind. ^ 

Q, You cannot remember anything of the kind ? — A. No, sir ; I do 
not think there was any such agreement between us. 

Q. Tlien what interest did Wilcox have ? — A. I do not remember, sir. 

Q. You do not recollect what interest he had ? — A. No, sir. 

Q. Were these transactions so common with you that you are unable 
to remember them? — A. No, sir; they were not very common. 

Q. Did you keep any books, papers, memoranda, or anything of the 
kind ? — A. No, sir ; I kept no books and had no book-keeper. 

Q. Why not ? — A. 1 did not think it necessary. 

Q. You kept no memorandum of these transactions? — A. None at all. 

Q. Why not ? — A. For the reason that 1 did not suppose it was nec- 
essary. 

Q. I wish to refresh your recollection a little further. " Washington, 
D. C, August 9, 1873. In consideration of valuable services, and one 
dollar in money, hereby acknowledged as received from Gardner H. 
Wilcox, I hereby assign and agree to paj^, or authorize to be paid, to 
said Wilcox the following amounts from the proceeds of the within 
contract or agreement, namely : from the proceeds of the first 23,000 
square yards of pavement, the sum of $7,000, and 20 cents per square 
yard out of the GO cents per square yard to be paid to me upon all 
other pavements laid by said O'Oonner & Shanley, or assigns, in 
accordance w4th the within agreement, and said O'Conner & Shanley 
are hereby authorized to pay to said Wilcox, or order, such amounts 
as are hereinabove mentioned to be allowed and paid him, a,ud deduct 
the same from the amounts agreed to be paid to me on the within agree- 
ment or contract, and payable in the same funds and at the same time 
as received by said O'Conner & Shanley on said contract." Do you 
recollect any such agreement as that ? — A. I do not remember. IIow 
much was there awarded to them? 

Q. Twenty-live thousand scpuire yards. And this Belgian pavement, 
■with reference to which I called your attention a moment ago.— A. I 
do not remember signing any such i>aper as that. 

Q. Do you recollect making an agreement of that kind ? — A. No, sir. 

Q. You did not make any such agreement as that ? — A. I do not re- 
member making any such agreement. Did L sign any such pai)er ? 

Q. Well, 1 am not answering questions now, sir. — A. 1 do not remem- 
ber any such agreement. 

Q. You did have negotiations with Mr. Wilcox, did you. in regard to 
94 D C T 



1490 AFFAIRS IN THE DISTRICT OF COLUMBIA.* 

tbis tbing: ? — A. Well, be was interested in a small way in tbat. I do 
not remember what. 

Q. Wbat Avas be to do ? — A. I do not think he was to do anything. 

Q. Whom was be representing? — A. I do not think he was re[)iesent- 
iiig anybody. 

Q. Did you ever have any conversation with him in regard to that? — 
A. I know his family very well, and I know they were straggling along 
here, and he did not make anything out of the other eoutract. 

Q. Wbat other contract? — A. The Hussey contract. I suppose he 
lost wbat money be bad in it. That is the oidy interest he had in it. 

Q. Did you use him in any way, or have any arrangement with him by 
virtue of which be was to render any service in procuring tbis contract 
for O'Conner & Sbanley ? — A. No, sir, I do not think be knows a mem- 
ber of the board, or anybody connected with them. 

Q. Well, sir, that njight be. — A. 1 do not know anything about tbat. 

Q. Did you really pay him something out of this contract?— A. I 
think he bad a contingent interest in it ; 1 do not remember what. 

Q. You ditd agree to pay him something out of what you received ? — 
A. I do not know whether I was to pay him, or not. 

Q. Who was to pay him if you did not ? — A. I do not know tbat I 
was. 1 bad forgotten almost that whole transaction. 

Q. Was not what he was to receive to come out of wbat you were to 
receive? — A. I do not know that I was to receive anything. I thought 
it was to go to Eeed. Eeed was to pay me something. 

Q. Wbat was Reed to pay you? — A. I have forgotten the terms of 
that entirely. 

Q. You do not know anything about tbat? — A. No, sir. It was in 
the neighborhood of about 50 cents. 

Q. Fifty cents per square yard ? — A. Yes, sir. 

Q. He was simply furnishing the lumber ? — A. Yes, sir. 

Q. And be was to pay you 50 cents a square yard? — A. Yes, sir; in 
tbat neighborhood, I think. 

Q. Do you know what price Eeed was to get for his lumber? — A. No, 
sir ; there was a regular price here ; I do not know. 

Q. Then, according to this statement. Reed was to furnish the lumber 
at the usual price. By that, do you mean the regular market-price ? — 
A. Yes, sir ; tbat or the price that other contractors were paying. He 
has stated the price to me, but I ha^ e forgotten. 

Q. Then, be was to pay 50 cents a square yard, in order to sell tbat 
lumber at the market-price ? — A. He procured those contracts tor 
O'Conner & Sbanley. If be got the contract, they were to do the work. 
He was to furnish the lumber, and be was to pay me so much. That is 
about as near as I can get at it, according to my recollection. 

Q. In tbis agreement which you say you signed, I find this paragraph, 
"And whereas Albert B. Kirtland and others have been instrumental 
in securing for said O'Conner & Sbanley the awards above mentioned." 
Who were the others ? — A. I do not know what tbat refers to, unless it 
was to Reed. 

Q. "Others "is more than Reed? — A. Wilcox had a contingent in- 
terest in tbat, I think. 

Q. What was Wilcox's contingent interest? — A. I do not remember. 

Q. Whi,t was his interest for? — A. Tbat 1 do not remember. He was 
trying to get a contract here for himself; and if we could get a jiretty 
good contract for Shanley and the other unin, he would come in. He 
withdrew his application, or something of that kind. I think that was 
the fact, so that there would not be too many. 



TESTIMOXY OF A. B. KIRTLAXD. 1491 

Q. I will read the whole of this now— "rhnt whercnsi Albert B. Kirt- 
land and others have been iiistrimieiital in secnriiiji' for said O'Conner 
& Shanley the awards above mentioned, and laid the fonndation tVir 
other work in the Distriet of Columbia." Xow, what fonndation had 
you laid for other work, and what other work was it? — A. 1 do not su[)- 
pose that I read that. 

Q. Sir ? — A. I have no reeollection of what it was at all. 

Q. None l — A. Except that it was to j^et further contracts. 

Q. You say, over your own sionature, that you have laid the founda- 
tion for other work in the District of Columbia. — A. What is that, an 
agreement i 

Q. This is a written agreement which you say you signed, and which 
I read to you in full, and your name is to it. — A. I see my name is at 
the end of it, but I do not know what foundation there is that I laid. 

Q. You say you have laid a foundation for other work in the District 
of Columbia; \vhat was that other work f — A; I have no idea. 

Q. What foundation had you laid for it? — A. None, sir. 

Q. Through whom, or by what means, did you lay a foundation to 
get work ? — A. I have never laid any foundation. 

Q. Y'ou never did ? — A. No, sir. 

Q. Did you never have any instrumentality at work to lay the founda- 
tion for work ? — A. That is a mere figure of speech, I think. 

Q. Did you ever have any instrumentality at work ? — A. No, sir. 

Q. Y'ou had not ? — A. None whatever, except if you consider these 
instrumentalities that I have mentioned. 

Q. I would be glad to have you tax your recollection to its utmost 
capacity to know^ whether anybody else was connected with you in this 
matter. — A. 1 do not remend)er of any one, sir. 

Q. Did you represent to Mr. Chittenden that yon had great influence 
here in getting contracts ? — A. No, sir, I do not think i did. 

Q. Y^ou said but a wdiile ago that ^Iv. Chittendeu's testimony was cor- 
rect, I understood you. — A. Did I state that? 

Q. Did you not state that awhile ago! — A. I am willing to state that 
it was substantially correct. 

Q. If he swore, then, that you made such a representation to him, it 
is incorrect in that jiarticular, is it? — A. 1 do not remember having 
made any such statement to him. He never inquired what influence I 
had. 

Q. Did you not represent to him that you had great influence to get a 
contract! — A. I do not remember of njaking any such representation, 

Q. Did you not say to him that you had great influence here, and 
that you would be able to do a great deal of good in getting- a contract ? 
— A. I do not remember any such thing or statement. 

Q. Do you say that you did not make it ? — A. I do not remember 
making any, sir. 

Q. You are still unable now to remember the nan)eof any person else 
who was connected or associated with you in any way in this matter! — 
A. No, sir; I do not remember anybody. 

Q. This contract that I have read to you bears date the 30th of July, 
1873. Do you recollect of award of a contract having been made prior 
to that time ? — A. That I was interested in '? 

Q. Yes, sir. — A. None that I was interested in. I know there was 
none that I was interested in. 

Q. I will read you a paper : "Board of Public Works, District of 
Columbia, Washington, .July iL*, 1873." iiefore 1 read this, however, 



1492 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

I wish to ask you if you kuow a man by the name of J. J. Hinds ? — A. 
Y(\s, sir; I have been introduced to him. 

Q. Where did you first become acquainted with him ? — A. Through 
Mr. Wilcox, I think. 

Q. Where is he from ? — A. I think he is from the W^est. 

Q. What was his business here ? — A. He is a mail-contractor, I think. 

Q. Did you have anything to do with him in the way of getting con- 
tracts ? — A. Wilcox & Hinds had an application for contracts, and 
they withdrew their aiiplication, as I understood it, through Wilcox, 
and took an interest in O'Conner & Shanley's, if they got a contract. 

Q. Then you remember, now, that Hinds was interested along with 
Wilcox in this O'Conner & Shanley contract? — A. I say I was intro- 
duced to him by Mr. Wilcox. I do not know that he was interested, or 
to what extent. 

Q. You say that he was interested with Hinds in trying to get a con- 
tract, and after that they gave that up 1 — A. I say that I heard they 
had an interest in it. 

Q. But after that failed, then you say that Hinds & Wilcox took 
an interest in this O'Conner & Shanley matter? — A. Mr. Wilcox took 
an interest. I know nothing about Hinds having any interest. 

Q. For the purpose of refreshing your recollection in regard to this 
matter, I read to you another document : 

Messrs. O'Conner & Siianley, 

Care J. J. Hinds, 508 Tewelfth street nortJtwest: 
Gentlemen: I am directed by the board to inform you that a contract has been 
awarded yon for laying 25,000 yards of wooden i>avenient of the Sto^ye, Miller, or 
other approved pateuts, to be laid uyton such streets as may hereafter be desijjuated, 
at the board-rates as established. The pavement to be in full accordance with the 
speciiicatious of the patent ; to be treated by the Sealey or Robbius process; the treat- 
ment of the wood to be under the inspection of the board at the mills. 

Also that a contract will be awarded you for laying 10,000 yards of Belgian-stone 
pavement, of the New York specification pattern, at the i)rices established by the 
board. Yon will notify the board when you are jirepared to commence the work. 
By order of the board. 

CHARLES S. JOHNSON, 

Assistant Secretary. 

Q. Does that refresh your recollection in regard to this matter ? — A' 
I have stated all I know about that. 

Q. Do you say now that there was no such contract awarded ? — A. 
That is the same contract, is it not ? 

Q. Yes, sir, exactly. — A. I stated that there was an award made to 
O'Conner & Shanley son)e time ago, did I not ? I understood there 
was. What interest Hinds had in it I do not know. 

Q. Have you anything further to state about it now ? — A. Nothing 
that I remember about it. I remember very little about that. 

Q. What did you do with the money that you received on account of 
this De Golyer & McClellan contract % — A. I have spent most of it. 

Q. Did you directly, or indirectly, pay wwy of that money to any other 
person ? — A. To any person connected with the board ? 

Q. I did not ask you that question. Any other person % — A. Well, 
there is $10,000 of it accounted for, is there not ? 

Q. Just answer my question — whether you, directly or indirectly, paid 
to any other person any money on account of that transaction? — A. 
ISTct on account of that transaction; not to the amount of one farthing. 

Q. You got the whole benefit of that yourself, did you? — A. Yes, sir. 

Q. Entirely? — A. Yes, sir; I owned the notes, and was the hona-fidc 
owner of the notes, I considered, and did what I pleased with them. 



TESTIMONY OF A. B. KIRTLAND. 1493 

Q. So you say that no part of that money went from you, or any 
money in lieu of that went from you to any other person ? — A. Not one 
cent, sir. 

By Mr. Stewart : 

Q. You say you think Brown .yot this 810,000 ? — A. Well, I am not 
much of a thinkist, but that is what I heard. 

Q. Ilave you ever written to Brown about it f — A. Yes, sir. 

Q. Have you got a letter from Brown ? — A. Yes, sir. 

Q. Where is the letter? — A. 1 do uot know; it is burned up, I 
sui)pose. 

Q. What did that letter state ? — A. The letter stated the same as tlie 
telegram — that he would return here in the course of six weeks and 
arrange what was just. 

Q. What did it say about the $10,000! — A. He never nieutioned it 
at all. 

Q. Did you write to him about the $10,000 ?— A. I did lately ; I have 
not got any answer from him. I told him I Avould like a remittance, as 
he had not come as he agreed to. 1 suppose he did not think that I 
knew that he got it. 1 think he got that, and cleared out with it. That 
is my impression. Of course it was stated ou the written agreement to 
be forfeited. 

By Mr. Wilson : 

Q. Do you know for whom Brown was acting ? — A. Well, that hav- 
ing come in about Brown, we expect him to be here in a few days, and 
I would like to get that from him. 

Q. Do you know for whom Brown was acting ! — A. I do not know. 
I think he was trying to get re-instated. He was a consul. 

Q. Ke-instated as what ? — A. As a consul at Hamburg, or some other 
place. 

Q. Did he get re instated ? — A. No, sir, not that I am aware of. 

Q. Do you know for whom he was acting ? — A. I know nothing about 
the man. He showed me very good letters ; and he was rather a fasci- 
nating man. 

Q. Do you know for' whom he was acting in this transaction '? — A. I 
do not know. Mr. Chittenden testified here that he had an interest in 
this contract. He showed me a note once of $8,000 of Chittenden's, an<l 
wanted me to buy it. I thought it was very (pieer. He said he took 
bis money out of his pocket. 

By Mr. Wilson : 

Q. Did you not know that Brown was acting for somebody else — that 
Jie was a middle-man here ? — A. No, sir ; I did not know anything of 
the kind. 

Q. You say you do not know that Brown was to have any part of the 
money from Chittenden ? — A. I dul not suppose that he had a farthing's 
interest in it. 

Q. Did Chittenden ever tell you what was to come out of that 50 
cents ? — A. Yes, sir ; he told me. 

Q. What was it ?— A. About $28,000. 

Q. Who was to get that? — A. lie did not tell me, and 1 did not ask 
hin). He said it was necessary ex[)ense. 

Q. Di<l he say what that necessary expense was for? — A. I tohl you 
that he did not. 1 did not ask him. 

Q. Did you not know that he, was operating here secretly ! Was it 
not understood between vou and him that there was something that had 



1494 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

to be covered up? — A. 1 do not think there was any such idea of cover- 
in. 2: up anything-. 

Q. Was not that the understanding between you and him ? — A. No, 
sir. 

Q. What was that $28,000 to be used for?— A. Well, he represented 
it as counsel fees and his expenses. 

Q. Did he specify more particidarly than that it was counsel-fees ? If 
he did, state wliat he said. — A. No, .sir; he did not. 

Q.. Nothing definitely ? — A. No, sir. 

Q. When did you come to the city last, before yesterday or today ? — 
A. I came here about two weeks ago. 

Q. Where did you stop ? — A. I went up to Wilcox's house first. 

Q. Where did you go then ? — A. I heard he was keeping house, and 
I thought I would stop there. 

Q. Where did you go from there ! — A. To the Washington House. 

Q. In what name did you register there ? — A. A. Buchanan. 

Q. Why did you conceal your own name ? — A. I told you that I had 
ix delicacy about coming here ; did not like the publicit^^ of the matter. 
I came here for the purpose of testifying, but I did not like the manner 
in which the investigation was carried on, and to avoid it I thought I 
would, if possible, keep out of the way. They had got through with 
me ; thrown all the dirt they could at me. 

Q. There cannot be any dirt thrown on a man in a straightforward 
transaction. — A. Well, you have allowed i)eople to get up here and 
state what they have heard about me, for instance, that I did not like ; 
and they will have a good chance to prove it. 

Q. AVhat do you say "? — A. I have no grievance to make and nothing 
to com])lain of. 

Q. Exactly. If you had come directly here there would have been 
no trouble about it. — A. I have nothing to say in the world. I am not 
worth the powder and shot they have made about me. I live in a 
(*ountry-i)lace where they have got this thing from one end to the other. 

Q. Did you get a telegram from this committee to come here and tes- 
tify ? — A. I got a telegram from French. 

Q. Why did you not come 1 — A. I came ; I answered it that as soon 
as I could be furnished with funds to travel I would come ; not in those 
words exactly, but I came here the same day that I telegraphed. 

Q. Did you come here the same day that you got the telegram ? — A. 
I do not know that I got the telegram the same day it was sent, but I 
came very soon. 

Q. How long after you got the telegram before you came here? — A. 
Two or three days, maybe. 

Q. For what reason did you come here and pass under an assumed^ 
name? — A. For the very reason that I did not want to testify if I could 
avoid it. 

Q. You said that there had been all sorts of dirt thrown on you in 
the testinu)ny before this committee? — A. Yes, sir. 

Q. Y^ou had been promptly summoned by the committee? — A. I was 
home. If they wanted me they could have got me a long time ago. 

Q. What was the occasion for your coming here and passing under 
an assumed name? — A. I wanted Chittenden to testify, and I wanted 
to communicate with Colonel Moore. 

Q. Why did you want Chitteiulen to testify? If it was a straight- 
forward transaction there could be no advantage in having Chittenden 
testify, or no embarrassment. — A. If Moore's name was not mentioned 
1 was going to clear out. 



TESTIMONY OF A. B. KIRTLAXD, 1495 

Q. And not tell? — A. I slioulil not have told his naiue if they had 
kei»t me here for four years, because I promised not to. 

Q. To whom did you promise not to?— A. 1 made it to Colonel Moore 
himself. 

Q. When? — A. When [ promised to put that to his credit; says he, 
"If Mr. Sliei)herd knew this it would ruin me." 

(^. At the time you and Mr. Moore had this transaction there was an 
understaiulin<>- between you and him that his name should be kept se- 
cret? — A. He told me not to tell, and I promised him that I would not. 

Q. You had that sort of an understanding? — A. Yes, sir; 1 had an 
understanding that I never would tell. 

Q. 'Tlieu you were to pay him money, and that thins* was to be kept 
a i)rofound secret. It was between you and him alone ? — A. Yes, sir. 

Q. For that reason you came here and avoided coming before the 
committee? — A. Well, I did not want 

Q. Well, that was your reason for not coming before the committee? — 
A. Yes, sir; I did not like the publicity of it, and I do not like it now. 
1 (lid not like the way they conducted the examiuation ; I say that 
frankly. 

Q. Very well, sir, that is all right ; we have no right to take any ex- 
ception to your criticisms. — A. Well, it seems to be an arena here for 
peoi)le to slander each other. 

Q. After you got here, did you communicate with Colouel Moore ? — 
A. Xo, sir. 

Q. Sir ? — A. Yes, I wrote him a note the day I went away. 

Q. Did you see him before jou wrote him that note ? — A. Xo, sir. 

Q. Did you see him after you wrote that note ? — A. Y"es, sir. 

Q. Where did you see him? — A. At the Ebbitt House. 

Q. In what name were you registered at the Ebbitt House ? — A. 
Iloyle. 

Q. H. C. Hoyle, of Chicago ; is that right ? — A. I did not register 
that name. 

Q. Who did ? — A. I do not know who it was. 

Q. Do you say you do not know who registered that name? — A. Why, 
no, sir. How should I know ? 

Q. Very well. You went to the Ebbitt House and took a room there, 
and did not register yourself? — A. No, sir. 

(}. Did you have any arrangement with anybody to register for you? 
— A. I think I sent down a hall-boy for a room from upstairs. 

Q. Who was with you upstairs? — A. Mr. Wilcox. 

Q. And from there you sent a hall- boy down to register your name ? — 
A. Yes, sir. 

Q. Did you give the boy the name on a slip of paper? — A. I think 
so. I think the name was given him. I am not sure whether I gave it 
to him or not. 

Q. Who else was with you when you went to the Ebbitt House ? — 
A. No one else. 

Q. What was your purpose in changing your quarters from the 
Washington House to the Ebbitt House? — A. It im[)roved my table, 
&c. I went there for the purpose of seeing Mr. Storrs. 

Q. At whose instance did you go there to see Mr. Storrs ? — A. I went 
there, not through anybody's instance, but my own. 1 requested Mr. 
Wilcox to take nu! to his room. 

Q. You had an interview with Mr. Storrs, did you? — A. Yes. sir. 

Q. During that interview, did you tell Mr. Storrs that it would not do 
for you to testify in this case ? — A. No, sir. 



1496 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did yoii tell Mr. Storrs that if you testified in this case you should 
be compelled to tell the truth, and that it would strike men in high 
places? — A. ¥o, sir. 

Q. Did you tell hiiu that it would ruin men occupying high places? — 
A. I told iiitn I would tell the truth if I came here. 

Q, Did you tell hiiu in that conversation that your testimony would 
strike men in hijih places ? — A. No, sir. 

Q. Did you tell him that it would ruin men occupying high positions'? 
— A. No, sir. 

Q. You made no declarations of that kind to him ? — A. No, sir. 

Q. Nothing' of the sort ? — A, Nothing of the sort. I told Mr. Wilcox 
that Mr. Storrs had put Chittenden through very well, and he said that 
Mr. Storrs was very much elated over it, and would act as my counsel, 
without a fee, and that is the very reason I went there. 

Q. Did you tell Mr. Storrs that your testimony would be very damag- 
ing to men occupying high positions here — in high places? — A. No, sir. 

Q. Nor anything of that kind ? — A. Nothing of the kind. 

Q. Did you employ Mr. Storrs to act as your counsel ? — A. No, sir. I 
went there with that purpose, though. 

Q. You say you met Mr. Moore there ? — A. Mr. Moore called on me 
the day I went away. 

Q. How did Mr. Moore happen to call on you ? — A. I told you T wrote 
him a note. 

Q. Did you direct him in that note to call on you attheEbbitt House? 
— A. I am not sure now where I told him to come. I do not think I 
told him any way. It was delivered by a party 

Q. IVIr. Moore, then, went at your own suggestion — through a note 
whicli you wrote to him ? — A. Yes, sir. I told him that I had made up 
my mind to leave town. 

Q. How is that? — A. I told him I had made up my mind to leave 
town, and would bke to see him. 

Q. Did you tell him where you would like to see him ? — A. 1 do not 
think I did. 

Q. You did not indicate the place? — A. No, sir. 

Q. Did you have any private interview with anybody else at the Eb- 
bitt House? — A. I had, if you call it an interview, with Mr. Mattingly. 
He called on me there. 

Q. How did he find out that you were there ? — A. That I do not know. 
I think it was through Mr. Storrs. 

Q. Did you send word to Mr. Mattingly that you wanted to see him ? — 
A. No, sir. 

Q. You did not? — A. No, sir. 

Q. You did not seek an interview with Mr. Mattingly? — A. No, sir. 

Q. You think it was through Mr. Storrs that Mr. Mattingly called on 
you ? — A. Yes, sir. 

Q. How long did you talk with Mr. Mattingly? — A. Twenty minutes, 
I think. 

Q. Did you, in that interview with Mr. Mattingly, communicate to 
him the relations that you occupied with Mr Moore ? — A. No, sir. 

Q. Did Mr. Mattingly inquire of you what you had done with this 
money ? — A. My interview with him was confidential, as my attorney. 

Q. Did you employ Mr. Mattingly as your counser^ — A, I wanted it 
understood before I said anything to him. 

y. Did you employ him as your counsel ? — A. I do not know as I did ; 
but I wanted it understood. 

Q. It does not make any difference whether he was your attorney or 



TESTIMONY OF A. B. KIRTLAND. 1497 

not; yon will liave to answer tbe qnestion. — A. I am perfectly williuj? 
to, sir, altlioiigh I don't like to. He didn't ask any secrecy from me. I 
am perfectly willing to tell you wbat I said to him. He said be wanted 
me to come here as a witness, and wben be left me says, " I want you 
to come bere as a witness, lint," says be, "you need not bave any 
apprehension, I am not going- to bave you sul)p<enaed." " Well," says I, 
"you better not; I want to come voluntarily wben 1 do, and if I don't 
want to come, I want to go away." 

Q. ])id Mr. jMattingly inquire of you wbat you bad done witb tbat 
money f — A. I tiiink be did. 

Q. Did you state to bim ? — A. I stated to liim wbat I bave stated to 
you. 

Q. Did you tell bim your relations to Mr. Moore? — A. No, sir. 

Q. You did not? — A. No, sir. 

Q. Did you or not decline to tell bim wbat you bad done witb tbis 
money ? — A. I declined to tell bim bow mucb I bad received. I told 
bim I did not know. 

Q. Did you decline to tell bim wbat you bad done witb the money? — 
A. I told him, on the contrary, wbat I had done with the money. 

Q. Did you not refuse to tell bim what you had done witb the money? — 
A. I do not think I did. 

Q. Did he not put the question to you directly, and press it upon you, 
to know what you had done witb the money, and did you not refuse to 
tell ?— A. 1 do not think I did. 

Q. Can you not refresh your memory; it is not very long ago? — A. 
No it is not very long ago, but I have something else to think about. I 
do not remember bis i)utting such a question to me, sir. 

Q. Can you not remember that you refused, or whether you did or 
did not refuse to tell bim wbat you bad done witb that money ? — A. 
H' be didn't ask me the question 

Q. I will repeat the question, sir. Did be not ask you wbat you bad 
done with tbat money, and did you not refuse to tell? — A. I do not 
think — I do not remember of his asking any such question. 

(). Did you not say to bim tbat you declined to tell him wbat you 
had done witb the money? — A. No, sir. 

(}. You did not? — A. No, sir. 

Q. When did you leave this city? — A. I left here, I think, on Satur- 
day morning — Friday or Saturday morning. 

Q. Before 1 come to that, 1 will ask you what occurred between you 
and Mr. Moore? — A. Merely friendly matter. 

Q. Did you talk about tbis matter? — A. Very little. 

Q. Did "you talk about it at all?— A. I told'him tbat I didn't expect 
to go on the stand. I didn't want to hear anything about it. I told 
him I was going away tbat night; that I thought the investigation 
wonld end without my testimony. 

(^. What night was that? — A. I think that was Friday. 

Q. Friday of last week? — A. Yes, sir. 

(). Did you tell him you would go away that night? — A. Y'es, sir; I 
told him I exi)ected to go. 

(}. Did you go tbat night? — A. I think I did; or very early the next 
morning. 

i}. Wbat time did you leave the next morning ? — A. I think I went 
to Georgetown to catch the boat from there at or 7 o'clock. 

Q. J)id you catch it ? — A. No, sir. 

Q. You left town ? — A. Yes, sir. 

ii.. In what way ? — A. I left town in a carriage. 



1498 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Where did j'on go from Georgetown"? — A. I went to Alexandria. 

Q. Where did you go from Alexandria ? — A. I went South. 

Q. Where'?— A. To Richmond. 

Q. Where from there ? — A. To Norfolk. 

Q. Where from there? — A. Home, as straight as I could go. 

Q. What route did you take home? — A. I took the steamer. 

Q. The steamer from Norfolk to New York ? — A. Yes, sir. 

Q. Did anybody take you out of this town in a carriage? — A. No, sir; 
except the driver. 

Q. You went from the Ebbitt to Georgetown in a carriage, did you ? 
— A. Yes, sir ; or the vicinity of the house as soon as I could get a car- 
ringe. There was none standing there at that time of night. 

Q. What time of night was it when you went to Georgetown ?— A. I 
do not know. It was between 12 and 3 o'clock, I should think. 

Q. About what time was it when you went? — A. That is as near as I 
can get to it. 1 know it was after 12 o'clock. 

Q. Who procured a carriage for you? — A. I think I got it. I found 
it down on the stand. 

Q. Did you go down there yourself? — A. The w^atchman went for it, 
but I met him half way. 

Q. Who sent the watchman for it ? — A. I do not remember; I rang 
the bell, I think. 

Q. Who was in your room at the time you left ? — A. I was in my 
room — 1 was in Mr. Storrs's room. 

Q. Who was with him '? — A. Mr. Chittenden. 

Q. Who else? — A. Nobody that I remember. 

Q. Who had been there before that ? — A. O, I guess about a dozen. 

Q. Who were they ! — A. Well, really 1 do not know. 

Q. Give us some of their names. — A. Mr. Storrs's friends. 

Q. Well, who were they ? — A. I do not think I remember a single 
ame. 

Q. Not one? — A. No, sir; I think his brother-in-law was one. 

Q. Mr. Storrs's brother-in-law? — A. Yes, sir; what his name is I do 
not know. 

Q. Where does Mr. Storrs's brother-in-law live ? — A. That I do not 
know. 

Q. Do you know where he stays in this city ? — A. No, sir. 

Q. How old a man is he ? — A. I should think he was about your age. 

Q. What kind of looking man is he? — A. He is a stout man, with a 
mustache and imperial. 

Q. What colored mustache? — A. Dark. 

Q. You do not know his name ? — A. 1 do not really. Storrs told me 
it was his brother-in-law. I think he was there twice while I was there 
in the room ; once in the morning and once afterward. 

Q. How long did you stay in Mr. Storrs's room? — A. Well, I was there 
all the evening. 

Q. How long altogether did you stay there? How long were you at 
the Ebbitt House ? — A. I went there one evening and left the next. 

Q. How much of that time did you stay in Mr. Storrs's room? — A. 
Well, I do not know. I was in and out all the time. My room was not 
far Irom there. I was there some of the time when he was away. He 
has a parlor and a bed-room there. 

Q. Did you stay there most of the time ? — A. Yes, sir ; most of the 
time. 

Q. And when you left this city to go to Georgetown, you left from 
that room ? — A. Yes, sir. 



TESTIMONY OF A. B. KIRTLAND. 1499 

Q. Where was your ba.ii'gafje f — A. At the Washington ITonse. 

Q. You declined to come here for the want of fuiuls, I believe you 
said ? — A. Well, 1 think they ought to have paid my fare. 

Q. Who paid your expenses while you were here ? — A. I paid them 
uiyself. 

Q. Out of whose money? — A. Well, I think it was my own. 
^Q. Did anybody give you any money while you were here.^ — A. I re- 
ceived some mouey while 1 was here from my wife. 

(). Did anybody in this city give you any money? — A. No, sir. 

Q. You received some money from your wife. Did you receive auy 
from any otlier source ? — A. No, sir. 

Q. None whatever? — A. None whatever. 

Q. Did you pay the hack-hire? — A. No, I did not. 

Q. Who did? — A. I could uot get any change in Georgetown, and I 
sent a note to Storrs. I had a flve-dollar bill, and they could not give 
nie any change at that time of night. I do not know whether Storrs 
paid it or not. 

Q. ITow did you get to Alexandria? — A. I drove down there. 

i). ^Mio drove you down ? — A. A man that I hired. 

i). Who was that? — A. 1 do not know. 

Q. Do you know the man who took you down to Alexandria ?— A. No, 
sir; 1 would not know him now, I sup])ose, if I was to see him. 

Q. Was it a hack? — A. No, sir; it was a buggy. 

Q. Where did you get the buggy? — A. It was iu Georgetown. 

Q. At the livery-stable? — A. Yes, sir. 

Q. Did you get it yourself, or get somebody else to get it for you I — 
A. 1 got it myself. As soon as I missed the steamer 1 went to the tirst 
stable I found and got a buggy. 

Q. What time iu the morning was that? — A. It was very early, about 
six o'clock. 1 think the steamer leaves at six. 

Q. From Alexandria how did you go to Norfolk ? — A. I went by the 
cars to liichmond, and from there took the steamer. 

By Mr. Stewart : 

Q. About that agreement that you made with Moore uot to tell this 
thing, you promised not to tell? — A. Well, he merely said when I^ 
offered him a j)ortion of this, says he, " You could not do a more chari-" 
table act. 1 am struggling along here; but if Aleck should know it, it 
"Would ruin me." 

Q. If who knew it ? — A. j\Ir. Shepherd. 

Q. Why ?— A. I do not kru:»w why. '' Well," says I, " I will never 
tell." That was all the agreement there was. 

By the Chairman : 
Q. Did you not tell ? — A. Never to a living man. 
Q. And left no one to infer it ? — A. I would like people to infer all 
that they have a miud to. It rather pleases me. 

By Mr. Stewart : 

Q. Y"ou never told this to any one? — A. Never to a living soul. 

(}. Did you and ]Mr. ^loorc have a talk about this thing when you 
met ! — A. O, we were laughing over it. What a disastrous thing it 
had t«Mniinat('d in, vS:c. ; and 1 told him I did not want to hear anything 
about it ; and he sai<l he didn't; and we talked about other matters, 

(^ You told him that you would not come here and testily .' — A. I 
was here. 



1500 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Yoii told him that you woukl not come before the committee and 
testify about it? — A. I told him that I did not want to. I didn't waut 
the publicity of it. It goes all through our local papers up there, and I 
don't like it. I am willing to state the facts and everything in regard 
to the transaction brietiy and to the point, so far as I know. If I could 
avoid it, as it is disagreeable to me, I would do it. 

Q. At what time did he tell you that if Shepherd should hear of this, 
thnt it would ruin him ? — A. That was at that very time wheu I re- 
ceived the notes and proposed to divide them. 

Q. Still he was willing to takeaimrt! — A. Yes, sir; he thought I 
was making a pretty good thing. 

Q. Did he not claim at that time that he had helped you to make that 
a good thing ! — A. No, sir ; not anything of the kind. 

Q. He did not claim, then, that he had helped you make this good 
thing ? — A. No, sir. 

Q. He did not at any time say that he could be of service to you! — 
A. No, sir; he said he would like to aid me if he could, but he did not 
know where he could. 

Q. He never told you that he had aided you? — A. No ; it was entirely 
out of his line ; on the contrary, he had nothing to do except with the 
store. 

Q. Why did you go to him particularly? — A. I merely went to him 
and told him that I had this contract. I had been in the store every 
day. 

Q. Why did you go to his store every day about a matter of this kind 
— A. That was before I had proposed this thing to him. 1 have knowa 
him for years. 

Q. You never had any conversation with him about contracts before 
this was i:»roposed to you ? — A. No, sir. 

Q. This other contract by which you were to get 60 cents a yard? — 
A. I don't think he knows anything about; that I never spoke to him 
about it. 

Q. Did you not tell Mr. Wilcox that the 40 cents that you were to 
have was to go to Mr. Moore ? — A. No, sir, never; nor to any one else. 

Q. Did you not tell Mr. Wilcox, or give him to understand that Mr. 
^oore had a great influence in giving contracts? — A. I never told him 
anything of the kind. 

Q. Did you ever, in any way, mention Mr. Moore's name to Mr. Wil- 
cox! — A. Mr. Wilcox has seen me in conversation with Mr. Moore. 
I thiidv he has been there at the store with me. I have never mentioned 
his name in connection with contracts. 

Q. And you never mentioned his name in connection with contracts 
in connection with him ? — A. No, sir. I think he knows that I am in- 
timately acquainted with Mr. Moore, and he is an intimate friend of 
mine. 

Q. You had no idea at any of these times that Mr. Moore helped you 
at all ? — A. No, sir. 

Q. Did you not think that you were playing a pretty sharp game ou 
De Golyer and McClellan ? — A. I had nothing to do with De Golyer 
and McClellan at all. 

Q. AVell, with Chittenden, or whoever was to pay the money ; could 
you get this amount of money for doing nothing ? — A. Chittenden was 
perfectly satisfied. 

Q. Suppose he was satisfied, did that satisfy you that you were not 
getting something for uotliing ? He must, of course, have been de- 



TESTIMONY OF A. B. KIKTLAND. 1501 

cdved as to your inHueiice, must lie uot '? — A. Well, I do uot know 
an.vtliiii^" about tbat. sir. 

Q. You do uot tliink a man would give 872,000 when tliere was abso- 
lutely no intluence '. — A. He got the award. 

Q.^ He would not want to pay tliat to persons wbo bad notbing to do 
witb it. He bad Just as liet keep it biuiselt? — A. Well, be did not. 

Q. iS'ow, do yon ])rt*tend to say tbat you do not believe that be bad 
an idea tbat you bad inlluenee? — A. I tbink be did. 

(^. He bad an idea tbat you bad intluence? — A. I tbink be did. He 
interred tbat. He "tumbled to it" from my associations. 

Q. r>nt, as a matter of fact, you did not have any? — A. I never repre- 
sented tbat I bad any. 

Q. As a matter of fact, you did not bave any"? — A. I do uot think I 
bad. 

Q. You did not tbink you bad any tbeu, did you? — A. I never stated 
tbat I bad. 

Q. Y'ou did not tbink tbat you bad any, did you? — A. I did not 
tbink I bad much. 

Q. Y'ou did not believe tbat you bad any influence at tbat time? 

[Tlie witness besitates.] 

Q. Did you, or did you uot, at tbat time tbink tbat you bad influ- 
ence ? — A. Well, I do not know wbat you mean by influence. Wben I 
bad the first talk witb bim, I believe tbe statement of Page, irnd if I 
could bring bim in connection 

Q. Not in regard to Page. He was brougbt in contact witb Page. 
It was not of any con.sequence for your getting Page. He bad an ar- 
rangement witb Page. Now, at tbe time you contracted for it, did you, 
or did you not, tbink you bad influence ? — A. I tbougbt if 1 could get 
tbe contract tbrough Page, tbat was influence, was it not? 

Q. Was tbat Page tbat you referred to when you made tbat contract ? 
— A. Page told me 

Q. Did you not state bere, a little while ago, that you brougbt Page 
to bim before you nnide this contract for 36 cents; tbat was an inde- 
pendent transaction before; afterward he made the arrangement with 
you ? — A. He made an arrangement witb me, but be wanted — I went to 
Page, and Page wanted 50 cents a square yard. Well, tbat was satis- 
factory. 1 wanted to know from Page what I was going to nmke. He 
says I would bave to get it out of Chittenden. So I told him 1 would 
have nothing to do with it; I would introduce him to Chittenden. 

Q. Then you did not get anything out of this influence with Page; 
and then you made a subsequent contract? — A. Subsequent to that I 
did not tbink I had any influence. 

Q. Put you were .satisfied tbat Chittenden thought you had? — A. 
Y^es, sir. 

Q. And you were willing to be in a position of taking $72,000, with- 
out having any influence, be believing you bad. Is tliat the way you 
want to bave it stand ? — xi. I would as lief have it stand that way. 
I got tbe 872,000 in notes. 

Q. You are willing to take $72,000 for nothing if you could make a 
man believe ? — A. I did uot try to make him believe auytbing. 

By Mr. AVilson : 

Q. Why did you go to Mr. Moore .' — A. I had been there every day 
that I bad l)een in town, almost. 

Q. Why did you go to Mr. Moore in regard to this matter ? — A. I did 
not go to him in regard to this matter. 



1502 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Who (lid go to liim with regard to this De Golyer & McClellan 
contract? — A. I mentioned the subject to him among other things. 

Q. Did you go and solicit him to use his influence to help get this 
contract f— A. No, sir; 1 never solicited and never asked him if lie had 
any influence. 

Q. Did you never ask him to do anything for you ? — A. I merely 
asked him "it he knew anything, how the thing was progressing, after a 
meeting of the board, or something of that kind. He knew nothing. 

Q. itow, sir, you uev^er spoke to Governor Shepherd about this f — A. 
No, sir. 

Q. Nor to any member of the board of public works? — A. I do not 
know them, sir. I was introduced to Mr. Shepherd at Jersey City, and 
never had but a few words' conversation with him. 

Q. Did it never occur to you that you, by what you were doing, were 
perpetrating a very great outrage upon Mr. Shepherd? — A. No, sir. 

Q. It never occurred to you? — A. No, sir. 

Q. Did it never occur to you that, by reason of the relations that ex- 
isted between Mr. Shepherd and Mr. Moore, that you were liable to 
idace, and most likely to place. Governor Shepherd in a most unfortu- 
nate attitude before the country ? — A. No, sir ; it did not occur to me at 
all. That pavement had been represented as the tiuest pavement in the 
world ; and they would have made money, and it would have been sat- 
isfactory. 

Q. But here you were going to a man who was intimately associated 
with Governor Shepherd. — A. He was not a partner of Governor Shep- 
herd's then. 

Q. But he was in his employ ? — A. Yes, sir. 

Q. And he was a man who had occupied a somewhat conspicuous 
position in this community, was he not? — A. Yes, sir. 

Q. He had been the secretary of Mr. Johnson? — A. Yes, sir. 

Q. And he had occupied other prominent positions in this community? 
— A. Certainly. 

Q. A man well known here? — A, Yes, sir. 

Q. And he was there in Mr. Shepherd's employment? — A. Yes, sir. 

Q. It never occurred to you by this operation you might place him in 
an exceedingly false position before the country ? — A. No, sir ; it did not 
occur to me. I should never have injured a hair of his head. 

Q. It never occurred to you that by this operation you might do him 
the grossest injustice? — A. I should never have mentioned his name if 
I had staid here for six years. 

Q. But at the same time it was liable to have been mentioned by 
somebody else. You intended to come here, then, and either not men- 
tion his name and tell this conimittee that it was not true, or else you 
intended to refuse to tell the whole truth "? — A. I should have avoided 
answering the question, sir. 

Q. But when you are sworn, you are sworn to tell the truth, the 
whole truth, and nothing but the truth, — A. I understand that, sir. 

Q. How did you expect to avoid that ? — A. I didn't expect to come 
here to injure myself or my friends. 

Q. How did you expect to avoid that obligation that was resting 
upon you? — A. I did not know what would be the questions. 

Q. We have asked you questions here in regard to Mr. Moore. — A. 
He has never been beneftted by a cent of this money, and he has been 
very much injured as it is. 

Q. I understand that, sir; and the probability is that other men are 
going to be very much injured by these things. These things never 
occurred to you ? — A. No, sir ; they did not. 



TESTIMONY OF A. B. KIRTLAND. 1503 

By Mr. Hubbell : 

Q. Dill yon not .qo to Mr. Moore, after you had made tliis arjjfin.jjeineiit 
with -Mr. V.'hittenden, and tell hini that yon wanted his lu'Ip, and inti- 
mated to him that if he conhl help you along in it you would pay him 
some part of the proceeds of your contract ? Did you not give him an 
intimation that you would I — A. 1 do not think I did, sir. Ue did not 
km)w what the transaction was between Chittenden and myself. IL^ 
did not know whether I was getting one or fifty cents. 

Q. Did you not tell him that you had got a good thing, and that you 
wanted him to assist yon ? — A. I di<i, and gave him the evidence of it. 

Q. But before that, after you made the arrangement with Chittenden, 
that you had got a good thing, that you wanted to get this contract 
awarded to De Golyer & McClelhin, and that he would not be a loser 
by it if it was awarded! — A. No, sir; I do not thiidv I intimated any- 
thing of the kind. He is the last man in the world that I should ap- 
proach in that way, I think. 

Q. x^fter you came back from Chicago, after negotiating the first notes, 
did you not go to Mr. Moore and tell him that you had i'eali/>ed so much 
money, and agree or offer to divide with him and give him a |)art of the 
money ? — A. 1 do not think 1 ever offered to divide any money with him 
at ail. I offered to give him a portion of the notes. 

Q. But after that, when you found that you could not negotiate the 
notes, and went to Chicago and sold two of the notes. — A. That 810,000 
is accounted tor. 

Q. But before you disposed of it, did you not go to Moore, and say, 
" Here, I have realized $10,000 or soriie sum on these notes, and I will 
give you a part of it f — A. No, sir ; 1 do not remember of making any 
such proposition. 

Q. 1)1(1 you not make any proposition to him to divide money with him 
that you had realized from those notes ! — A. I told him that the $-J,50f) 
had been paid ; that is the only money. 

Q. But after you had made a sale ? — A. No, sir ; I remember nothing 
of that kind. 

Q. The only thing you ever offered to do was to give him half of the 
notes ? — A. Yes, if I sold them in New York, and deposited a portion of 
the proceeds. 

Q, To his credit ? — A. Yes, sir. 

Q. You took his signature ? — A. Yes, sir. 

Q. Now, at that time did you not give him a memorandum — some sort 
of a memorandum — showing the number of notes and the amount f — A. 
1 do not remember of giving him any memorandum. 

Q. Either witli or without signature! — A. No, sir ; I do not remember 
anything of the kind. 

By Mr. Bass : 

Q. When is Colvin Brown expected? — A. I think the middle of 
Ai)ril. 

Q. What is lie coming on ; what do you expect him on ? — A. 1 do 
not think he is coming at all, he lias made so many ])i'omises. 

Q. He gave you to understand that he is coming here about the mid- 
dle of April. This is May now '. — A. The middle of April, he told me. 

By the Chairman : 
Q. Did you not write a letter to .Mr. Wilcox, dated about the lotli 
of A[nil, trom New York '. — A. 1 think 1 did, sir. 

<^ What did you mean when you said if you did come here and tes- 



1504 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tify that somebody would be hurt ? — A. I do not remember making any 
such stateinent. 

Q. I read to you : 

Friend Wilcox : I received your letter with slip from paper, yesterday. Thank 
you. I presume I shall be compelled to put iu an appearance before the committee. 
Somebody will be sorry. 

What did you mean by that? — A. I expected I woukl be sorry mj- 
self if I did. 

Q. You meant, then, by that statement that you woukl be sorry ? — A. 
My wife, I suppose ; slie is very much worried about it. 

Q. You thought it important to let Mr. Wilcox know that your wife 
■would be sorry, and instead of telling him so, you told him that "some- 
body would be sorry?" — A. Well, I consider her somebody. 

Q. You meant your wife in that statement? — A. I think so, sir. 

Q. You say, " I am perfecting a scheme that will, I believe, knock 
the legs from under a certain crowd." Did you mean your wife when 
you made that statement? — A. That has reference to some other mat- 
ters entirely foreign from this. 

Q. Let me read this letter through : 

Nkw York, April 15, 1874. 
Friend Wilcox: I received your letter, with slip from paper, yesterday, and thank 
you. I presume I shall be compelled to put iu au appearance before the committee, 
but somebody will be sorry. I am perfecting a scheme that will, I expect, knock the 
legs fr<nn imder a certain crowd. I think McC. made an ass of himself. 1 don't know 
what Chittenden will say ; he, too, may develop his ears, and so may your humble 
servant; you can't tell, you know. I bought the Sun, but fail to iiud that interestiug 
cohimn devoted daily to the "board of public plunder." Two very interestiug edito- 
rials on the subject, however, appear, and will, in a measure, satisfy the public of this 
city for the loss of the Washington letter. I am nowhere iu particular and everj"-- 
where in geueral, nowadays ; otherwise, no doubt, I should have received their sub- 
pama before now. But I will soon feel like rising to explain my position. I spent 
Sunday at Greenbush. All very well. I hope you are all well. 
Yours truly, 

KIRTLAND. 
To Hon. G.. H. Wilcox, 

Washington, 

Now, do you mean to say when you use this language, " I am per- 
fecting a scheme that will, I think, knock the legs from under a certain 
crowd," that that had no reference to your testimony before this com- 
mittee? — A. No, sir. 

Q. Eh ?— A. None at all. 

Q. What had it reference to ; what did it refer to? — A. I was trying 
to think. 

Q. Well, if you were perfecting a scheme here, can you not think 
what that scheme was? — A. It had nothing to do whatever with this. 

Q. Nothing whatever to do with this in any way ? — A. O, nothing 
■whatever, in any shape or manner, or anything in Washington or 
near it. 

Q. Well, what did you mean ? — A. If I state it had- nothing to do 
with that in any shape or manner, I think that will be sufficient. 

Q. No, sir ; I think not. I want to know now what scheme you ex- 
pected to perfect on the loth day of April, 1874, in New York, that 
would " knock the legs from under a certain crowd ? " — A. Well, I can- 
not answer that question, because it would injure me. I cannot crimi- 
nate myself. 

Q. Then you mean to tell us that you were perfecting a scheme which, 
if you disclose, would criminate yourself? — A. Atthis present moment, 
yes, sir. The scheme has not been perfected, if it is a scheme. 



TESTIMONY OF A. B. KIRTLAND. 1505 

By Mr. Hubbell : 
Q, What is that ? — A. It has not been perfected, I say. 

By ISlr. Wilson : 
Q. How can it criminate you, then ? — A. It is a business transaction ; 
that is alh 

Q. It woukl not criminate you — something that has not been per- 
fected. — A. If it was perfected I woukl be willing to answer. 

By Mr. Hubbell : 
Q. Would it lay you liable to a criminal prosecution f — A. I think it 
would, sir. At any rate, it would defeat the ends of justice. 

By Mr. Stewart : 
Q. You say that it would criminate you to state what the scheme 
was f — A. Yes, sir. 

Q. It would subject you to criminal punishment : [No reply.] 

By Mr. Wilson : 

Q. Let me ask you a question or two about this letter. "I presume I 
shall be compelled to put in an appearance before the committee, but 
somebody will be sorry ;" that has reference to matters under investiga- 
tion ? — A. No, sir ; that had reference to my wife. He had written 
about my wife. I had been away so long, and she is very nervous at 
the present time. That is all that had reference to. 

Q. So that had no connection with this? — A. No, sir. 

Q. Well, "put in an appearance before the committee;" that had 
reference to this investigation 1 — A. I expect it did. 

Q. "But somebody will be sorry;" that, you say, has no connection 
and no reference to this investigation ? — A. Well, his letter would ex- 
plain that. He wrote about my being in the country, and my wife 

Q. Let us see the letter ? — A. You cannot find the letter ; it is de- 
stroyed. 

Q. Why did you destroy it !— A. What should I keep it for ? 

Q. Why did you destroy it? — A. I destroy all letters. 

Q. Why did you destroy that one? — A. I have no particular reason 
for destroying it. 

Q. " But somebody else will be sorry ;" that has no reference to the 
investigation? — A. Nothing, whatever. 

Q. " I am perfecting a scheme that will, I expect, knock the legs 
from under a certain crowd;" that has noreference to this investigation, 
you say ? — A. None whatever. 

Q. " I think Mac made an ass of himself;" that has reference to this 
investigation, has it ? — A. That is McClellan, I suppose. 

Q. Does that have reference to this investigation ? — A. That has par- 
ticular reference. 

Q. " I do not know what Chittenden will say ; he, too, may develop 
his ears, and so may your humble servant;" that has reference to this 
investigation, has it, and to your testimony here? — A. Yes, sir. 

Q. " You cannot tell, you know. I bought the Sun, but failed to tind 
that interesting column devoted daily to the board of public plunder." 
What does that have reference to ? — A. That is the heading of the col- 
umn. It has reference to this investigation, or to the board of i»ublic 
works. 

Q. "Two very interesting editorials on the subject appear, and will, 
in a measure, satisfy the public of this city for the loss of the Wasliing- 
95 D c T 



1506 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

ton letter ;" that has reference to this investigation, has it ? — A. I pre- 
sume so, sir. 

Q. " I am nowhere in particular and everywhere in general nowadays." 
What does that have reference to? — A. That has reference to me par- 
ticularly, sir. 

Q. Does it have any reference to your keeping out of the way of this- 
committee ? — A. No, sir. 

Q. None whatever? — A. No, sir. 

Q. "Otherwise, no doubt, I should have received their subpoena be- 
fore now." What does that have reference to ? — A. I expected a sub- 
I)cena from here two months ago, but it did not come. My wife was 
very much worried about my coming away. 

Q, "But I will soon feel like rising to explain my position?" — A. 
Well, I think I have. 

By the Chairman : 

Q. You think you have explained? — A. I presume I will have to 
before I get through. 

Q. So you have put into this letter, right in the body of it, and in one 
sentence, some matters that appertain to this investigation and some 
matters that have no connection with it whatever ; that is a fact, is it ? 
— A. That is a fact, as I have stated. 

Q. What was the subject of Wilcox's letter to you? — A. Well, it was 
a general letter. He had some interest in New York. 

Q. He had ?— A. Yes, sir. 

By Mr. Wilson: 

Q. What kind of interest has he in New York? — A. He is engaged 
in a land-improvement company in Brooklyn, at the navy-yard. 

Q. Associated with you in interest ? — A. No, not directly. I am not 
directly interested in it myself. 

Q. Have you and he had any other interests together in this city I — 
A. No, sir. 

Q. Have you had any interest together in connection with a certain 
Indian matter ? — No, sir. 

Q. None whatever ? — A. None whatever, sir. 

By the Chairman : 
Q. Wherein do you think McClellan made an ass of himself? — A. I 
think he has ruined himself as a contractor, and his business in every- 
thing that he did here. He did not do good work, and he has acknowl- 
edged it. 

By Mr. Hubbell : 
Q. " I think Mac made an ass of himself; I do not know what Chit- 
tenden will say ; he, too, may develop his ears, as may your humble 
servant ;" that is all in one sentence ? — A. O, I do not remember what 
he said to me, but it was McClellan's testimony. They felt very sore 
toward the board because they would not extend the contract. I knew 
both of them were incensed. 

By Mr. Stewart : 

Q. You got these notes and tried to negotiate them in New York ? — 
A. Yes, sir. 

Q. Did you go to a bank there to negotiate them ? — A. Yes, sir. 

Q. Where did you go ? — A. I went to Hayden & Co., in Wall street, 
and to the Central National Bank. 



TESTIMONY OF A. B. KIRTLAND. 1507 

Q. To any other place ? — A. Yes ; I weut to a note-broker on I>road 
street — Bogart ; I tried very diligently to sell tbein. 

Q. Then you went to Chicago ? — A. Yes, sir. 

Q. How did you happen to lind Mr. Holmes — who recommeuded you 
to him ? — A. T had an introduction from the bank in Albany. 

Q. You tried to negotiate them in Albany, did you "? — A. I believe I 
did. 

Q. Then you went out and met Mr. Holmes. Did you see anybody 
else in Chicago ? — A. I saw some of my friends there. 

Q. Y^ou told them there you had the notes — showed the notes to them, 
all around? — A. Xo, I do not think 1 did. 

Q. You told them you had them, and tried to negotiate them ? — A. 
No, I do not know as I did that. I made friendly calls ; I only weut 
to the Commercial Bank — that was De Golyer's own bank — and to 
Holmes's bank. 

Q. But you went to New York, Albany, and Chicago, trying to nego- 
tiate these notes ? — A. I do not think I tried to dispose of an^' in Al- 
bany. I knew there was nobody there that would take any such amount 
of money. 

Q. Y'ou did not make it any secret that you had the notes ? — A. No, 
sir ; not at all. 

Q. Did you not know that negotiating these notes would necessarily 
lead to the fact you had received them in Washington from a con- 
tractor ? — A. I stated the fact that it was a bonus. 

Q. That you had received them from a contractor as a bonus for your 
services? — A. Yes, sir; I stated that fact to every bank that I went to. 

Q. That you received them as a bonus for negotiating a contract in 
Washington ? — A. Y'es, sir. 

Q. Whom did you state that to, that you received them as a bonus? — 
A. I do not know; but to anybody that thought it was singular that I 
should have so much. 

Q. They all thought that it was singular? — A. Yes, sir; my having 
so much of one class of paper. 

Q. And you told them that you received them as a bonus from a 
contractor whose contract you negotiated? — A. I do not know as I told 
them that. I told them it was a bonus paid for a contract. I did not 
say that I got it or who got it. My name does not appear on the notes. 

Q. Y'ou say that Governor Shepherd was to have no part of that 
bonus? — A. None whatever, sir. 

Q. No member of the board of public works was to have it? — A. 
None whatever. They were my notes absolutely. I considered myself 
the entire owner of them, to act and do just as I pleased with them. 
None of them ever profited by one farthing. 

Q. Did they not all think it was very strange that there should be 
this large bonus of .$72,000 in your hands of notes for obtaining a con- 
tract ? — A. O, I do not know that. 

Q. Was it not the necessary inference that somebody must have been 
corrupted ? — A. O, I do not know, sir. 

Q. If Governor Shepherd did not get any portion of this, did you 
not know that this was a great outrage upon him to be taking these 
notes around as a bonus? — A. I do not know why Governor Shei)lierd 
should be hurt. 

Q. lla\'e not the newspapers taken it as a necessary consecjuence, 
and charged the board of public works with corruption? Did you not 
know that that was the necessary consecpience? If a man came to yo^i 
with $70,000 of notes for a contract that he had negotiated, would you 



1508 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

not think there was something wrong about it^ — A. This measure 
passed through Congress, and there was a large amount of money used. 
Is the inference President Grant got any of it ? 

Q. That makes no difference. Did you not tliink it tended to degrade 
the board of public works ? — A. No, sir ; I did not. 

Q. You did not think so ? — A. No, sir ; and I do not see why it should. 
If these men did not do tkeir work properly, they ought to hav^e stopped 
them, as they did. 

Q. You did not tell them that this money was coming to yon individ- 
ually, but that it was a bonus for getting the contract that had been 
negotiated here in Washington ? — A. When I sold the notes, I had to 
be identified as the owner of the notes before the man would buy them. 

Q. You were identified by Holmes as the owner of the notes ? — A. 
Yes, sir. 

Q. And you told him that they were the bonus for the negotiation of 
a contract ? — A. I told him that they were a bonus for a contract. 

Q. Did he ask you to whom the money was going ? — A. No, sir. 

Q. You say that that act could have been done without any injustice 
to Governor Shepherd or the board ? — A. I think so ; I am sure I did 
not wish to injure them. 

Q. You are confident that that act of itself was not the most terrible 
injury to them, without being explained? — A. I cannot see it in that 
light at all. 

By Mr. Bass: 

Q. Did you know McClellan here in Washington f — A. I met him ', 
yes, sir. 

Q. Did you ever converse with him? — A. Yes, sir. 

Q. He knew your relations to Chittenden, did he? — A. I do not 
know anything about that. We never had any conversation with re- 
gard to that. 

Q. Did you ever go to Governor Shepherd's store in company with 
Mr. Chittenden to see Colonel Moore ? — A. I don't remember of ever 
going there with liim ; no, sir. 1 think he has stopped outside in a car- 
riage, or something of that kind, when I went in. 

Q. Is that the fact, that he stopped outside ! Do you recollect occa- 
sions of that kind in the course of doing this business f — A. Well, I am 
not sure. 

Q. Yourobjectof course was — and it is perfectly evident to all of us — 
to make some money out of this if you could. That was your desigu. 
You, of course, were trying to do it in the most adroit way, T suppose, 
that your ingenuity would suggest. For the purpose of carrying out 
that plan, did you, as a part of your arrangement, go with Chittenden 
to Mr. Shepherd's store and leave Chittenden outside, you going in and 
having an interview with Colonel Moore and coming back, for the pur- 
pose of inducing Chittenden to believ^e, or letting him infer, if he saw fit, 
that you had personal relations with Colonel Moore ? — A. I was per- 
fectly willing that he should infer that. 

Q. Well, now, frankly, was that one of the little artifices that you 
adopted in that business ? Say frankly, for you say you are inclined to 
be frank about this. — A. I did not care what he inferred. Purposely, 
I do not believe I would deceive him in that way. 

Q. Did you do that as a matter of fact; did you go with him to the 
store, and leave him in a buggy and go in and have a private confer- 
ence, and go back to him ? — A. My interviews with Mr. Moore were very 
short. 



TESTIMONY OF A. B. KIRTLAND. 1509 

Q. But (lid yon do it iu that way, by leaving Chittenden ontside and 
yon going m and having an interview with Colonel IMoore and retnrning 
to Chittenden ? — A. 1 do not remember that I ever did anything of the 
kind. I might have gone there, and he might have stopped in the car- 
riage, and 1 might have ran in. 

Q. During this application for the contracts was Colonel Moore ad- 
vised at any time that there was some money, more or less — I do not 
care abont that — to be made ont of obtaining the award? — A. No, sir; 
I do not think I spoke to him about that. 

Q. l^ow, that being so, if that is true, when you returned from Chi- 
cago, and had this quantit^^ of notes in your possession, and went to 
Colonel Moore and exhibited notes to him, did yon then advise Colonel 
Moore of the source from which the notes came? — A. 1 think 1 did. 

Q. What did he say ? — A. He said he thought it was a big thing. 

Q. Did he express any surprise about it ? — A. Well, I do not know 
that he did. 

Q. Now, what did he say? — A. He says, "If you make that every 
year it will spoil you," or something of that kind. Well, I said 1 would 
go halves with him. 

Q. Then he knew at the time that that was a bonus received for the 
McClellan & De Golyer contract? — A. Yes, sir. I do not know that; 1 
stated the fact to him, however. 

Q. Did he express any surprise ? — A. I think he did. 

Q. Must he not have known, before you got those notes, that you 
expected to make money out of the getting the award ? — A. He did not 
know what portion of those notes I was going to have ; he does not 
know to this day, I suppose. 

Q. Assuming that was so, did he then, before the award was made, 
from these interviews with Colonel Moore, understand either by intima- 
tion or by direct information that money was to be paid, because of the 
award ? — A. No, sir. 

Q. Then you say that the first knowledge, so far as you know, that 
Colonel 3Ioore had in fact of even any such arrangement, was when you 
exhibited the notes to him ? — A. Yes, sir. 

Q. Did Mr. Chittenden, to your knowledge, have any private interview 
with Colonel Moore ? — A. Not that I know of. 

Q. Did McClellan know that you bad any association with Colbnel 
Moore '?^A. Not that I know of. 

Q. Did you have any information, while you were here negotiating 
contracts, that any member of the board of puljlic works from any source 
was receiving, or was to receive, money as a consideration for awarding 
contracts to any particular person or persons? — A. No, sir; I have no 
knowledge of anything of the kind. 

Q. Did you have any information that any other person or persons 
were negotiating contracts and receiving bonuses? — A. No, sir. 

Q. Did you have any information on that subject, that any other 
person or i)ersons who were engaged in the business or were, in tact, 
negotiating any contract or contracts, and, as a consideration for receiv- 
ing the award, were to receiving a bonus! — A. Well, I can't exactly 
comi)r('hend the question. Page told me that he wanted fifty cejits a 
square yard. 

Q. Tliat Page wanted iti— A. Yes ; that Page wanted it. Whether 
lie got it from any other source or not I do not, know. 

Q. Was there any other jjcrson that was negotiating contracts, so far 
as you knew — any parties who were doing as you were, who were in this 



1510 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

city negotiating contracts upon a bonus?— A. I^o, sir; I do not know 
of any. 

Q. 'Were there other persons here, as you were, engaged in this busi- 
ness "? — A. Not that I know of. 

Q. Did you have any correspondence with McClellau on that sub- 
ject"? — A. Never, sir. 

Q. Did you have any correspondence with Chittenden on this sub- 
ject? — A. 1 do not think I ever did. 

Q. Did you get any letters from Chittenden f — A. Not in reference to 
this. That is, until after they had failed to comply with their contracts. 

Q. Did you write Chittenden any letters?— A. I have written him 
friendly letters. 

Q. At about that time ? — A. I never attended to this matter of the 
contracts. 

Q. Did you draw on Holmes for $1,200 after this thing was all 
over ? — A. Yes, sir. 

Q. And received the money for that ? Now, do you say that you 
were never advised or have no information that any member of the 
board of public works was in any way corrupt or being corrupted in 
reference to the award of contracts ? — A. Never, sir. 

Q. When and where did you first learn that this contract had been 
awarded ? — A. I think I learned it at the Arlington Hotel. 

Q. Who advised you ?— A. I think it was Brown. 

Q. What did he say at that interview ?— A. I think I went into Mr. 
Chittenden's room soon after that. Mr. De Golyer was there. 1 think 
Chittenden was out. He had gone up there to get the award. It was 
known there that the award had been made. He came back soon after- 
ward with it in his pocket. 

Q. Who did?— A. Mr. Chittenden. 

Q. De Golyer then left for Chicago, did he ?— A. Yes, sir. 

Q. Chittenden remained some days ?— A. Yes, sir ; I believe he did. 

Q. Now, then, when and where did Chittenden and you settle the 
terms of the contract between you and Chittenden as to how much you 
were to have hereafter ?-- -A. liiglit there, I believe. 

Q. At that time, when it was determined that you were to have 
$72,000, vou must have figured up and ascertained what other expendi- 
tures there had been?— A. He said he had been to certain expenses, 
and I ^Yas satisfied to let him deduct it. 

Q. Who first suggested the employment of Parsons?— A. I do not 
know wh5 first suggested that, sir. 

Q. You know of the employment of Colonel Parsons ?— A. Yes, sir. 

Q. When did you first know of that ? What took place concerning 
it?— A. I do not remember what took place. He was considered a 
well-known man here, and knew Governor Cooke very well. 

Q. What further?— A. 1 suppose he was employed to interest him- 
self with Governor Cooke in the matter. 

Q. Do you recollect whether that was done at your suggestion or not ? 
— A. I do not remember. 

Q. Did you know Parsons personally ?— A. No, sir; I did not know 
him personally. 

Q. Were you, while you were at the Arlington, accustomed to take 
your meals at the same table with Colvin Brown and Chittenden ? Did 
you sit at the same table? — A. Yes, sir. 

Q. During these several months ? — A. Yes, sir. 

Q. Who else occupied a seat at the table?— A. A portion of the time 



TESTIMONY OF A. B. KIRTLAND. 1511 

the surgeon of the Japanese embassy — I have forgotten Ids name. He 
ha<l the fonrtli seat. 

Q. With whom M'ere you associations here in Wasliington at that time 
besides with Brown and Chittenden! — A. No one in particular. 

Q. Were you a member of any club here?^ — A. I never Avas in a club 
but once or twice in my life — not in a Washington club. 

Q. You belong to no club ? — A. No, sir. I think I have never been 
there twice in my life, and that was daring the last year. 

Q. Your family were not here at that time, were they? — A. No, sir. 

Q. Then with whom were you accustomed to associate! — A. I had no 
particular associates. I knew a good many people in Washington, and 
passed the time as I would in any other strange place. 

By the Chairman: 
Q. What brought you here in December? — A. I came here at the in- 
stance of parties in Greenbush, for the purpose of starting a national 
bank there. I heard that banks had been started here and procured 
currency, whereas our quota had been exhausted. I wanted to see if 
that was so. I went to Mr. Huntington and General Porter and Mr. 
Hulburd, who was then Comptroller of the Currency. That was the 
object of my visit here. 

By Mr. Bass : 

Q. Did you have any arrangement, definitely or indefinitely, with 
reference to securing any other, or were you interested in obtaining the 
award of any other contract at that time besides the De Golyer & 
McClellan contract? — A. Only with that, which I had almost forgotten 
about, because I was doing it for other parties. 

Q. Do you mean of O'Conner & Shanley ? — A. Yes, sir ; and Reed. 

Q. Did you take any steps or make any efforts with reference to 
getting any other contracts ? — A. Nothing. I only told them that they 
must i)ut in their application and let it take its chances. 

Q. Did you have any arrangement to receive any bonus or compensa- 
tion for getting any other contract than these two that have been 
spoken of? — A. No, sir; not at all. 

Q. Did you ever receive any notes or obligations, or value of any kind 
whatever, for service in securing any other contract ? — A. None what- 
ever. 

Q. Did you have any acquaintance with any member of the board of 
public works? — A. No, sir. 

Q. Did you have any bank-account here in Washington ? — A. Simply 
that one with Riggs & Co.; but that was drawn out in one check. 

Q. Any other bank-account ? — A. No, sir. 

Q. Did Colonel INIoore at any time intimate or give jou to understand 
that he could procure the award of a contract "? — A. He said it was out 
of his line entirely. 

Q. Did he give you, at any time, any information that he could be 
influential in securing the award of this contract? — A. No, sir; he knew 
the clerks up in the office, and all 1 ever went there to ask him about 
was what had been done at the board — whether contracts had been con- 
sidered or any award made. 

_ Q. Did Colonel Moore, then, as a friendly act, as you say, for you, 
either go or give you to understand that lie had been to any of the 
clerks to ascertain what the condition of this application was? — A. I 
thifik he went up there with me once. 

Q. To the board of public works ? — A, Yes, sir; to the secretary. 

Q. Mr. Johnson was the secretary 1 — A. Yes, sir. 



1512 AFFAIES IN THE DISTRICT OF COLUMBIA. 

Q. Did you see Mr. Jolinson with him ? — A. Yes, sir. 

Q. What took phice at that interview ? — A. We merely asked if 
there had been any award made, and Mr. Johnson said no. 

Q. You were introduced to Mr. Johnson at that time ? — A. Yes, sir. 

Q. Did you meet Mr. Johnson upon any other occasions? — A. I met 
him several times, but he does not know me. He has never recognized 
me, and I presume he does not know me. 

Q. Did Colonel Moore ever go with you more than once I — A. No, sir. 

Q. Did he ever go with you to see any other person or persons ? — A. 
No, sir. 

Q. You knew or were advised of the fact that Colonel Moore was not 
merely a book-keeper of Governor Snepherd, but that he had had a 
long and intimate personal acquaintance with Governor Shepherd "? — 
A. I did not know anything about that. He told me he was struggling 
along as a clerk. 1 knew him when he was in the War Department, 
and knew him when he was secretary to President Johnson intimately, 
and when I came here I called on him. 

Q. Did you know the fact further that he was deemed an intimate 
and warm friend of Governor Shepherd f — A. No, sir ; he was working 
for a position as i)artner up there. That is what he told me, and he 
was working hard. 

Q. When you left town the other day, and in connection with this in- 
vestigation, you knew that you were to leave. Who did you advise of 
the fact that you were going and would not testify I — A. I do not think 
anybody. 

Q. Mr. Storrs must have known? — A. No, sir; I do not think lie did. 

Q. Colonel Moore knew? — A. I told him' that I thought I was going. 

Q. What did Colonel Moore say ? — A. "Well," says he, " Aleck wants 
you ;"' "but," says he, "it you do not like the i)ublicity of it, let it stand 
as it is." His name had not been mentioned then. 

Q. Colonel Moore's name had not been mentioned ? — A. No, sir. 

Q. He said that Governor Shepherd Avanted you, but as nothing had 
been disclosed about this, you had better let it stand as it was ? — A. 
He did not say anything about that. I told him I disliked very much 
the publicity of it, and I thought I would clear out. I came here, how- 
ever, to testify. I told him that, and I kept quiet for two or three days 
until Chittenden got through with his testimony. 

Q. Now, you have told the committee that you did not perceive the 
impropriety of Colonel Moore's connection with this originally, yet, for 
the purpose of preventing the disclosure of Colonel Moore's name, you 
were willing — for that is the only person to whom you could say any- 
thing — yet for the purpose of i^reventing that disclosure, you were will- 
ing to run away and evade process? — A. I did not run away; I sup- 
posed you would get tired, and quit without me. 

Q. Wait a moment. You say you did not perceive the impropriety 
of Colonel Moore's connection, but for the purpose of evading the ne- 
cessity of disclosing his name, you went away from the Bbbitt House 
under an assumed name, went to Alexandria, and a roundabout way 
home. Did you not do that because you knew that your connection 
with Colonel Moore was an improper connection and a disgraceful 
one? — A. No, sir; I did not consider it so. 

Q. Why did you evade process and run away, for the purpose of pre- 
venting a disclosure of his name"? — A. I did not run away. He was 
not a partner in the concern. 

Q. Did you not say that you designed, when you testified, to fail to 



TESTIMONY OF A. B. KIRTLAND. 1513 

say anytliing- about Colonel Moore or his comiectioii with it, his name 
not having been disclosed ? — A. 1 had promised him that 1 should not. 

Q. Where did you stay in Georgetown ?— A. I do not know whether 
I registered there or not. 1 staid a few hours at the Union Hotel. 

Q, What name did you pass under there?— A. I don't remember. I 
know that I registered' there. The steamer was to leave, I think, at 6 
o'clock. My throat had been troubling me, and I was going to take a 
trip around. I know the captain of the steamer very well, and prom- 
ised to take a trip with him. 

Q. Did you write a letter from Georgetown to any person ? — A. Yes, sir. 

Q. To whom ?— A. I wrote a letter, I think, to my wife, and one to 
Colonel Grayson. 

Q. Any other person "? — A. No, sir. 

Q. Did you advise Mr. Grayson where you were going*? — A. No, sir. 

Q. What did you say in that letter to Mr. Grayson? — A. I asked him 
to go to the Washington Hotel, and inclosed a sum of money to pay 
my bill and forward my things to my home, together with some other 
things that I had in the room. 

Q. And told him to forward your baggage? — A. 1 think so. He has 
some horse-blankets, and one thing or another. 

Q. You told him to pay the bill, get your baggage, and send your 
baggage home to Greenbush, where you live? — A. Yes, if I remember 
rightly, that is what I said to him. 

Q. bid you say anything to Mr. Grayson in reference to returning 
to this city? — A. Yes, sir; I told him t had not gone far, and would 
return — I do not remember what I did say about that. 

Q. Did you say anything to him with reference to how he should 
send your baggage ? — A. No, sir; I think I gave him instructions be- 
fore I left him. I have some things here, horse-clothing, &c., that I 
gave him instructions to send. 

Q. Did you say anything to him about keeping your things, or when 
he should send them ? — A. I do not remember what I wrote in that 
letter, but I know the purport was to pay my bill and take my things. 
I think before that I had instructed him to send those things to New 
York ; whether it was to send those things along or not, I do not know. 

Q. Did you get a copy of the subpoina which was left for you in New 
York f — A. No, sir. 

Q. Did no other person besides Mr. Christy ever hand you, or did you 
find a copy which was left for you there ? — A. No, sir ; I got two tele- 
grams. I got one when I got there the other day. 

By Mr. Wilson: 
Q. When you got to New York the other day ? — A. Yes, sir. 
Q. From whom ? — A. I sent to my sister's house for it, and it came. 
Q. From whom did you get the telegram? — A. Mr. French. 

By Mr. Bass: 

Q. What has been your business heretofore? — A. I have been in 
various businesses. 

Q. What ?— A. In a bank. 

Q. What bank? — A. The Bank of the Interior, at Albany. 

Q. When were you there? — A. I was there from its organization 
until they failed, at the breaking out of the war, I think. 

Q. Where have you been since that, and in what business? — A. I 
have been in the Army, and 1 have been in the mercantile business iu 
the South. I have been on a farm of late years. 

Q. The farm at Greenbush ? — A. Yes, sir. 



1514 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did you, in addition to the real estate of which you liave spoken 
— 300 feet on Wabash avenue, on the corner of Forty-second street — re- 
ceive any other real estate in Chicago ? — A. Yes, sir. 

Q. Why have you not mentioned that here before ? — A. Because the 
house has been sold. You asked me what I bad. 

Q. When did you receive the other real estate there? — A. At the 
same time. 

Q. At the same time you received the 300 feet ? — A. Yes, sir. 

Q. What was the other real estate ? — A. It was a small house and 
lot on Michigan avenue. It was sold, and I do not believe it brought 
the incumbrances. 

Q. Sold on what *? — A. Sold for taxes, or interest on the mortgage. 

(^. How much did you take that real estate at? — A. $16,000, I think 
it was valued at. 

Q. Exclusive of incumbrances ? — A. O, no ; it was heavily mort- 
gaged. It did not sell for the mortgage, I understand. 

Q. When were you, in fact, subpoenaed ? — A. Day before yesterday. 

Q. Whereabouts, in New York 1 — A. At the Gilsey House. 

Q. You were stoi)ping there, were you 1 — A. I^o — yes; I was stopping 
there. I had no room there. 

Q. Had you registered there ? — A. No, sir. 

Q. Had you registered anywhere after reaching New York ? — A. No, 
sir ; I met Mr. Christy at the telegraph- office. 

Q. When did you reach Washington ? — A. I got here this morning. 

Q. And went to Willard's Hotel ? — A. Yes, sir. 

Q. Have you had any interview with any person connected with the 
investigation since you reached this city to-day "? — A. No one except 
Mr. Storrs, if he is connected with it in any way. 

Q. Where did you see Mr. Storrs ? — A. I went over to his room. 

Q. And found him in ? — A. I found him in bed ; yes, sir. 

Q. You had an interview with him? — A. Yes, sir. 

Q. How long did it last ? — A. But a few minutes. 

Q. What was said and done there? — A. He said he was devilish glad 
to see me; that is all. He said he thought he would get home now. 

Q. Did you see Mr. Chittenden ? — A. No, sir. 

Q. Did you see any other person beside Mr. Storrs ? — A. No, sir. 

Q. Have you seen Colonel Moore ? — A. No, sir ; I have not seen any- 
body connected with it whatever, who has been on the stand in any 
w^ay or shape. 

Q. You were subpoenaed night before last, you say ? — A. Yes, sir. 

Q. Where did you go then after you were subpoenaed ? — A. I told Mr. 
Christy that I would like to go home and stay until Monday. He said 
that would not do ; that the committee were waiting for me ; and he 
said he would wait for me if I wanted to go home and stay one day and 
come back in the evening. 

Q. You did go home and then you met him in New York on your re- 
turn ? — A. I met him last night, as I stated. 

Q. Did you, after you were subpoenaed, before coming to Washington, 
send any telegrams to this city ? — A. No, sir. 

Q. What do you say ? — A. No, sir. 

Q. Did you receive any telegrams from this city ? — A. No, sir. 

Q. After you left the Ebbitt House, when you were there under the 
name of Hogle last week, did you receive any telegrams up to this 
time ? — A. 1 do not remember. 

Q* Do you mean to say that you cannot tell whether you received 
any telegrams from Washington after leaving the Ebbitt House last 
week ? — A. No, sir ; I do not think I did. 



TESTIMONY OF A. B. KIRTLAND. 1515 

Q. Have you any lcnowle(l?:e on that subject ? — A. I do not remember 
that I received any dispatch or any letters. If it was it was from Colonel 
Grayson. I do not remember whether it was a dispatch or a letter. 

Q. Where did you receive that ? — A. I was in Kichmond, if I did 
receive it. I am not sure whether I received any or not. It was in 
Kichmoiul or Norfolk — liichmond, I think. 

Q. Do you think you did? Is it your impression that you received a 
dispatch or communication from him; and, if so, where was it? Was it 
Kichmond or Norfolk f — A. That I cannot remember. 

Q. Did you, upon reflection, send any dispatch yourself to any per- 
son in this city after leaving the Ebbitt House ? — A. I do not remember 
whether I did or not. 

Q. What is your impression "I — A. I do not remember of sending any, sir. 

Q. Did you receive a dispatch or letter from Mr. Grayson ? — A. I am 
not positive on that subject, whether it was a dispatch or letter. I 
think I received some word from him. 

Q. Was that at Richmond or Norfolk? — A. It was not at Norfolk. 
He did not know that I was going to Norfolk. 

Q. Then it was Richmond, was it ? — A. Either Richmond or Alexan- 
dria ; I am not positive which. 

Q, How long were you in Alexandria ? — A. I was there one day. 

Q. Where did you stop there ? — A. I stopped at the Mansion House. 

Q. How did you register there ? — A. Hogle, I think. 

Q. How was the communication addressed to you which you received ; 
by the name of Hogle, or your own name ? — A. That I do not remember. 

Q. Can you now tell the committee whether it was a letter or tele- 
gram ? — A. I do not remember- 

Q. Was it by private messenger? — A. No, sir; I do not know how it 
came. I think it was a letter. I do not think it was postmarked. 

Q. How did it reach you, if it was a letter, not being postmarked? — 
A. It came to the hotel. 

Q. What day was that ? — A. It must have been Saturday. 

Q. Did you see any person who bore any letter, or dispatch, or tele- 
gram to you received at the hotel ? — A. Do you mean handed to me ? 

Q. Yes, sir. — A. No, sir. 

Q. Left at the hotel ? — A. I received it there ; yes, sir. 

Q. It was brought to you by the servants of the house ? — A. No, sir ; 
I received it at the office. 

Q. At the counter of the clerk of the hotel ? — A. Yes, sir ; I presume 
he was a clerk or the proprietor. 

Q. Have you that communication with you ? — A. No, sir. 

Q. What did you do with it? — A. I destroyed it. 

Q. At the time? — A. Yes, sir. 

Q. What did that say ? — A. It was an acknowledgment of the receipt 
of 625, I think, or something of that kind, and would attend to it, and 
all letters. I expected letters from my wife. That is the only reason, I 
presume, that he communicated with me. 

Q. Have you received any other communication besides that from 
this city ? — A. No, sir ; none whatever. 

By Mr. Hubbell : 
Q. How did he know that you were at Alexandria? — A. I wrote him 
from Georgetown, an<l I told him that the steamer would stop there 
until 12 o'clock; but I missed the steamer at Georgetown, and also 
missed her at Alexandria. 



1516 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Bass : 
Q. How many communications did you write Mr. Grayson ?— A. Only 

Q. In that communication, then, you advised him that you would be 
at Alexandria, and he could communicate with you there !— A. I think 
I wrote to him that I was to be at Alexandria until 12 o'clock ; that I 
had not gone far, or something of that kind; to communicate with me 
at Alexandria, if there were any letters. t .1 • , t 

Q. By the name of Hogle ?— A. That I don't remember. I think I 
registered there as Hogle. 

Q. Did you advise him to communicate with you at Alexanciria Dy 
the name of Hogle "?— A. That I do not remember, sir. 

Q Do you know of Mr. Grayson having any contract m this city 1— 
A. No, sir ; I know that he has none. That is my impression. I do 
not know all his business, but I judged that. 

Friday, May 1, 1874. 
Committee met pursuant to adjournment. 

The journal of the proceedings of yesterday was read and approved. 
E. B. TowNSEND sworn and examined. 

By Mr. Mattingly : 
Question. State to the committee what your position is under the 
board.— Answer. Superintendent of property. 

Q. State what the duties of your office are, and explain fully its oper- 
ation.— A. I am charged with the responsibility of receiving all of the 
material which the board is using on these public improvements, and 
issuing the same to contractors ; keeping a correct account, of course, 
of all issues, and reporting to the auditor the amount issued against 
individuals or contractors. 

Q. State what the duties of superintendents were.— A. ihe duties ot 
superintendents was to have charge of the work while in progress ; to 
ascertain the quantity and quality of material on the streets which was 
fit to be reused ; to see that the same was reused in the progress ot the 
improvements, and such as could not be reused they were instructed to 
turn over to the superintendent of property, taking his receipt for the 
same, or to the individuals, if they chose to retain it on their prop- 
erty, or dispose of it as they saw fit. And they were instructed 
to take such inventory of the property prior to the commencement ot 
the work, and make a return of the same to the engineer office. 
By Mr. Merrick : 
Q. What is the date of that?— A. The date is not here. 

By Mr. Mattingly : 
Q. Do you remember about the date ?— A. I do not recollect distinctly. 

By the Chairman : 
Q. What are those ?— A. They are instructions to special superin- 
tendents, signed by the vice-president. 

Q Where was that published ?— A. It does not state the paper ; in 
one of our daily papers. It was published for the information ot con- 
tractors who might not receive orders direct from the board. 
By Mr. Mattingly : 
Q. Have you any blanks showing the operation of your office I If so, 
explain them to the committee.— A. This blank [indicating] was adopted 
at the time to enable superintendents to comply strictly with the terms ot 
that order. 



TESTIMONY OF E. B. TOWNSEND. 



1517 



•ureal f 
JO Qnij \ ■ 
asnog; ) 

•OTBtal 
JO daj[ \ - 
9snoH ) 



•nreiu f 
JO 9Utl > - 

esnoH ) 

•m-Bui ^ 
joonji ^ . 
aenojj ) 

■ureni f 
JO 9a;i \ - 
OBnoH ) 

•urera f 

JO eaii \ - 
99nojj > 



•poo£) 



•paoo 



•poo£) 



•pnoo 



•pooo 



•pnoo 



■pooD 



■p9UttI9puO0 



•^o[ JO 93maoj^ 

•;oijoo^ 

•9JBnbs JO -o^ 



•cr-= 



O J 

c o 









cS >j 








a a 




— o 




w =3 








C tH 




'Ss 




a:3 




« 




15 =» 












?-( i:« 




s a 








;:^ "*> 




CO qj 




— J 




a -tJ 








.^-a 




-s, « 








QC-a 




> 








<1 a 




® 




J^ 




>j 




ti a 




« fe 








&4 a> 




a^ 




-*-^ 




^tJO 




c5 a 




.-fa-S 


• • 


'^^ 


^ 




< 


o^ 


^ 


(K ;3 












r; ^ 






"^ — < 


O 


a* -a 




-M -" 


o 


= o 


^ 


•r- a 


T-l 








L'. 


;^ ■/; 


M 


s ■'"' 




OJ CO 



1518 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



9nop j[aoAi JO i^^ox 



•a^ijp 0% jo|.i(i 
9nop 31J0M jo'iB^ox 



•q^uoni aqi 
SnuTip enop ^jom 



""3 rs hi) . 

r-3 .S OJ C 3 C J5 2 

JS'S S n a: « '^ a> 
"t fr^ t> S ttttns w 

iS2 



5 « c3 > a .5 n ^ 
S a i=<^'E K cs 



•s -3.9.9.2 to « m 
.5 t, >, p^. t.- a c a 

a a " " " '-S Vs '^j 






^.a.J3 

o o o 

a a a 



a a a 
o o o 
o o o 



C5 '-' » 






f^ _« 



,^5;oottMioooocJooo 



XXX J"! 



,TS t-- -I « 



» ° o^^ I I I I -T-^'-i'-^-g 

C_, t.( Lj i^ '^ *^ ® ^ © Q^.^.O,®.3^rr- t^ t-4-*^+34J+34^ 

p- t*5 !>j >,-5 tS MtcbltxMMMbJttS ^.;^.^.«^c^52t2 

©®<D©oioaaanaaact^^[j)^^^j^^^ 
S3 J3 i: b - ^ 'a 'a 'a 'a a "5 'a 'a 2 53 i; ^ « 'S c! « n 
s a a a a s g a _ a a „ a a ^ 3 s g ^g a a P ^g 



a Q ai 



cs o S S u =s 
^ ^ a g-2 a > 

. a o I "^ fe I u 

I I c jj a P-4J ® 

; I ^ !C cS ■" O a; 

: ^ c8 fci-S n fct a 
■~ l>>g ot^ a >> 

S3 aft-; 



Sa2 
i^« a 3 
~ a »SS. 3 3 
1-3 O P5 02 i> Ph O 



•pa«q no 



•pasa 



•pejjajen'BJX 



•qinotn 
eqi. Snijnp paAiooag: 



•puBq no 



■SB, 



TESTIMONY OF E. B. TOWNSEND. 



1519 



For such material as was removed to the property-yards, the follow 
iDg form was used : 

Dai^y report of old material collected under the supm-vision of . 



Description. 



Condition 



Quantity, 



Estimated 
value. 



Where taken from, 



DoUs. 



Cts. 



Where deposited, 



Ken] arks. 



loads old material, from - 

containiiifc : 

feet curbing. 

foet gutter-stone. 

feet bridge-stone. 

loads cobble-stone. 

loads broken stone. 

Js^o. brick. 



street • 



-, between ■ 



Wasiuxgton, D. C, 
— and streets, square No. 



■ — 187-. 



Driver. 



In case the property-owners desired to retain their old material, which 
they were at liberty to do, this certificate or receipt was taken from 
them, simply certifying to the fact that they had retained in tlieir pos- 
session the old material in front of their property. 

rp, . . ^ ,.^ , ^, Washington, D. C, 187:2 

This 1.S to certify that I have retaiued— ' ' 

feet old curbiug. 

" gntter-stone. 

sq. yds. cobble-stone. 



No. 



brick. 



Located in front of my lot, No. 
and streets . 



square , street, , between 



That is the form that was used in all claims for drawbacks for old 
material removed or reused. 

Office Cihef Engineek Boakd of Puhi.ic W^okks, Sui'ekintendents' Branch, 

■r, . . ,, Washington, D. C., 187- 

_Ke.sp^ec_tM|,retu™e^^^^^^^^^ of lot Ko. -.'square 



Description. 



Quality. 



Quantity. 



Disposition. 



Kemarks. 



Ohi^ Clerk, Supcrintcndentu' Branch. 



1520 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



By Mr. Stewart : 
Q Do you keep a set of books ?— A. I do, sir. The property has been 
received at the board and inspected by an inspector or inspectors, ap- 
pointed by the board, who has returned the same to the office of the 
superintendent of property, in the following form : 

OFFICE SUPERINTENDENT OF PROPERTY, BOARD OF PUBLIC WORKS. 



Abstract ■ 



■of- 



received hy superintendent of iivojyerty on the day of ■ 



,187 — 



jSTame. 



Remarks. 



Total rec'd 



pqM 

'-'2 



Ft. In 



M« 



Ft. In 



Ft. In. 



22 



Ft. In. Ft. In. 



Ft. 



Ft. Ft. 



Ft. 



The property-yards are required to return to the office a daily report, 
showing the total amount of their issues aud receipts, giving the bal- 
ance remaining on hand, aud with it a receipt from the contractor 
receivin<»- the material, showing the kind and amount so received, which 
is tiled in the chief office on Fourth-and-a-half street for our record. A 
iournal is kept, showiug the contractor to whom the property has been 
issued, the improvement for which it is issued, and the property-yard 
from which it is issued. a a m <- • 

U. Does it show the persons from whom it was taken ^— A. inat is 
fot the new material, [referring to book,] and the old material, also, when 

it has been issued. , -, , ^ <u » v 

Q This is an account between the board and the contractor .^— A. 
Yes, sir; it is posted in an individual ledger, and double-indexed, so as 
to show the different improvements, as well as the contractor to whom 
the material has been issued, and our vouchers, in all cases for the entries 
there are upon a receipt of that form, [exhibiting the form of voucher.] 
Q. Did you have a fixed rate of prices for the materian— A. ies, 

Q. By whom was that fixed ^— A. It was established by the board. 

Q. DkI all the contractors get it on the same terms ?— A. Yes, sir. 

Q. Have you the books that show the amount of material taken Irom 
private individuals "? Did you keep another book ? I see this is with 
the board and the contractors.— A. Yes, sir. . ,. . , , n 

Q. Did you keep another one with the board and the individuals trom 
whom the material was taken ?— A. We did not keep individual accounts 
with each lot ; but the report of the superintendent in charge ot the 
work while in progress is the basis upon which that account lor the oia 

material was taken. , . ^ j. • i ^i,o+ 

Q. Suppose a person comes there and makes a claim for material, wnai 



TESTIMONY OF E. B. TOWNSEND. 1521 

evidence have you iu your ollice ? — A. The report of the supeiiuteuLlent 
made while 'the work was iu progress, and prior to the commeuceiueut 
of the work, upon the form I have indicated. 

Q. He reports upon each h)t * — A. Yes, sir. 

Q. IIow was that kept ? — A. It was kept on file iu the engineer's 
office. 

Q. Therefore, if a person comes you can refer to the report ? — A. It 
will give the old material in front of any given lot. 

Q. Ilave you those papers ! — A. They have just been submitted. 
You have the forms. 

Q. Have you auy account where they were kept '? — A. They have never 
been [)ut iu a ledger and kept iu the form of an indi\'idual account. 
We always referred directly to the report of the superiuteudent. That 
is tiled iu the otiice of the engineer. 

Q. Have you none of those that have been filed ? — A. I have none of 
them Avifh me. I could bring them. Tliose are simply blank forms 
which we have used in all cases. 

Mr. Stewart. I should like to see an account in two or three in- 
stances, where witnesses have testified to them ; but I cannot recollect 
the testinu)ny now. They have testified as to their controversies about 
old material. I should like to see the return that was made in those 
cases. 

Mr. Mattingly. We will seud for them and have them. 

By Mr. Merrick : 

Q. Your duties were only clerical, as I understand? — A. It might be 
considered so, though I was responsible for a vast deal of material. 

Q. You did not go about the streets and superintend operations of 
these various parties? — A. I did, as much as my time would admit 
with my other duties. 

Q. Your chief business, if I understand you, was to receive and record 
the reports of the superintendents, and keep the account of old ma- 
terial ? — A. That was it. 

Q. Your chief duty was a clerical duty? — A. That was it. 

Q. You, of course, would not know of all the details of operation ? — A. 
That would be impossible for any one individual. 

Q. You had to depend upon the reports made to you by the superin- 
tendents of the streets. You trusted, of course, to them iu the accounts 
that you made up ? — A. That I was compelled to do. 

By Mr. Mattingly : 
Q. There was a Mr. F. H. Haban, who made some complaint about an 
allowance for old material. Do you remember the circumstances con- 
necteil with that case ? — A. Y"es,sir. 

Q. Explain that to the committee. — A. He has made claim for sev- 
eral pieces of property. I cannot now call to mind all of them. I re- 
meml)er in one case I gave it very careful attention, when he asked for 
a reconsideration of his allowance. I fouiul that tlie last assessment 
for curbing and foot way prior to the organization of the board was 
made seventeen years ago ; and that the brick were entirely worthless, 
or 80 much worn that they could not be reused; and that the curbing 
which had been down seventeen years was of no value whatever, except 
for budding purposes, and as such was worth, upon the basis of $1.75 
a cubic yard, tlie i)rice of our best building-stone here. His curb was 
worth OU cents, which was not sutUcient to pay for taking it out of the 
ground and hauling it out of the way. That piece of proi)erty, if I re- 
member correctly, is located on Twenty first street, near G, He has a 

96 D C T 



1522 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

claim already, wbicli has been oii file in the office for several weeks if 
not mouths, for another piece of property on K street, west of Twenty- 
third street circle, which cannot be acted on, for the reason that the 
street has not been finished nor assessed. It has been an established 
rule of the board not to give these allowances prior to the assessment 
being made, although they have been claimed in many instances by citi- 
zens. 

Mr. Mattingly. I find, from the journal of the board, instructions to 
special superintendents were issued on the 31st of October, 1871, as 

follows : 

October 31, 1871. 

Board of Public Works. — Instructions to special siqx'rintendcnts. 

1. Upon being assigned to duty, each superintendent will procure from the engineer 
an exact subdivision of all lots or parts of lots on the streets or avenues to which he 
may be assigned, a diagram of the whole length of the street or avenue, with the inter- 
sections, number of squares, lots or subdivisions, and the name of the party to whom 
it is assessed. 

2. In putting in the gas, sewer, or water laterals, he shall enter on his book the exact 
quantity and kind of material used in such service or lateral, and mark the points of 
intersection in plain figures on his plat. This plat and his report, or copies of the same, 
shall be returned to the executive office as each square shall be completed, and the 
original when the job is finished or the superintondent relieved. 

3. In putting in longitudinal sewers a "T or outlet shall be left at every subdivision 
of 20 feet, and carefully marked on the j)lat, the distance being determined by measure- 
ment. 

4. Before displacing any foot-pavement, curbing, cobble-stones, flagway, or any other 
property, the superintendent shall estimate the quantity, condition, and value fif old 
material to be removed, and enter such statement opposite the name of the owner of 
such lot or subdivision for use in assessing the cost of the improvement. 

5. He shall see that no old material lit to be used again is removed from the prem- 
ises, and that none is taken away except by the officer in charge of the property of 
the board, who shall receipt for the same, stating where the material is to be deposited, 
and this receipt shall be returned to the executive office. 

6. He shall require all contractors to comply literally with the terms of their con- 
tracts, and shall at once report any violation thereof to the executive office, and shall 
see that lamps are kept btirning all night where excavations are being made, and that 
such openings are proi)erly barricaded, and that any settling in the earth is immedi- 
ately replaced and the street restored to its iiroper level. He shall cause all ditches or 
other excavations to be rammed or puddled and all the earth put back in its place. 

7. He shall not absent himself from his post on any account during working-hours, 
and shall report once a week in writing to the executive officer the condition and 
progress of his work. He shall allow no movable obstruction to remain in the car- 
riage or footway unless absolutely necessary. 

Any violation or neglect of these rnles shall subject the offender to dismissal. 

ALEX. R. SHEPHERD, 

Vice-President. 

By Mr. Christy : 

Q. How long have you been in the service of the board ? — A. Since 
November, 1871. 

Q. Who preceded you ! — A. J. C. Wall, as superintendent of prop- 
erty. I was appointed at the same time a clerk in the office. 

Q. Do you know what disposition was made of the brick that were 
taken u}) when the trees were planted on the various streets ? — A. Well, 
a portion of them came into the possession of the superintendent of 
property, all of which are accounted for. 

Q. What was done with the other portion ? — A. A great many of them 
were retained by the i^roperty-holders ; a majority of them. 

Q. What was their form of accounting; as they did for other old 
material ! Was it credited to the person in front of whose property they 
had been laid originally ? — A. Not by my office, sir. It may have been 
by the parking commission. 



TESTIMONY OF E. B. TOWNSEND. 1523 

Q. Thoii you are not advised of the fact whether they were in fact 
allowed a credit or not '?— A. I cannot say. 

Q. Was this assessment of the valiie'doiie under your direction ' 

A. ]SI'o, sir. 

Q. That was a distinct matter outside ?— A. I have not been connect- 
ed with the assessment ; no, sir. 

Q. And your duties did not require you, of course, to superintend 
that ? — A. No, sir. 

Q. That commission, however, were selected bv the board, and the 
appraisements iuade without retbreiice to the property-holders, or the 
owner of the property ? They put their own valuation on the material, 
without advising with the property-holder and giving him notice !— A. 
1 cannot say, sir, whether the property-owners were consulted or not iii 
that matter. 

Q. Do you know the extent in amount and value of the old material 
taken? — A. Yes, sir. 

Q. What is the aggregate amount in all ?— A. Really I cannot "ive it 
to you from memory ; I have it upon m^- records. * 

; Q. Will you be kind enough to prepare that statement ?— A. I will 
I ao so, sir. 

, Q Do you know of any stone sold to the Baltimore and Potomac 

, iiailroiid Company by the board of public works !— A. Yes sir. 

' Q. What was the amount of that ?— A. I think niuety-uine and one- 

; halt perches, if my memory serves me right. 

; Q. What was the cliaracter of the material sold f— A. It was old 

j broken stone, which had accumulated in the yard. 

I Q. Where was it obtained from ?— A. From canal yard and Sixth- 

j street wharf. I cannot remember the exact amount from each yard. 

Q. It was this old material taken from various citizens, was it ?— A. It 
I was old material which had accumulated in our i>ropertv vard and it 
was of no service. " " ' 

By Mr. Merrick : 
{ Q. Curbing material, or cobble-stone, or what ?— A. There may have 
I beeu some pieces of old curbing, gutter stone, all broken in pieces, such 
( as would accumulate in- a large yard where the stone is constantly 

By Mr. Christy : 

Q. Are ymi sure that none of it was new stone purchased bv the 
board .—A. The six perches, or about that amount, which were obtained 
at bixth street wharf, were broken pieces, about a foot, fifteen or 
eighteen inches in length, which had accumulated in the yard, and we 
were very glad to get rid of it. ^ ' 

Q. Fragments of new curb ?— A. There were some, I believe. I know 
my instruction to the issuing clerk was to allow those of no service to us 
to be cleared out of the way. 

Q. Was there any valuable stone, such as could be used in the im- 
provements of the board of public works, sold to this companv "—A 
-None, whatever. j. j • 

Lewis Clepiiane was then recalled at the instance of the Districi 
government, and examined by Mr. Mattingly, as follows : 

Question Y(ni are charged in the first charge of the memorialists as 
oeing one ol several conspirators who conspired for the purpose of ob- 
tainmg contracts from the board of public works unlawfully} state 



1524 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

whether any such conspiracy existed.— Answer. No such conspiracy ex- 
isted, and I regard it as a malicious shmder. I state that there is no 
foundation for such a charge or insinuation. The gentlemen who make 
these charges know nie well, and have known me for years. These 
charges are not made under oath. 

Q. State whether you were in New York at the time charged in 
August, 1871, and what you did then, the object of your visit, and so 
on.— A. I believe I was there at the time mentioned in Mr. Kilbourn's 
letter, with Mr. Kilbourn and Mr. Evans. I was not there, however, 
with Mr. Brown. I believe he was stated to have been there also. I 
know nothing about his being there. 

I was engaged in the business of street-paving. Contracts were to 
be put in on the 1st of September. As a matter of course, as a business 
man I went around to examine the diiferent pavements and the prices, 
and so on. The board had advertised for patent pavements, all kinds 
of patent pavements. It was my desire to inspect such pavements as 
I might consider the best for the purpose, and in doing so it was neces- 
sary that arrangements should l)e made with the proprietor for the right 
to hiy those pavements. I did make such arrangements, wherever I 
could, for the right to lay their pavements in the District in case that we 
obtained a contract. 

Q. What were those arrangements — merely royalty in case their 
pavement was laid'?— A. Merely a royalty. 

Q. State whether you had done any street-paving here prior to the 
organization of the board.— A. I would state that I had done paving ; 
I had paved one-half of Pennsylvania avenue and M street; not, how- 
ever, under the board of public works, of course, but before the board 
of public works was organized, under contract with the commission ap- 
pointed by Congress, and was engaged in that business ; had a saw- mill 
and all the facilities for doing business, wood pavement being my 
specialty. 

Q. There is a charge based upon the increase in Filbert's contract 
for the Miller pavement. Please explain that to the committee. — A. I 
would state that that pavement was laid on Eighteenth street and 
r street, where there had been very heavy cutting— heavy grading. 
The street was very much cut up with putting in of sewer-pipe and 
water-pi[)e, and so on. Mr. Filbert had a contract for laying what was 
called the Eoberts pavement. Machinery was purchased for the pur- 
pose of cutting those planks, but it was found that it would not operate. 
I then took the work ; and Mr. Shepherd being very anxious to have 
the work pressed — it was in a terrible condition, and had been laying 
so for a long while ; it was laid late in the season, and so on. Finally I 
told him that 1 would not attempt to lay the i)avement on that street, 
in the condition it was, without putting a tioor under it, and that if I 
did so he must pay extra price for the tioor, which was, I think, I told 
him, about 25 cents a yard. In order, therefore, to have the work 
pressed forward, he agreed to allow that price. The street was in no 
condition to lay a pavement without it. 
By Mr. Merrick : 
Q. What street are you speaking of now ?— A. Eighteenth street 
and F street, in the First ward. 

Q. West of the War Department "?— A. Yes, sir ; west of the War 
Department. I think there were about 2,000 yards in all. 
By Mr. Mattingly : 
Q. What did the original contract call for oa that street ? — A. Three 
d liars, I believe. 



TESTIMONY OF LEWIS CLEPIIANE. 1525 

Q. What kind of paveniout ? — A. Koberts. 

Q. Please explain to the committee the organization of the Metrop- 
oliwS Paving Company ; the time of its organization ; and Mr. Shepherd's 
connection tlicrewith. — A. Probably T can better explain that l)y pre- 
senting a letter which I addressed to Mr. Shei)herd himself. 

Q. Explain first the date of the organization of the company, and so 
on. — A. The date of the organization of the conii)any was, 1 think, 
Augnst, 1870 — the time of the contract for the paving of Pennsylvania 
avenne. 

(}. The company was organized for that i)nrpose ? — A. Yes, sir ; it was 
organized for that pnrpose. The manner of that organization was, that 
I liad the i)atent-right for the Stowe pavement. At that time (competi- 
tion was very great. Of conrse, advertisements were printed in all the 
papers thronghout the country inviting proposals and styles of pave- 
ment. Competition became very general. We organized then what 
was called the Metropolis Paving Com[)any — a stock company — and 
went into operation. 

Q. Explain now Mr. Shepherd's connection with the comi)any. — A. 
This is a letter addressed to Mr. Shepherd himself. He nui<le iiupiiry 
of me jnst before this investigation commenced as to his connection 
with the company. 

By the Chairman : 
Q. That was written by yon to him ? — A, Yes, sir. 
Q. And states the facts f — A. And states the facts. It is dated March 
IG, 1874. 

By Mr. IMerrick : 
Q. Since this investigation commenced ? — A. Yes, sir. 

By Mr. Mattingly : 
Q. Perhaps you had better state the facts outside of the letter. — A- 
Mr. Shepherd asked me his connection with the company, if I remember 
correctly. That letter explains Mr. Shepherd's connection better than 
I can say otherwise. The letter is as follows : 

Washixgton, March 16, 1H74. 

Dear Sih: In reply to your inquiry, I ri^spectfully pres-^nt the following brief state- 
ment of your alleged connection with the Metropolis I'living Conij)any : 

You will remember that in tin; early part of the year IrilO R. B. Mohun, you, and 
myself secured the right of the Stowe wood pavement for this District. In July, 1^70, 
an act of Congress was passed to pave Pennsylvania avenim, and advin'tisenients were 
published in the j)rincii>al cities for proposals and specitne.ns of styles of pavement, to 
be forwarded to the commissioners a[)pointed for that purpose. Of course, the compe- 
tition became very general ; hence the Metropolis Paving Company was formed by a 
consolidation with parties holding tlu; rights to rhe Stowe, Ballard, and ililler patents, 
which were regarded as the best of the wooden pavements. 

On the organization of the comi)any in , 1870, you declined to tak(^ any 

stock, but we agreed to issue to Samuel G. Young stock for the interest yon held in the 
Stowe patent. On the organization of the new District government, and upon your 
being appointed a member of the b .ard of i)nblic works, yon insisted that Mr. Y(ning 
should dispose of his stock, as, from the fact of his being a r(dative of yours, it v,-onld 
be charged thiit yon liad jin inten^st in any contracts which the Metropolis Paving 
Com]>any niigiit olitain from the lioard of public works; and, in compliance with your 
desire, Mr. Young placed his stock in my hands to be disposed of, which 1 atn'oniplished 
in the latter part of .June, 1871, l)y sidling to Mr. I. S. Baldwin, who still holds it. The 
transf(>r of the stock was not made upon the books of the company until October 10, 
1H71, from the fact, that it was Indd by me as collateral security for the notes given by 
Baldwin for its jmrchase. 

Since yon l)ecame a member of the board of public works you have never had any 
interest whatever in the Metropolis Paving Company ; ou the contrary, the niii.-r r^ ,,f 



1526 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

the coiLpauy have felt that you have not even dealt justly by them iu the way of 
contracts, especially as they -were a local company, and had considerable cai)ital aud 
machinery invested in the business. 
Ver\' resr)ectlully, 

L. CLEPHANE, 
President Metropolis Paring Company. 
Hon. A. R. SiiEniEKD. 

Q. Was tbere a letter from Mr. Shepherd to you ? — A. I have a letter 
from Mr. Shepherd iu regard to the Portland Cement Company. 

Q. Explain that to the committee. — A. I have here a letter from Mr. 
Shepherd, addressed to me iu April, 1871, teudering his resignation as 
a member of the Portland Cement Company. 

Q. Is this the original letter or a coi)y ? — A. That is the original let- 
ter. It reads as follows : 

Office of Alex. R. Shepherd & Buo., 
910 Pennsylvania Avenue, JVashinglon, D. C, April 18, 1871. 
Dear Sir : Having been appointed a member of the board of public works of the 
District of Columbia, I deem it improper that I should hold any stock iu, or have auy 
couuection Avith, the Portland Cement Company, and notify you of the fact, that you 
may make your arrangements accordingly. 
Truly, yours, 

ALEX. R. SHEPHERD. 
Lewis Clephank, Esq., 

President, Portland Cement Company, Washington, D. C. 

Q. That was addressed to you ? — A. Yes, sir; I was president of tlie 
company. 

By Mr. Thurman : 

Q. Did the governor sell his stock ? — A. The stock never was issued 
to the governor, because before we issued the stock I had received 
that letter. 

Q. He never paid for it, then ? — A. Ko, sir. 

By the Chairman: 

Q. Wlieu was this company organized ? — A. That company was 
organized in November, 1870. 

Q. I thiuk we have had something of that before ; it was not a very 
profitable concern. — A. It never did any work at ali for the board of 
public works ; not a dollar's worth. 

By Mr. Mattingly : 

Q. In the testimony of T. T. Fowler, the chairman put this question 

to him : 

Now, 1 am directed, Mr. Fowler, to ask you about another matter. I see here, in 
our report, page 294, li(*t of deposits of contractors ou account of the board of public 
works, the name of T. T. Fowler, for $1,000. Did you make that deposit ?— A. No, sir. 

Have you any papers from the records of your office connected 
with the matter iu any way ; if so, please produce them to the commit- 
tee. — A. I will state that I believe I presented a book here in the 
office, in which it is recorded that he paid in 81,000. 

Q. That is all in evidence !— A. That is all in evidence. If any 
further evidence is wanted on that fact, I present here the receipt signed 
by Mr. Fowler himself for the return ot the §1,000. 

Q. Just read it. — A. [The witness read as follows :] 

Received, September '21, 1871, certificate of William H. Slater, collector, for $1,000. 

T. T. FOWLER. 

Q. That is from the files of your office as collector of this District?— 
A. Yes, sir. 



TESTIMONY OF LEWIS CLEPITANE, 1527 

B}^ Mr. Wilson : 
Q. Do yon know on what account this was received by Mr. Fowler-^ — 
A. For money deposited for contracts. Yon will lind the number of the 
contract, or the bid, rather ; No. od, I think it is. 

By Mr. Merrick : 

Q. Do you know his haiulwriting ? — A. I have compared it with his 
bid. The paj)ers are here if the gentlemen wish to identify the hand- 
writing. 

Mr. Mattingly. Let us have the bid produced. 

By Mr. Stewart : 
Q. Do you know his handwriting? — A. 1 do not know it personally. 
I compared it with the bid. 

By Mr. Wilson : 

Q. Do yon remember anything about this deposit? — A. 'So, sir. 

Q. All you know about it is just what you lind on that piece of paper ? 
— A. Yes, sir. 

The Chairman. Mr. Clei)hane will stand aside for the present, as Mr. 
Kirtland, a witness, is here, and the committee propose te examine him , 
in the tirst instance privately. Should his examination disclose any 
fact which requires cross-examination b}" counsel on either side, they 
will have an opportunity of hearing his testimony and cross-examining 
him. 

Mr. Merrick. We are entirely content, sir. 

The Chairman. I suppose that will be satisfactory to counsel for both 
parties. 

The committee then retired for the i>urpose of examing the witness 
Kirtland in i)rivate. 

The testimony of A. B. Kirtland, referred to above, will be found in 
this record at page liOo, preceding this, it having been ordered printed 
without delay.* 



Saturday, May 2, 1874. 

Committee met pursuant to adjournment. 

The journal of tlie proceedings of yesterday was read and approved. 

Mr. Mattingly. Mr. Townsend states that lie desires to make a 
•.slight amendment to his testimony. He states that he misapprehended 
i question that was asked him. 

E. B. Townsend recalled. 

j\rr. Chairman, I find, u[)on referring to my testimony of yesterdaj, 
that, in re[)ly to Judge Merrick's question as to whether the jjroperty- 
holders luid been consulted in regard to the disposition of the old ma- 
terial, 1 answered " I cannot say.'^ I should have stated, in many cases 
they luive, but I cannot say they have in all (;ases; and that, as a rule, 
the allowances made by the board have been satisfactory to the citizens, 
and, com[»ared with the large number of claims made, but few com[)laints 
have been made as to the allowances or reconsideration iisked. 

By Mr. Christy : 
Q. Have you prepared the stateuient of the aggregate value of the 
old material ? — A. It is in process of preparation. 



1528 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Thomas P. Morgan was here called and sworn. 

Prior to Lis examination, Mr. Christy said : Mr. Chairman, before the 
examination of this witness begins, I will state' that Mr. Clephane was 
under examination yesterday. I wish to advise gentlemen that we 
desire Mr. Clephane to prodnce the books of the Metropolis Paving 
Company, as it appears that the several pavements were merged in that 
subseqnently and laid. I desire to have those books iiroduced, iu order 
that we may examine him further. 

Mr. IVlATTiNGLY. We intend to resume Mr. Clephaue's examin;>tion. 
There are several other witnesses here now, however, who are anxious 
to get away. 

Mr. Merrick. We simply serve you notice to produce. 

By Mr. Mattingly, (to the witness:) 

Q. State whether you were at the meeting of the contractors at the 
rooms of the board of public works, in response to the circular which 
was sent out, and whether that meeting was public or not? — A. 1 was 
there. 

Q. What took i)lace ? State the general character of the meeting, 
and what took place. — A. After the advertisement for proposals for the 
improvement of the various streets, the parties bidding were invited to 
meet the board of public works at their rooms on Fourth-and-a-half street, 
and the matter was discussed in reference to the awards or i)rices that 
had been fixed by the board of public works for the various work, or 
the classes of work bid for. There were a number of gentlemen pres- 
ent. Mr. Shepherd, the vice-president of the board, announced to the 
parties present the prices that would be allowed for work, and there was 
a general discussion on the subject. There were a large number of i^er- 
sous present. 

Q. Was it a secret meeting? — A. No, sir. 

Q. Were the doors open, or were they closed, or was there any 
secrecy about the matter? — A. The doors were open; thej'e was a large 
number there; I observed no secrecy about it. The matter was freely 
discussed. 

Q. Do you remember whether there was any dissatisfactiou among 
the contractors as to some of the prices? — A. There was a great deal 
of dissatisfaction ; that the prices were not sufficient. 

By Mr. Christy : 

Q. Were you one of the bidders ? — A. I was, sir. 

Q. Did you deposit your thousand dollars?— A. I deposited a thou- 
sand dollars — whatever was required. 

Q. Did you not deposit that thousand dollars with the expectation 
that the award would be made to the lowest bidder, as in other cases 
where there was public advertisement ? — A. I supposed it would, sir. 

Q. That was one occasion of the disappointment and dissatisfaction^ 
was it not? — A. No, sir; it was not that so much as that they thought 
that the board was fixing the rate of the work at too low a rate or 
figure. The class of work that was assigned to me, I thought was satis- 
factory. That was macadam. The prices named by the board for the 
macadam I thought were fair. The grading and paving of brick foot- 
walks was the point to which objection was made mainly by those bid- 
ding. They thought the prices were too low. 

Q. Your bid was for macadamizing? — A, Yes, sir. 

Q. Did you receive the award under your bid for macadamizing? — A. 



TESTIMONY OF THOMAS P. MORGAX. 1529 

I recoivod an award, sir; but not under tbe bid tbat I bad made; it was 
less tban mv bid. 

Q. Were "yon advised at any time tbat you were exjiected to make a 
bid simply to contribute information to tbe board tbat tbey migbt estab- 
lisb a scale of prices ? — A. I was not, sir. 

Q. And yon bid, as in otber cases, tliat it sbould be awarded to tbe 
lowest bidder ?— A. Tbat is wbat I supposed at tbe tinu\ 

Q. Did vou notice a publication in a newspaper on tbe morning of tbe 
15tb of September in regard to tbe proceedings at tbe INForrison build- 
ing, tbe olbce of tbe board of pul)lic works ?— A. I do not remember 
now, sir. 

Q. Did you receive a verbal or written invitation to appear ?— I tbink 
it was written. 

Q. AVere you advised to appear again at any specified day, on tbe 1st 
of September, wben tbe bids were open ? — A. I was not, sir. 

Q. Tbe invitation tbat you received was a written circular, was it! — 
A. Tbat is my recollection, tbat it was a written circulir. 

Q. Are you able to say bow extensively tbat was circulated among 
bidders ? — A. I cannot, sir. 

Q. Yon cannot tell tbat tbey did receive it?— A. I cannot, sir. 

Q. You bave been a contractor under tbe board f — A. Yes, sir ; I 
bave. 

Q. Wbere bave you done your work principally ; bas it been around 
tbe Government property ?^A. I did tbe work at Mount Vernon 
Square. 

Q. Wbere is Mount Yernou Square?— A. Mount Vernon Square is 
bounded by Seventb and Nintb streets. 

By Mr. Merhick : 

Q. Known as tbeoldNortberu Liberty Market?— A. Tbat is tbe point, 
sir. 

By Mr. Christy :• 

Q. Have you been paid for it ? — A. Tbe account bas been settled. I 
bave been' paid in part. 

Q. How bave you been paid, in certificates or in money ? — A. I bave 
bad l)otb money and certificates. 

Q. What proportion in certificates ? — A. Tbe larger amount, sir. I 
would state that tbe amount of money received before the completion 
of tbe work was about $4,500. On the Veceipt of tbe certificates, a large 
amount of this was paid ont to partn's who did work for me. That is, 
a portion was paid to the curb-setter, and a portion to tbe parties who 
graded under my contract, and others who did tbe concreting. Tbe 
balance I received bonds for. 

Q. You distributed tbe certificates after tbey were delivered to you ? — 
A. I did. 

(). Do you bold any of those certificates now ? — A. I hold two of tbeni. 

i^. Vov what amount? — A. About two thousand dollars. 

Q. How long since you completed the work? — A. I completed tbe 
work, T think, in July last; June or fluly last. 

Q. To whom did you issue the certificates ; who did the curb-setting 
and grading? — A. A part of the grading was done by Mr. Esliu. A 
man by the name of Newmeyer [Teemeyer?] did tbe curb-setting, and 
received part money and part certificates. Tbe Abbott Paving Company 
I paid certificates to. 



1530 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Was there any member of the legislature interested as a sub-con- 
tractor under yourself? — A. None, sir. 

Q. Were you the sole party interested in this contract ? — A. I was. 

Q. Did you pay anything to anybody for obtaining the contract ? — A. 
1 did not, sir. 

Q. Or for any other contract you received ! — A. Or for any other 
contract. 

By Mr. Wilson : 

Q. Did you have a contract for the flagging at Mount Yernon 
Square 't — A. I did ]iot that in the square. My contract for Mount Yernon 
Square called for concrete carriage-way and footwalk. Afterward it 
was changed to flagging, but it was not embraced in my contract: I 
was told to do the work with flagging in the place of concrete ; that the 
concrete footwalks were not satisfactory. But I did not do it ; it was 
done bj" another party afterward. 

Q. Who Avas that party? — A. It was done by Mr. John O. Evans. 

Q. Why was it you did not do it? — A. Because at that time the 
board had no suitable flagging of the kind on hand. 

Q. Did Mr. Evans have suitable flagging on hand? — A. He had, sir. 

Q. Your contract, you say, did not embrace the stone flagging? — A. 
No, sir. 

Q. But was for concrete footwalks ? — A. Yes, sir. 

Q. And that was afterward changed to stone flagging ? — A. Yes, sir. 

Q. How was that change made; by what authority; did you assent 
to it ? — A, I did, sir. I think I received a letter from the board ; prob- 
ably I had better go back a little and explain. The concrete that we 
had proposed to put down at that point was what was called the Abbott 
concrete for footwalks. It was an improved concrete for that specific 
j)urpose. Mr. Abbott informed me afterward that he was afraid the 
concrete that he proposed to put there would not answer ; that from the 
winter's experience in Brooklyn it did not do as well as he anticipated, 
and he preferred not to put it down. I immediately informed the 
board of that fact, and asked that I be allowed to put something else 
down. The board stated in a communication to me that flagging would 
be substituted; it may have been a verbal communication; 1 forget 
which. 

Q. Have you the letter of the board to you on that subject? — A. I 
think I have, sir. 

Q. Have you it with you ? — A. I have not. 

Q. Will you produce it to the committee ? — A. Yes, sir. 

Q. How long after this occurred was it until John O. Evans got per- 
mission to do the work ? — A. I could not from memory say. Several 
weeks intervened w^hile the matter was pending. Tlie board had no 
flagging on hand. They expected flagging ; and I think, as well as I 
now remember, that it was some five or six weeks that the matter was 
pending., 

Q. Were you, by the terms of the arrangement, to take your flagging 
from the board ? — A. The board had furnished all the materials. 

Q. Was there anything in your arrangement with the board to pro- 
hibit you from purchasing this flagging yourself? — A. No, sir. 

Q. The simple fact, then, that the board did not have flagging on 
hand was no reason why you should not go on and comply with your 
contract with the board, was it? — A. The best reason, sir, was that I 
could not afford to put down the flagging. I could not purchase it my- 



TESTIMONY OF THOMAS T. MORGAN. 1531 

self, and I 'learncd that there was none in the market except wliat was 
in the liantls of Mr. Evans. 

Q. jMr. Evans liad the uionopolj^ of that in this market! — A. It 
seems so, sir. He had the oidy llai;oiiio- on hand. 

Q. Did you make a uy effort to get tiag-ging from elsewhere? — A. I 
did not, sir. 

Q. This Hagging conies from the North River, does it not? — A. Yes, 
sir. 

Q. Is there any trouble about getting it up there? — A. I do not 
know, sir, I have never luirchased auy iiagging. 

Q. Did you get a job of flagging to do in that vicinity afterward? — 
A. I did. The angles east of the squares — little reservations east. 

Q. You did do a part of the flagging, then, around Mount Vernon 
Square ? — A. Well, sir, it was east of Seventh street — two little places. 

Q. Those little intersections or angles close by the square ? — A. Yes, 
sir. 

Q. Where did you get that flagging ? — A. The board furnished that. 

Q. ITow long afterward ? — A. It was several months — two or three 
months afterward. 1 could tell you exactly if I had the data. 

Q. Have you had a large number of contracts under the board ? — A. 
No, sir ; that is all I have done for them. 

Q. Just state in brief the character of the work you have done for the 
board. — A. The work I have done at Mount Vernon Square : first I re- 
moved the debris on the square — the old market. I graded the square, 
set the curb, parked the squares — the intersections of the streets — con- 
creted the roadways, erected the fountain, and laid the flagging down 5 
did the grading and laid the flagging for those little angles made at the 
intersections of the streets. 

Q. That is to say, you graded off the earth necessary to enable you to 
put the flagging down? — A. Yes, sir. 

Q. What kind of concrete did you lay ? — A. What is called the Ab- 
bott. . 

Q. Did you have the patent for that? — A. No, sir. 

Q. Did you iiay a royalty for it? — A. No, sir. 

Q. How did you manage to lay that without owning the patent or pay- 
ing royalty? — A. The base, as it is termed, the broken stone, the first 
course of stone, I put down myself, and made an arrangement with Mr. 
Crawford, the managing agent of the company, to roll, to put the tar 
upon it, and then finish it, and to put the second course on and to 
finish it. 

Q. Where is this Abbott Concrete Company located ? — A, Their office 
is on F, between Fourteenth and Fifteentii. 

Q. Who composed that company ? — A. I don't know only the officers of 
the company — Mr. Crawford, the president, and Mr. J. W. V. Vander- 
burgh, the treasurer; and I believe, Mr. Harry Crawford, they call him, 
is the managing agent. 

Q. Do you know who the other parties are connected with that paving 
company ? — A. I do not. 

Q. Is that the only i)avement you put down tliat was owned by some- 
body else ? — A. Yes, sir. 

Q. What did you pay that company for putting that down ? — A. I 
paid them $2 a yard. They furnished everything except the base — the 
course of stone at the bottom ; they did the rolling and putting on of 
the second course, and the finishing after I put the base down. 

Q. At what rate were you paid for putting down this flagging ? — A. 
Sixty-five cents a foot. 



1532 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. That was just simply putting it down — not furuishiug the flag- 
ging? — A. Just putting it (Town. 

Q. Wlio hauled the flagging on to the ground 1 — A. T did. 

Q. Where from? — A. There was some hauled from Sixth street, some 
from P street near Fourteenth street, and I think from the canal. 

Q. Was it all new flagging? — A. A part new and a part old. 

Q. Where was the old flagging taken from ? — A. The old flagging was 
taken from P street near Fourteenth. There was a portion of it, the 
amount I do not remember now — but some of the old flagging from that 
point, and some of the old flagging from the canal. 

Q. What had that old flagging been used for before ? — A. I think 
they called it bridge-stone — flagging to go across gutters. 

Q. Did they have a yard up there — a property-yard up at P and 
Fourteenth streets ? — A. Yes, sir. 

Q. And this old flagging that you put down there had been gathered 
lip from about the city and put into that yard ? — A. Yes, sir. 

Q. Did you haul it over there and put it there ? — A. Yes, sir ; some 
of it. 

Q. For that you were paid 65 cents a square foot ? — A. Yes, sir ; 
dressing it. We had to take the lumps out of it and joint it. 

Q. What proportion of this flagging that you put down around these 
little angles was that old bridge-stone? — A. I could not answer it from 
memory. ' 

Q. About? — A. I think about half, as well as I remember. 

Q. Is that stone that had been long in use about the city?— A. That 
I could not tell. 

Q. From its appearance, what would you think ? — A. I should think 
that it had not. That put down there was all of good stone. 

Q. You selected it from the material there in the property-yard ? — A. 
Yes, sir. 

Q. Selected the best you could get? — A. Yes, sir. 

Q. Now, what did you do in putting down this flagging; how did you 
put it down ? Did you put any sand under it ? — A. First, the proper 
excavation was made. 

Q. How much was that, would you suppose, there ? — A. I think it 
was six inches; whatever the specification required. 

Q. You excavated somewhere about six inches, and how wide is the 
footway thbre? — A. I think one side of it is uine feet and the other side 
fiiteen. The side on Seventh street is wider. 

Q. Did you put any sand under it ? — A. Yes, sir. 

Q. How much ? — A. I do not remember now, but I think we put first 
a layer of gravel and four inches of sand. 

Q. How deep was the gravel? — A. About two inches. I am speaking 
from memory. I conformed exactly to the specifications. I remember 
of putting about half sand and half gravel ; the gravel at the bottom 
and the sand next to the flagging. We dressed the flagging edges, 
joints, jointed it, and took all the irregular surfaces ofl" — the lumps — 
and closed all the joints properly with cement. 

Q. You cemented the joints? — A. Yes, sir. 

Q. Did you set the curb also ? — A. Xo, sir ; that was already set 
there. 

Q. So that your work, go far as that flagging is concerned, consisted 
in gathering this flagging together in the manner you have indicated, 
and dressing it up, and putting down two inches of gravel and four 
inches of sand; cementing the joints and putting the flagging down ? — 



TESTIMONY OF THOMAS P. MORGAN. 1533 

A. Yes, sir; the item, 05 cents, covered also the j^radiiig- of tbe interior. 
We had that all to grade and mound up, and sow downgrassseed. 

Q. How large a space is there in that triangle? What is the length 
of the base of that triangle inside of the footway?— A. I would like to 
speak accurately about that, but from memory I could hardly do so. 

Q. You can give a pretty good idea. Of course, I do not expect you 
to s[)eak accurately, having- no papers before you. — A. 1 should think 
thev were 100 by 130. 

Q. That is to say, 100 feet base by 150 feet in length ?— A. Y\\s, sir. 

Q. And did you"^haul any earth and put it in there I— A. Y^'es, sir. 

Q. How much ?— A. I do not remember as to quantity. We mounded 
them up. , 

Q. Very much?— xV. No, sir; we made a neat little mound and a nice 
finish to it. 

Q. Was there a very large amount of filling done there? — A, No, sir. 

Q. Where did you get the earth from to mound it up? — A. I declare 
1 do not remember where it came from. We hauled a good deal of soil 
and we would be a little select, on account of sowing it in grass- 
seed. 

Q. Who hauled that ?— A. Mr. Drainsing. 

Q. Do you know whether he got it from where the streets were being 
excavated or not? — A. I do not remember. We paid him for the use 
of his teams and he got the earth and hauled it. I do not remember 
where from. 

Q. Who did the work for you in putting down this flagging? — A. A 
man by the name of John Burns. 

Q. What work did he do ?— A. lie did the whole work except the 
grading ; that is, the stone-cutting and the sodding. 

Q. l)id he furnish the gravel and the sand ? — A. No, sir ; we had 
teams, and the gravel and sand — a part of the sand was furnished by 
D. M. Davis, and the gravel was hauled from the excavations at Tiber 
Creek. iUit it was all done under the direction of Mr. Burns. 

Q. What did you pay Burns per foot ? — A. Mr. Burns and I went 
into the contract jointly. I gave him an equal interest with mi'. 

Q. What did he get ? — A. He got one-half of what was made ou the 
work. 

(^ Didn't he get one-half of the 05 cents, or did he ? — A. He got one- 
half the net amount after deducting all the expenses. 

Q. What did you put down— the jointing, dressing, and sodding ? 
What did you estimate that at in making up your account with Mr. 
Burns ? — A. I could not tell you. I did not expect to be examined on 
that point. 1 have papers at home, if the committee desire to see 
them. 

Q. I should like to see them very much. This contract, then, was 
given to you in your name; Burns was jointly interested with you? — 
A. Yes, sir. 

Q. But was not known in the contract? — A. No, sir. 

Q. Now, is it not a fact, Mr. Morgan, that you allowed Mr. Burns 
30 or 32 cents a square foot for jointing, dressing, laying the flagging 
and cement, putting in the sand and gravel t Is not that the fact .' — 
A. No, sir. 

Q. How was it? — A. It is just as I stated to you, exactly. Mr. 
Burns received otie-half of the net i)rofit on the work. He submitted 
to me a bill of all his expenses; what he paid his men; the expeiuliture 
upon the work. I paid all the bills, and the prodt was divided between 



1534 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Burns jiiid myself. There was no subcontract made with Mr. 
Burns other than that I have named. 

Q, If you will submit to the committee your papers, we would be 
glad to see them. Do you know of any other [)lace in this city where 
this old bridge-stone was used on foot- walks ? — A. I do not. 

Q. Have you ever given that matter any attention ? — A. I liave not. 

Q. You have not observed anything about it, and know nothing about 
it ?— A. No, sir. 

By Mr. Mattingly : 

Q. In saying that John O. Evans has tried to have the monopoly of 
the flagging here, do you mean to be understood that Mr. John (3. 
Evans had all of the flagging of that kind that could be shipped to 
this market? — A. I^o, sir. 

Q. I understand the reason that you did not lay the flagging was that 
you could not command the necessary capital at that time to buy? — A. 
Yes, sir; and the board had it on hand and furnished it to me. 

He:,'RY Gantz sworn. 
By Mr. Mattingly : 

Question. You are of the firm of Gantz & Api)leman ? — Answer. 
Yes, sir. 

Q. You had a contract for this ce]el)rated Bstreet sewer ? — A. Yes, 
sir ; we built it from Seventh street to Fifteenth street. 

Q. Now, just state to the committee the character of the material 
used in that sewer. — A. Well, it was first class and good quality. 

Q. ^Yere salmon brick used in that sewer ? — A. No, sir. 

Q. What kind of brick were used °? — A. Arch and red. 

Q. Do you know Mr. Sorrell ? — A. He is one of my brick-layers. 

Q. Mr. Sorrell says about one-third of the bricks used in that sewer 
were salmon brick. Is that true"? — A. No, sir; it is not. 

Q, There is another one of your bricklayers who says that three-thirds 
of the bricks used in that sewer were salmon. State whether any of 
those bricks were light in color. — A. Some of them were a little light in 
color, l)ut it was all owing to the clay. The bricks were perfectly sound 
and hard. 

Q. Were the bricks wet before they were used ? — A. Yes, sir. 

Q. Did your contract require that that should be done"? — A. Yes, sir. 

Q. Was that proper or improper "? — A. It was proper. The brick laid 
in cement perfectly dry in the summer season would not bind. 

Q. One of your men here testified that the brick were soaked in water 
in order to color them and to give them the appearance of red brick, 
and that he had never known of brick laid in a sewer being wet before 
they were put in. As a practical brick-layer, what have you to say about 
that ? — A. I am not a brick-layer myself, I am only a contractor ; but our 
instructions from the chief engineer were to have the brick perfectly wet. 
Mr. Phillips was the chief engineer at the time, and he went over the 
work every day. 

Q. Was that sewer well constructed, or otherwise ? — A. Yes, sir ; I 
considered it a first-class job. I endeavored to make a first class job of 
it, and I considered it such. It was the first job I had here, and I wanted 
to make a good job of it, and 1 believe it was considered so by practical 
men here. 

By Mr. Merrick : 
Q. Were these brick made at the brick-yard you own ? — A. Yes, sir. 



TESTIMONY OF HENRY GANTZ. 1535 

Q, What was the color of the arch-brick ? — A. The arch-brick are gen- 
erally very dark — some are and some are not. 

Q. The other brick, you say, were red ? — A. Yes, sir. There are gen- 
erally three classes of brick that come out of the kiln. 

Q. I am aware of that. Was there any peculiarity in the soil from 
which your brick were made ?— .xV. I do not know as there was. It is a 
very strong clay — considered so. 

Q. Was there any i)eculiarity in the soil from which your brick were 
made, and which would give them a color different from that of the ordi- 
nary brick ? — A. Owing to the burning, very often. 

Q. Tiieu, if the brick were light, tlie lightness was due to the burning, 
and not to the character of the soil ? — A. There were very few light- 
brick used. 

Q. 1 ask this question : If the brick were light, it was due to the burn- 
ing, and not to the character of the soil ? — A. Well, I do not know. I 
should think it was the burning that would make some little difference. 

Q. You did not observe any peculiarity in that soil which would make 
your brick of a light color like what we call fire-brick ? — A. Xo, sir. 

Q. Xothing to distinguish the color of that brick liom the color ot 
the brick ordinarily made ? — A. No, sir. 

Q. Then, if a large proportion of those brick were of a light color, it 
was due to the imperfect burning, and not to the character of the soil! — 
A. No, sir. There was not a large proportion of light-colored brick 
used. 

Q. I say if there were, the color was due to the burning, and not to 
the character of the soil, as I understand it ? — A. Yes, sir. 

By Mr. Christy^ : 

Q. What business had you been in prior to receiving this contract 
from the board of public works ? — A. I was a railroad contractor. That 
is my business. 

Q. Where were the brick you used burned? — A. In what is termed 
the old Corcoran yard. 

Q. You owned the kiln ? — A. We had a lease of the yard. 

Q. You owned the brick made there ? — A. Yes, sir. 

Q. Were not all the brick burued in several kilns used in the sewer ? — 
A. Xo, sir. 

Q. What was done with the brick that were not used in the sewer? — 
A. The salmon brick, we sold them here the best we could. 

Q. Is not this true, that the best brick were used for paving and sold 
for that purpose ? — A. A portion of a kiln ot brick generally are of 
paving brick. We furnished some paving brick; I do not remember 
Low mauy. 

Q. You had no experience anterior to that in the building of a sewer? 
— A. It is the first one I ever built. 

Q. And }ou did sell a portion of the brick to be used for paving? — 
A. Yes, sir. 

Q. Were not they the best brick you had burned ? — A. They were 
the smoothest, and all of regular color. The arch brick, though, were 
the strongest ; burued hardest. 

Q. Now, which of the brick did you use ; the arch ?— A. We used the 
arch iii tlie sewer. 

Q. The other brick you sold for paving purposes?— A. We sold some 
paving brick. 

Q. Do you know a Mr. Howe, a brick-layer ?— A. Yes, sir ; he was 
bossing for me. 



1536 AFFAIKS IN THE DISTRICT OF COLUMBIA. 

Q. Was there uot coutroveisy between you and him in regard to the 
character of the brick used ; didn't Mr. Howe say to you you were using 
inferior brick ? — A. No, sir. 

Q. Did not the several brick-layers in your employ complain you were 
using inferior brick I — A. No, sir. 

Q. You say there was no controversy whatever? — A. No, sir; noth- 
ing of the kind. 

Q. There was no objection made to the brick at any time ? — A. The 
only objection that was made was that we used some few machine brick. 
They objected to laying them on account of the sharp edges. 

Q. Don't you know the controvery finally reached the ears of Gover- 
nor Shepherd and he came and inspected the brick that was there? — A. 
No, sir. 

Q. Did you give any attention to the laying of that brick! — A. I 
superintended tlie whole work myself. 

Q. But you were not a practical brick-layer! — A. No, sir. 

Q. Did uot you know whether they were proper brick or uot! — A. Yes, 
sir ; I think I did. 

Q. And you now say that you had no controversy with any of the 
men in your employ, and that Governor Shepherds attention was never 
called to it, nor did he inspect the brick ! — A. Never was called to it, to 
my knowledge. 

Q. Who was engineer then of the board? — A. E.G. Phillips, chief en- 
gineer. 

Q. Was there any controversy between you and him ! — A. I do not 
know that there was. 

Q. Did not he sa^' to you that the brick were of an inferior and un- 
suitable quality ! — A. I think that at one time one load of bricks was 
hauled there, and he objected to them, and they were hauled away. 

Q. Were not they hauled back ! — A. No, sir. 

Q. Had you any other business at that time! — A. No, sir. 

Q. You gave them your whole attention ! — A. Yes, sir. 

Q. Your partner likewise gave his attention ! — A. No, sir. 

Q. Did you get any portion of your brick from the city of Balti- 
more ! — A. No, sir. 

Q. You manufactured all the bricks used in that sewer! — A. No, sir; 
we did not manufacture them all. We bought some from other yards. 

Q. And none from the city of Baltimore; no brick that came by 
cars ! — A. No, sir. Never got a brick from Baltimore. 

By Mr. Mattingly : 
Q. How was your contract obtained; by bid! — A. Yes, sir. The sewer 
was enlarged afterward and the dimensions of it changed. 

By Mr. Merrick : 
Q. Did you furnish the brick that Strong used! — A. We furnished, I 
think, four or five thousand one day. He got out and we furnished 
him, I think, for one day only. 

Francis Reeside sworn. 

By Mr. Mattingly : 
Question. State what your business is ! — Answer. I am a brick layer. 
Q. How long have you been engaged in that business ! — A. About 25 
years. 

Q. Did you have anything to do with this B-street sewer! — A. I was 



TESTIMONY OF FRANCIS KEESIDE. 1537 

ai)poiiited suiu'riutendent of that B-streot sewer when it was started; 
iioiu the coniineueement of it in June, 1 believe, about the 2()th. 

(}. How long did yon remain in that position t — A. i remained there 
during' the month of June and July. 

Q- Was the work progressing during that time ' — A. It was. 

Q. State what kind of brick were used in that sewer during" the 
l>eriod that yon were there ? — A. In building a sewer of that kind we 
used arch brick. At the time that that sewer was building there was a 
great deal of work doing, and there was a great deal of sewer work do- 
ing; paving doing; and as inspector to the board of public works I 
had to use the best I could get. I tohl ^Iv. Gantz, the gentleman on 
the stand before me, that some of the brick there I condemned. I told 
him to haul them away, which he did do. He nsed at that time arch 
brick. The brick were burned over there in A'ii-ginia, at the time. 
They were all burned by coal, so that they showed a light surface. 
]Many of the brick we do not know whether they are salmon or arch ; 
but it is the sand that burns them, and they came there, and when I 
would look at the brick I would say, use them. A great many brick- 
layers s.ud those brick are svilmon. I would say those brick are hard 
enough to go in. When you break them open aud look inside of the 
brick you found it was hard, but outside the sand burned them with 
ashes and produced a light surface on the outside. 

Q. Were any salmon brick used there, to your knowledge, in the 
sewer 1' — A. Tliey were not used while I was there. There might have 
been salmon brick used. I told ]\Ir. Gantz that there were some infe- 
rior bricklayers working there at that time. I told the men to put the 
best brick on the lower surface, and to put the rubbish that is on the 
inside surface, working to a l-t-inch ring of the top, and the bottom was 
an ISinch ; and we put the rubbish of the brick in the center, and we 
put the good brick on each outside portion, of the work. 

Q. Yon have had considerable experience in Avork of this kind, have 
you not? — A. Yes, sir. I helped to turn this very same arch over my 
head now. I helped to build it, [referring to the archway of the room 
in which the committee are holding its sessions.] 

(^. That sewer, while you were there, as long as you had any knowl- 
edge of it, was it properly coustructed, in your opinion ! — A. It is as 
good a job as there is in the country. There is not any i)ressure that can 
burst it to-day; no i)ressure of water. I will take any nuin there and 
show him its good qualities. If any one of the committee will go right 
now with me in a boat there, I will show them the arch there now to- 
day. 

By the Chairman : 

Q. How can we g"o there ? — A. Go there in a boat. You cannot go 
there unless you do. 

Q. \'on think that is a good sewer ? — A. Y'es, sir; I do. 

Q. AVhat is the reason you did not stay there until the whole sewer 
was completed? — A. Tiie reason I did not stay there was because the 
board of public works did not want to i)ay me money enough to stay 
there. Mv. Phillips thought I was not worth but -SI a day, and I could 
get nior*' money outside than that at any time,. and that is the reason 
I did not stay there. 

l>y ]Mr. ^VlLSON : 
Q. Who succeeded you as superintcMulent there ? — A. I could uot 
hardly tell. I don't know who succeeded me. 
Q. Was there somebody there after y(iu ? — A. There was. 

97 D c T 



1538 AFFAIRS IX THE DISTRICT OF COLUMBIA 

Q. Do you recollect who ? — A. W. W. Griffith succeeded me. 

Q. Was he a brick-layer? — A. He was not. 

Q. What was his business!— A. I dou't kuow. I could not tell you 
his business. 

Q. Did he have any business ? — A. I suppose — well, almost every- 
body has a business. I don't know what his business was. 

Q. Was he a mechanic of any kind ? — A. I could not say. 
By the Chairman : 

Q. They got him for $i a day ? — A. That is what they paid me while 
I was there. 

By Mr. Wilson : 

Q. Was there anybody else that you know of besides that man ? — A. 
Well, I noticed that there were — that at the termination of it there were 
several there on the job. 

Q. Do you recollect the names of any of the superintendents ? — A. 
Yes, sir. 

Q. Who? — A. There was a man bj' the name of McClellan there. 

Q. What w'as his occupation ? — A. He claimed to be a plasterer. 

Q. Was he a plasterer ? — A. Indeed, I could not tell you. He was 
not a brick-layer; 1 know that. 

Q. Were there any tailors on that job ? — A. I could not say; I don't 
think there were any tailors. 

Q. Were there any men who professed to be tailors? — A. Xo, sir. I 
will state one thing : there w^as some A'ery incompetent men laying- 
brick there when I w as there. A man swore here before this committee — 
a man by the name of Curry — and Sorrell, men that we term about 
third-class brick-layers in the community here. 

Q. Why didn't you drive them off there ? — A. I spoke to Mr. Gautz 
about them the very first day, and asked him to discbarge this man 
Curry. He said that he came from Philadelphia with somebody they 
had there. I said, " That man don't amount to shucks ; he is no brick- 
layer." He says, '" We will keep him on." So they kept him on, and the 
whole time I was there, during the two months, I was fighting with 
them all the time. Mr. Gantz and Mr. Appleman both told me that 
anything I wanted there, just to designate it. "If the material is not 
right, tell me about it, and I will remedy it," and the only favor I asked 
of Gautz was the discharge of this man Curry. 

Q. He would not do it ? — A. No, sir ; he told me — I will tell you why 
he didn't do it. There was a party here from Philadelphia superintend- 
ing the brick work at the time. I supposed that they were doing the 
work for so much per thousand, or so much per M, and Curry was 
working for these other parties, and that is the reason he would not do 
it. I worked for Messrs. Gantz & Appleman after he left the job, and 
went there and worked for two or three days, just to show them I could 
lay bricks. 

Q. Just to show them how to do it ? — A. ]S'ot to show them how to 
do it. 

Q. Mr. Curry says two-thirds of the brick in that sewer were salmon 
brick ? — A. He may say a great many things. I don't think he is the 
mark for a brick-layer. 
By Mr. Wilson : 

Q. Did you notice the nmnner in which that sewer was constructed 
while you were there ? — A. I noticed it from the time it was started 
until it was finished in casually walking along through there. 

Q. Did you pay any particular attention to it ? — A. I did pay partic- 
ular attention to it. 



TESTIMONY OF FRANCIS REESIDF. 1539 

Q. Did they eoiitiniic to work well? — A. Yes, sir; I think the work 
is just as good a i)iece of work as can be found anywhere. 

Q. Even though there were tailors and shoemakers superintending? — 
A. I don't think Mr. Gantz or Mr. Applennm either would conscien- 
tiously have a job of work done that was not right. 

Q. I speak of the tailors and shoemakers because it lias been said 
here that there was that class of men superintending the work, and I 
want to know from you, even if there were brick-layers and men follow- 
ing other occui)ations there, whether the work was still properly done, 
as far as you l<now ? — A. I will state the facts here. Mr. JBurrows is 
the superintendent under (Vantz «S: Api»lennin. He is a num of thorough 
nu^chanical ideas, and understands work tlioi-ouglily. He drew the work 
off — drew the lines of the work and did it all himself. He may be here 
in the room. He knows exactly how it ought to l)e done. 

Q. And how it was done ? — A. Yes, sir. 

By Mr. Christy : 

Q. You say that your remonstrances made to Mr. (Jantz were not 
listened to, and these iucomi)etent brick-layers were still continued in 
emi)loyment ' — A. I never asked Mr. Gantz but one question. I told him 
to discharge Curry the first day I went there. 

Q. Yon said, however, there were other incompetent brick-layers — 
men who did not know the business? — A. I said so. 

Q. That is true, is it ? — A. Yes, sir; I said there were incompetent 
brick-layers there. 

Q. You said the first courses were laid with good, but the rubbish, 
the inferior brick, were placed over ? — A. Yes, sir; in the second ring. 

Q. And of course an inspection now of the sewer would noi enable 
the committee to determine whether the bricks above the first course 
were proper bricks to be used or not ? — A. No, sir. If you will allow 
me to say one word, I will explain to you. Suppose that you were in 
Home, or some other country, where you had very poor material to use. 
We were taking rough material and put the rough inside and put the 
best out. At the time this sewer was constructed it was a hard matter 
to get brick here. We had to take the best we could get, and Messrs. 
Gantz & Api)leman were building this sewer. We took the best brick 
that we could get and put them on the lower surface, and put the rough 
brick in the intermediate course. 

^Ir. Mehiiic;k. The question is not whether you put the best brick 
you got in, but whether you put as good brick as ought to have been put 
in that sewer I — A. We did, under the circumstances. 

Q. I do not speak of the circumstances; but sui)pose good brick coidd 
have been gotten ? — A. We could not have gotten them at the time. 

Q. But suppose good brick could have been gotten, would it not 
have been better to put a better class of b:ick than what you did in 
there ? — A. We had to run the chances. We got as good brick as we 
could at the time. 

Q. Were they nuule fully in accordances with the specifications .' — A. 
Seven by two inches, every brick nnide there. 

Q. Were they made according to the specifications, and in all respects 
were the brick throughout of the (piality called for by the specifica- 
tions ? — A. The bricks were what we term arch-brick. 

A. That is not the question. The question is, were the brick put into 
that sewer of the (piality called for by the s[)ecitications ? — A. They 
were not. I say tliey were not. 
By the CirAiR:MAN : 

Q. They were not the brick called for l)y the specifications ? 



1540 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Mattingly. Explain that to the committee. 

A. Tlie specifications call for all red brick, solid brick, and there is no 
sewer in the world built with solid red brick. 

Q. Why not f — A. Because you cannot get them. This Capitol here 
is built with them, and the State Department, that I am working in 
now, is built with them. 

Q. With solid red brick ?— A. Yes, sir. 

Q. Yon can get them for the Government ? — A. Yes, sir ; the Govern- 
ment gives $2 or 83 more than auybody else gives for them. 

Q. Where do they come from ? — A. They pick them out of tlie kiln. 
By Mr. Wilson : 

Q. Those kilns of Gantz »S: Appleman — the solid red brick were 
picked out of them ? — A. Well, Gant/ & Appleman, I suppose, sold their 
l)aving-brick. The Government don't use anything but paving-brick. 
They take the i^aving-brick and use them upon the Government build- 
ings. 

Q. Let us understand this. Gantz & Appleman burned their own 
brick ? — A. Yes, sir. 

Q. Then they had solid red brick ? — A. Yes, sir; they sold them for 
paviug. 

Q. The solid red brick that are called for by the specifications of this 
contract they picked out of the kiln and sold then for other purposes ? — 
A. I don't want jou to understand that 1 say they called for the solid 
red brick. In sewer-work arch-brick will do. 

Q. It will do ? — A. Yes, sir; it will do a good job, too. The salmon 
brick of course they have to sell for what they can get. Paving-brick 
they sell for putting down sidewalks with. 

Q. Was that done in this case, out of this kiln ? — A. They took the 
arch-brick and hauled them to the sewer. 

Q. What did they do with the nice square brick ? — A. Sold them 
for paving all around town. 

Q. That is the way this thing was done? — A. Yes, sir. 
By the Chairman : 

Q. Are you familiar with burning brick ? — A. I know something 
about it. 

Q. What portion of the ordinary brick-kiln are salmon brick ? — A. 
Take a kiln of 200,000 brick, and I suppose there would be about 30,000 
salmon brick in the kiln. 

Q. How many arch ? — A. We take 50,000 arch. 

Q. How many solid red brick? — A. There is paviug, what we call red 
brick and light-red. I suppose out of a kiln of 200,000 brick you would 
get 100,000 red out of the kiln and 100,000 arch-brick. 

Q. Now, the red brick and the arch-brick were put into the sewer? — 
A. Yes, sir; the red and arch were put in the sewer. 

Q. And the paving-brick, the solid red brick, were picked out and 
sold for paving ? — A. Yes, sir. 

Q. And the salmon brick were sold for what ? — A. I don't know what 
he sold them at. 

Q. They were not put in the sewer ? — A. No, sir. 
By Mr. Mattingly : 

Q. Were the brick pufc into this sewer suitable brick for a sewer? — A. 
Yes, sir ; they were suitable for a sewer. 

John J. Burrows sworn. 
By the Chairman : 

Question. What is your business ? — Answer. Superintendent of build- 



TESTIMONY OF JOHN J. P.rRKO\YS. 1541 

ing- for the last three or four years; sewer-work principally; nothing 
but that. 

Q. What was your business before that? — A, I was clerk in one of 
the Departments — Quartermaster-Clenerars Otiice. 

(}. Arc you a mechanic of any kind ? — A. Xot b}^ trade. 

Q. Did you superintend this IJ-street sewer! — A. Yes, sir. 

Q. When did you begin that work — at the beginning of the sewer! — 
A. At the commencement of the work ; from the very start ; somewhere 
in the latter part of May or June, 1872. 

Q. Do you know what class of brick were put into that sewer ? — A. 
Yes, sir; the paving-brick, generally, were taken out ; were not brought 
there. The arch and pillar or dark brick. ^ There were some very light- 
colored brick used in it in coloring. 

Q. How ill quality ? — A. They were hard in quality. 

i). How do you know that '? — A. B}^ breaking them open. There was 
complaint made about the color — about their being salmon, and I went 
an<l assorted them, and broke them open to tind out what was the qual- 
ity inside, and they were far harder than they appeared to be, 100 per 
cent, liarder. 

Q. Is that a good sewer? — A. It is. 

Q. How many sewers have you seeu t — A. 1 have seen (piite a num- 
ber of them. 

Q. Where ? — A. Here in Washington and in Georgetown. 

Q. Not anywhere else ! — A. Yes, sir ; in AVashington and George- 
town. 

Q. Anywhere else ? — A. Xo, sir. 
By Mr. Mattingly : 

Q. What were Gantz and Apj)lemau's insiructious in regard to build- 
ing that sewer? — A. Tbeir instructions to me were to make a first-class 
Job of it-in every respect. 

Q. Did you make a first-class Job of it ?— A. Y^es, sir. 

By Mr. Merrick : 

Q. What was the color of those brick inside when you broke them 
open? — A. They were Considerably darker than they were on the out- 
side. 

Q. Did you examine the contract under whi(^h this sewer was con- 
structed? — A. I examined the specification. I did not read the con- 
tract. 

Q. Are you prepared to say under oath that this sewer was built 
according to those specifications ? — A. Yes, sir. 

Q. In all respects? — A. Y'es, sir. 

Q. AVhat were the specifications as to the character of the brick to be 
used ?— A. The arch- and dark-red. 

Mr. Christy. Mr, Clerk, will you please give me the contract with 
Gantz »fc Appleman ? 

Q. You state your recollection of the specifications as to the character 
of the brick to be used ; you say they were to be what ? — A. The arch 
and red brick. 

Q. Did you say a moment ago ? — A. Arch ami red. 

Q. Arch "or" or "and" red ?— -A. I don't know whicli. I think it 
was both. To the best of my recollection, boih were mentioned, red 
and aich, in the s}»ecifications. 

Q. Was there a single red brick used in the constnuition of that 
sewer? — A. Yes, sir. 

Q. All brick of these kilns that aic known as paving-brick were not 
brought to the sewer ?— A. 1 will not sav that. 



1542 AFFAIRS IN THE DI8TRICT OF COLUMBIA. 

Q. What will you say on that subject ? — A. I will say paviug-brick 
were not brought there. I dou't say all, because, as I understood, there 
they were sold for street-pavement and sidewalks. The sewer-brick 
were those dark and lighter in color than that. 

(). So that what were used were dark or lighter brick than paving- 
brick ? — A. Yes, sir ; some were the same color as paving-brick, but 
uot smooth enough to be used on sidewalks ; not true enough on the 
edges. 

Q. Don't you think that the smooth and regular brick ought to be 
used on a sewer ? — A. I don't think it is absolutely necessary. 

Q. In whose employ are you now?— A. I am not in any just now. 

Q. Did you come here under subpoena? — A. No, sir. 

Q. At whose request ? — A. ' Mr. Ai)pleman's. He is one of the firm. 

Q. You may state to the committee what conversation you had with 
him before coming here on the subject of your testimony. — A. He has 
spoken to me a half-dozen times, I suppose. He is a personal friend. 
He asked me if I would come here when summoned, and I came here 
yesterday. I met him down at his oftice and he asked me 

Mr. Mattingly. He is here at our request, 1 will state. 

[Mr. Mattingly having stated that they had uot thus far put the com- 
mittee to the expense and trouble of summoning any witnesses, Mr. 
Christy said that he wanted the rule that had been laid down by the 
committee requiring a memorandum of the points to be testified to by 
the witnesses before having them presented for examination should be 
adhered to with regard to the witnesses for the defense. The chairman 
said that if it was desired by the counsel for the memorialists, of course 
the same rule would be observed with regard to the witnesses for the 
defense as had been laid down with reference to those who were sum- 
moned on behalf of the memorialists.] 

Q. You say you are familiar wirh these specifiations ; you say you 
have examined them ? — A. I have not seen them recently. 

Q. Find the part relating to the character of the brick to be used, or 
the quality. [Handing witness the contract.] The third page refers to 
the " masonry f be kind enough to read it. 

[The witness then read as follows :] 



Will consist of best quality of mortar made smooth, well biirued, bard, whole bricks; 
of the kiud commonly known in this market as "red and arch bricks^" free from Sfiams? 
cracks, and other imperfections, laid in the manner and of the thickness shown in sec- 
tion 9 " B," for each section respectively. Every brick to be thoroughly wet by im- 
mersion in clear water, free from oils, soap-suds, or other foreign matter, before being 
laid in full mortar joints ; each brick to be laid by or at one operation ; that is, only 
the mortar for one brick to be put in at one time, and the brick immediately laid, care 
being taken that only so much mortar is nsed as may be necessary to form a full joiiit, 
and as thin as iiossible, especially in the inside course. 

Q. Now, as you are familiar with these specifications, state why it 
■was you used the light brick. Is there any authority in the specifica- 
tions for laying of light brick ? — A. Not to lay light brick, as is gene- 
rally meant by light brick. Those brick were pronounced, after inspec- 
tion, to be hard brick. 

Q. That is what the witnesses say. "They were very hard brick." — 
A. Yes, sir. They were very hard brick. 
By Mr. Mattingly : 

Q. Then I understand such brick as is called for by the specifica- 
tions were the kind of brick used in the construction of that sewer. 
Bed and dark brick ? — A. Yes, sir. 



TESTIMONY OF SMITH PETTIT. 1543 

Smith Pettit sworn and examined. 

By ]\[r. ]\rATTiNGLY: 

(Question. What is your business.' — Answer. I am in the foundery 
business. 

Q. State Avlietlier you have had any occasion to tap tliis B-street 
sewer? — A. I tapped it. I wanted to put in a ten-inch pipe, and I ap- 
])lied to the board for permission to do so. They sent a man thei^ to 
cut it for me. He came there and went to work with a small hammer 
and <'l)issel ; he worked awhile. He then turned it over to mo, and I 
cut it myself into the big" sewer. 

By the Chairman : 
Q. You got a hole through it ? — A. Yes, sir. 

By Mr. Mattingly : 

Q. From what you saw of it at that time what was the character of 
the work and material ! — A. I found it all firm and hard ; it was very 
hard to cut througli. The brick I su^jpose to be red and arch-brick from 
what I saw of them. 

Q. Y'ou did not come across any salmon brick in that cutting ? — A. 
No, sir. 

By Mr. Chi; 1ST y: 

Q. AYhere did you cut that sewer : — A. Between Fourteenth, and 
Fifteenth streets. 

Q. \Yliat is your business ? — A. In the foundery business, engine sup- 
ply, boiler building, and general iron-work. 

Q. 1 understand you to say it was you that cut it. It was not a brick- 
layer that cut it for you ? — A. I cut it myself. 

By Mr. Wilsox : 

Q. Have you furnished any iron-work fortheboai'd of public works! — 
A. Xo, sir ; no more than I have furnished some for the water-register's 
office, probably amounting to about $100. That is all the work that I 
ever did until recentlj', in the last month, probably I have done $30 or 
>'iO worth of work. 

Q. Can you tell ine who it was that furnished these castings at the 
corners where the water runs under the pavement or down in the sewer? — 
A. No, sir; I cannot. 

By Mr. Christy' : 

<^. Do you know who built the part of the sewer between Fourteenth 
and Fifteenth streets; do you know whether Gautz & Applemanvs con- 
tract covered that ? 

Governor Shephard. Gantz testified just now he did that. 

The AYiTNESS. I presume Mr. Applenuin did. I saw him there on one 
or two occasions. 1 was building at the same time. INFr. Aj)plem;iu was 
there and he wanted to sell me salmon brick to put into my building". 
1 w;is building at the corner of Fourteenth ;ind D streets at the time he 
was building that portion of the sewer. H(^ s:iid he ha<l more sabnoii 
brick tlmn lie could use, and he did not know what to do with them. 
He wanted to sell them to me, and 1 told him T had as much as I wanted 
at the ]>resent time. He told me he was not using" anv in this sewer. 



1544 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Thomas Buckley sworn. 

By the CHAIRMAN : 

Questiou. What is your business ? — Answer. Practical brick-layer. 

(i. How lonji have you been abrick-layer ? — A. I have been l)riok-lay- 
ing eight or nine years ; served my time until I was twenty-one and 
worked at it until this time, deducting twelve years that I served in 
Un^le Sam's service in the Marine Corps. 

Q. Did you work on this B-street intercepting-sewer ? — A. I worked 
on the laterals running from the B-street sewer. 

Q. Who were building this ? — A. Gantz & Apj)leman. 

Q. They were brick sewers ? — A. Yes, sir. 

Q. What kind of brick were used there? — A. Arch and pillar brick. 
Pillar-brick is the brick that is immediately on top of the arcli. 

Q. Were there many salmon brick put in there? — A. I saw no salmon 
brick on the ground at all. 

Q. Are these pillar brick red brick ? — A. Yes, sir; I have never laid 
brick in cement unless they have been wet. I was always brought up to 
that, to use wet brick in cement ; dry brick will not bind. 

Q. 1 asked you wdiether they were red, not wet? — A. Certainly they 
were red brick. They were burned black some of them. 

Q. The brick put into these lateral sewers were good red brick ? — A. 
Yes, sir. 

By Mr. ]Mattingly : 

Q. Do you know Mr. Currey * — A. I do some ; I am well ac(]uainted 
with him. 

Q. He worked on this B-street sewer? — A. Yes, sir; I saw him do 
work there. 

Q. Did you have any conversation with him relative to testifying in 
this case ? — A. !No, sir ; I have not. Mr. Currey knew it was no use to 
come to me. 

Q. Did he come to you ? — A. Xo, sir ; he did not. 

By the Chairman : 
Q. You did not regard Mr. Currey as a good brick-layer ? — A. No, I 
regarded him as a fourth rate brick-layer; in fact, not as good as some 
laborers. 

By Mr. Wilson : 

Q. Mr. Curre^", however, remained with Gantz & Apideman as long- 
as they were at work on that sewer ? — A. Yes, sir ; I believe he did. 

Q. And he was quite equal to some others who were there employed 
as brick-layers? — A. There were some others that I should term Mr. 
Currey's equals. 

Q. What were the dimensions of the lateral sewers of which you 
speak ? — A. I believe, 3-feet sewers. 

Q. What is the length of the lateral sewers ? — A. To the best of my 
recollection, I think they run from 150 to 300 feet. 

Q. How many of them were there? — A. I worked from Tenth to Six- 
teenth street. I quit at Sixteenth street. There was a sewer run under 
the lake, and they were not quick enough for me, and I could not aiford 
to lose time ; therefore I went to work elsewhere. 

Q. Do you know whether Gantz & Applemau's contract included 
the main sewer between Fourteenth and Fifteenth streets ? — A. I believe 
it did. 

Q. Are you sure of that fact ? — A. I am not sure of it. I won't say 



TESTIMONY OF WIIJ.IAM II. HOWES. 1545 

for a coi'taiiity, as I (lidn't liavo tlie time to go up there and see who was 
carrying" on work up there, but 1 kiu)\v tliey carried on work up tliere. 

William H. Howes examined. 

By Mr. Wilson : 

Question. What is your occupation.' — Answer. I have no trade; I 
am a hil)orer — a laboring- umn. 

(}. Were 30U employed on the B-street sewer in any way ? — A. Yes, 
sir ; working- there for Gautz «X: Ap|)leman. 

Q. What were you doing? — A. 1 had charge of the excavation part of 
the time, and for a short time I was with the brick-layers— just attend- 
ing- to getting- the material to them ; 1 had charge of the men. 

Q. What had you been doing i)rior to your employment in that 
capacity? — A. I was working on a farm up in Maryland with uiy father. 

Q. Did you uoticc the kind of bri(;k that went into that sewer ? — A. 
Yes, sir ; when I was with the brick-layers I did. 

Q. What kiud of brick were used ? — A. 1 believe most generally arch 
and red brick. 

Q. Were there any salmon brick that went into tliat sewer .' — A. Xo/ 
sir. 

Q. How long- were you employed on that sewer in connection with the 
brick-work! — A. I guess uot over a month. 

Q. ])o you recollect what month that was f — A. I think it was iu Oc- 
tober. 

Q. Had you had any experience in this kind of work prior to that ? — 
A. No, sii-. 

Q. AVere you emi)]oyed by Clantz »S: Applemau, or by tlie board .' — A. 
By Gantz tS: Api)leman. 

(}. You were their superintendent .' — A. Yes, sir. 

By Mr. Mattingly : 

(^. What were your duties ? — A.* I had charge of the excavations part 
of the tinu', and for a short time 1 had charge of the laborers. 

(}. ])o you know anything about the brick that was used .' — A. As- 
far as I know they were arch and red brick. 

Q. You did not work on the brick ' — A. Xo, sir. 

Lewis Clephane sworn. 

By Mr. Matttngly : 

Question. That book you have there is a book that has already been 
iiitroduced iu evidence, containing tlie deposits — list of de[»osits made 
by contractors ? — Answer. Yes, sir. 

Q. A transcrii)t of that book appears on ])age 294 of the record. I 
desire to call the attention of the committee to the last item, under the 
date of Sei>tember 1, which shows a dejtosit by T. T. Fowler of one 
thousaml (lollars. On the other side, the lirst item of September 21 
shows it is a repayment. Have you ]\lr. Fowlers bid here! — A. Yes,. 
,sir. 

^>. What is the date of that ?— A. September 1, 1871. 

By Mr. Merrick : 

Q. State whether you know that bid is in Fowler's handwriting or 
not. You have undertaken to say the receipt is Mr. Fowler's, because 
it is iu the same handwriting- that the contract is. Now state whether 
that contract is in his handwriting? 

Mr. Mattingly. I simply desire to submit this to tlie committee for 
what it is worth. 



1546 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Merrick, I object. 

Mr. Mattingly. Mr. Fowler can come here and examine it. 

Mr. Merrick. I object. 

Mr. Mattingly. I simply offer them to substantiate our records. 

Mr. IVlERRiCK. I object. Now here the witness undertakes to assert 
that Mr. Fowler gave a receipt for this deposit alleged to have been 
made by him with a view to contradict the statement of Mr. Fowler 
that he never made any deposit — that he never withdrew it, and their 
whole basis for that assertion is the presentation of certain pajiers here 
professing to be signed by Fowler, without the party assuming to know, 
or anybody else assuming to know, that Fowler ever did sign either of 
those papers. And the committee will recollect that Mr. Fowler said 
in his testimony that he never tiled any bid in his own name, and that 
he never made any deposit at all. ISTow how, under the circumstances 
of that testimony, can this allegation here, and this presentation of two 
papers with the same signatures compared by the witness, tend to 
prove any contradiction of the testimony of Mr. Fowler. They have 
established no basis at all for the purpose of showing that either of 
these papers is in the handwriting of Mr. Fowler. 

Mr. Mattingly. If the committee please, I do not care whether the 
testimony establishes any contradiction of what Mr. Fowler testi- 
fied to or not. A list of the deposits was called for. It has been intro- 
duced in evidence. It showed on the 1st of September, that some one 
under the name of T. T. Fowler deposited $1,000; that on the 21st of 
September, that same $1,000 was withdrawn, and they introduced Mr. 
Fowler on the stand to contradict that statement. We simply desire 
to substantiate the statement that is already in the record — to show the 
bid and the receipts on which the entries are based, showing the cor- 
rectness of the entries. ISTow whether this is T. T. Fowler's own proper 
signature or not I do not know, and for the purposes of the case I don't 
care. They are here ; Mr. Fowler can come and examine them and say 
whether they are his or not. I regard it as immaterial whether they 
are his or not. 

Mr. Merrick. The fact that the bid was made in the name of Fow- 
ler has already been given in evidence before the committee. 

Mr. Mattingly. Yes, and Mr, Fowler was brought here to contra- 
dict that. 

[After some discussion, it was decided to have the papers retained by 
the witness until a subpcena can be issued for Mr. Fowler, and his pres- 
ence secured.] 

J. C. Lay recalled. 

By the Chairman : 

Question. Do you know Mr. T. T. Fowler! — Answer. I do know him, 
I think. 

Q. Do you know whether you delivered to him this receipt?— A. I 
think I delivered that to him. I would not have delivered it to any 
other man. 

Q. You wrote that receipt? — A. Yes, sir. 

Q. Did the man you deliv^ered it to sign it in your presence? — A. Yes, 
sir. 

Q. Do you recognize that person as the T. T. Fowler that was con- 
nected with the Great Falls Ice Company ? — A. He is the same man. 
He is the same man who signed vouchers for the stone for M-street 
bridge. 



TESTIMONY OF LEWIS CLEPHANE. 1547 

I>y the ChAikmais' : 

<^. Did he deposit 81, (too with you? — A. No, sir j not with me. These 
i-eitifieates of de[)()sit were in the auditor's otlice. 

Q. How did you come to write that receipt? At Mr. Fowler's re- 
quest ? — A. Xo, sir ; some member of the board, either Colouel Magruder 
or the vice-president of the board, wouhl send us word to deliver to a 
certain man his receipt. We delivered the receii)t upon that request to 
the i)arties. 

Mr. Lewis Clephane recalled. 
Mr. Mattingly : 

Question. State how long you have known Mr. Sheplierd, and what 
have been yourrehitions with him ? — Answer. Mr. She])lierdand myself 
have been intimately associated from boyhood. We have been together 
in business relations and social relations and every other way. 

Q. Have you examined the statement as to the amount of your con- 
tracts api)ended to the first charge in this case ? — A. 1 have. 

Q. Just state whether it is correct or not, and if not correct, in what 
particulars '. — A. It is not correct. I would state here that on j)age 3 
of the charges of the memorialists I am represented as having con- 
tracts the estimated cost of which amounted to $312,813.03, and that I 
have received paymentson those contracts to the amount of $408,492.87. 
Those con tracts embrace work done by me individually and also by the Me- 
tropolis Paving Company. 1 believe they all generally stand in my name. 
The report from which the memorialists made this is made up by Mr. 
Severson. and is contained in his statistical tables on page 62. He sums 
it up, and says "payments exceed estimates $1)0,179.84." Now, I think 
luy entire contracts, including those of the Metropolis Paving Company, 
amounted to $358,432.24, according to his tables, and my payments only 
amounted to $299,951.27. Here is a tabular statement I have made 
from Mr. Severson's report. I have given it in detail, and I have made 
a summary here. 

Q. Is that the statement as to your contracts in his general state- 
ment :' — A. This is the general statement. 

Q. Now, just explain that fully. 

Mr. Mattingly. The committee will remember "Sir. Se\ erson filed a 
long statement. Here it is on page 30 of the charges. 

[The witness then submitted the following statement :] 

SKVEUSOX vs. SEVKKSOX. 

I'evieiv of B. Severaon^n lint of contracts, extensions, and amendments of eontracts of the 
board of jmbiic leorks from Aiifiust IH, 1871, io October, 1873, tvith the estimated cost 
thereof and pafiments made thereon, by the treasurer of the board of pablic works, as snh- 
mitted by the counsel of memorialists in their chartjes. — {See Exhibits J (ri, B62, and Cd'i.) 

L. Clephane's contracts. 

Estitiiated cost, per Severson's rei)ort $312, 813 0)? 

Shonlil be added thereto extension of contract No. 5(iU 45, (519 'il 



Total estimated cost 358, 432 24 

Claimed liy Severson's report to have been paid on the abovo 

contracts $408, •)y2 87 

Deduct as not applicable to the enumerated contracts 1U9, 04 1 50 

Payments applicable to contracts 21)0, 051 37 

Showini: a balance in favor of contractor of 58, 480 87 



1548 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



instead of 'ii.96,174.84, claimed to be overpaid ou estimates; making au 
error in bis statement of $154,65-5.71. 

Tbe estimated cost for tbese contracts is $358, 432 24 

The actual cost, per governor's answer, is 343, .530 96 

Showing tbe cost to be less than estimated 14, 901 28 



Contracts. 



No. -29. Sept 18, 1871, p. 7, B. P. W. : 
p. 340, G. A. 

No. 70. Apr. 2, lf<7l , p. U, B. P. W . . . 



No. 107. .Sopt. 23,1871, p. 14, B. P. ^V.; 
p. 342, G. A. 

No. 145. Sept. 16, 1871, p.lG, B. P. W.; 
p. 343, G. A. 

No. 159. Oct. 2, 1871, ]). 17, B. P. W. : 
p. 343, G. A. 

No. i94. Dec.12, 1871, p. 20, B. P. W. : 
p. 344, G. A. 



No. 270. April .30, 1872: p. 27, B. P. 
^y. ; p. 345, G. A. 

No. 291. MaylO, 1872, p. 30, B. P. AV.: 
p. 346, G. A. 

No. 29.5. Mav 16, 1872, p. 31, B. P.W. : 
p. 346, G. A. 

No. 460. Aug. 7, 1872, p. 53, B. P. W.: 
p. 350, G. A. 

No. 560. Oct. 8, 1872, p. 64, B. P. W. ; 
p. 352, G. A. 



No. .571. Oct. 19, 1872, p.66. B. P. W. ; 
p. 352, G. A. 

No. 57H. Oct. 19, 1872, p.66. B. P.W. : 
p. 352, G. A. 

No. 834. Aug. 12. 1873, p. 102, B. P. 
W.; p. 358, G. A. 



No. 905. Sept. 22. 1873, p. 114, B. P. 
W. ; p. 359, G. A. 



May 31 , 1873, p. 288, G. A 



Description of contracts. 



Stow woocl pavement on Eleventh street, 
northwest, from E street west to Penn- 
sylvania avenue. 

Sewer on Eighth street, northwest, he- 
tweeii Pennsylvania avenue and D 
street, northwest. 

Curb and repair sidewalk on Market 
Space, between Seventh and Ninth 
streets, northwest. 

Stow wood pavement on Market Space, 
between Seventn and Ninth streets, 
north we.st. 

Stow wood pavement on Eighth street, 
northwest, from Market Space to D 
street, northwest. 

Grade, curb, and footwalks, Stowe foun- 
dation, on Nineteenth street, north- 
west, from Pennsylvania avenue to K 
street, northwest. 

Ballard wood pavement, &e., on D street, 
northwest, between Sixth and Elev- 
enth streets, northwest. 

Round-block pavement, ■ &c., on Green 
street, Geoigetown, between Bridge 
and West streets. 

Grade, curb, brick pavement, &c., on 
Twelfth street, northwest, between F 
and M streets. (See contract No. 571.) 

Round-block pavemeut, &c., on Gay 
street, Georgetown, between Mont- 
gomery and Washington streets. 

Grade and lay round-block pavement on 
P street, northwest, from circle to 
Twenty-second street, northwest, and 
grade and lay round block pavement 
ou West street, from Rock Creek to 
Washington street. (May 31,1873, ex- 
tension to embrace West street, from 
Washington to High street, $45,619.21.) 

Miller wood pavement, ifcc , on Twelfth 
street, northwest, from F to P street, 
northwest. 

Round-block pavement on H street, north- 
west, from Third street, northwest, to 
Baltimore ami Oliio Railroad. 

Stowe wood pavement, \e., on High St., 
between AVest and Second streets, and 
on Seciind street, between Fayette and 
High strei-ts. 

Ronnd-block pavement, &c., on Market 
street, between First and Third sts., 
Georgetown. 

Contract No. 560 extended to embrace 
West street, from Washington to High 
street. 



Cost paid, 
i per govern- 
or's answer. 



$15, 950 01 

447 25 

7, 507 25 

5, 668 79 

14, 196 20 

42,760 60 
17, 874 23 



G, 415 33 
61,863 .53 



111,960 29 
25, 606 00 
28, 1.55 73 

5,125 75 



343,530 96 



Excess of estimates over cost 14, 901 28 



343, 530 96 



Estimated 
cost. 



^15, 950 01 
794 75 
309 27 

7, 060 00 
5,294 05 
13,7.51 ,-0 

38,015 00 

35, 000 00 

9, 385 90 

4, 000 00 

33, 617 90 



73. 325 00 
25, 606 00 
40, 303 35 

10, 400 00 



312,813 03 
45, 619 21 



358, 432 24 
343, .530 96 



TESTIMONY OF LKWIS CLEPHANE. 



1549 



raymnit>i made by the (reasunr of the board of public uorkfi on schedule of eontrd<ls,snb- 

mitted hii B. Seversou! 





1871. 


IOC 


Sept. 19 


lOH 


Oct. 3 


iii;> 


Oct. 16 


in 


Xov. 11 


113 


Xov. 25 



124 
126 



Dec 



1872. 
Jan. 30 



Feb. 14 



i;i4 


May 2 


111 


.June 12 


143 


June 24 


U'.i 


Aug. 3 


1.14 


Aug. 22 


1."j7 


Sept. 28 


117 


lr'72. 
Kov. 2 



124 Jan. 16 



.Jai\. 25 



132 


Mar. 


12 


133 


Mar. 


19 


136 


Miir. 


21 



143 
146 

147 
147 

U6 



Mai-. 22 



Apr. 18 
July 11 

Aug. 5 
Aug. 6 
Aug. 6 



Report for 1S72. 



M-street improvement, on September G 

Certifying work on M street 

Alarket Space 

ATooil for Market Space 

Eighth street west, from Market Space to 
6 street north. 

Wooden pavement on M .street 

Nineteenth street, from Pennsylvania ave- 
nue to K street. 

Eleventli street west, from D to 1" street 

north. 
Eiglith stieet west, from Market Space to 

fi street. 
Market Space, between Seventh and Ninth 

streets west. 
G- street north, from Seventh to Ninth 

street west. 
Repairs of wood pavements in "Washington 

City. 
Nineteenth street west, from Pcnnsj'lvania 

avenue to K street north. 
Twelfth street west, from F to M street 

north. 

Green street, Georgetown 

D street north, from Sixth to Eleventh 

street west. 
Twelfth street west, from F to M street 

north. 
D street north, from Sixth to Eleventh 

street west. 
Green street, Georgetown 



Report for 187:(. 

D street north, between Sixth an<l Eleventh 
streets west. 

Green street, Georgetown 

Nineteenth street, between Pennsylvania 
avenue and K street, northwest. 

Gay street, Georgetown 

H strei^t, between Thii-d stieet and Dela- 
ware avenue, northwiwt. 

West si reet, Georgetown 

P street, between Twentieth street and 
Pennsylvania avenue, at Bridge. 

Seventh street, between Pennsylvania ave- 
nue and D street, northwest. 

O street, between Si.\tli and Eleventh 
streets, north we.st. 

Green street. Georgetown 

Twelftli street, between F and P streets, 
northwest. 

G street, between Seventh and Ninth | 
streets, northwest. 

'i'welith street, between F and P streets, 
northwest. 

I' street, between Twentieth and Twenty- 
second streets, northwest. I 

Water .street, (West street.) Georgetown .. ' 

Seventh street, between Pennsylvania ave- 
nue and D street. 

Twelfth .street, between F and P streets. .. 

M street, between Fourteenth street and 
New Jersey avenue. 

Certilieate of iiidohtedness No. .562 

Certi(i<'ate of indebtedness, various iinmbers 

do 



145 
145 
1.19 



29 
159 
145 



194 

571 

291 
270 

571 

270 
291 



291 
194 



460 
571.' 



Treasurer's payments. 



130, 000 00 
10, 000 UO 



560 
560 



270 



291 
571 



571 

560 
560 



571 
.571 
571 



1, 365 SO 

S12 78 





8, 655 01 


1,274.86 








$4, 000 00 
2, 000 00 
.5, 000 00 



10,016 87 

15, 950 00 

244 97 

1, 461 35 



1,820 71 

3, 000 00 

2, 500 00 
8, 000 00 

6, 000 00 
5, 000 00 
2, 500 00 

5, 000 00 

1,000 00 
2, 500 00 

4,741 62 
10, 385 20 

7, 078 40 
2,959 40 



8, 263 77 



1, 220 39 

5, 889 66 



20, 000 00 
5, 000 00 
7, 000 00 



28, 000 00 



100 00 
1.200 00 
3, 300 00 



1550 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Faymenis made hij the treasurer of the hoard of public works,' tj-c. — C^oiitiuued. 







- 


S 
a 

O 

o 


.Treasurer's 


payments. 


-2 




n 

rr, <0 

M 

1= n 7, 
o > a 
o'SoS 
O 


a *i 
?.2 

05 a 

1? 
S S 

a. a 

o 


Estimate of contrai 


148 


1873. 
Aug. 6 

Aug. 13 

Aug. 13 

Aug. 19 

Aug. 19 

Aug. 21 
Aug. 21 
Oct. 20 
Oct. 22 
Oct. 22 

Oct. 27 

Oct. 28 

Oct. 28 
Oct. 30 


Repurtfor 1873-^Contiuue(l. 

D street, between Sixth and Eleventh 
street.s, northwest, hauling curb. 

Nineteenth street, between Virginia ave- 
nue and K street, northwest. 

Twelfth street, between E and IST streets, 
repairing water and sewer services. 

Twelfth street, between F and V streets, 
northwest. 

Twelfth street, between F and P streets, 
northwest, repairing water and sewer ser- 
vices. 

Certificates of indebtedness, various num- 
bers. 


270 
194 
571 
571 
571 

571 

291 
194 

560 
571A 




$203 .50 
304 36 
819 95 

1. 617 86 

3, C07 96 

19, 400 00 

4, 572 85 
106 06 

2, 867 15 

15, 220 80 

300 00 
300 00 
200 00 
200 00 
200 00 

5, 469 03 
100 00 

1,200 00 
2, 500 00 
100 00 
500 00 
278 86 
407 67 




























149 














Nineteenth street, between Pennsylvania 

avenue and I street, northwest, water 

and sewer services. 
P street, between Twenty-seeond street and 

circle, northwest. 
H street, between Third street east and 

Baltimore and Ohio Kailroad crossing. 
Certificates indebtedness, various narnbers. 
do 


















150 


571 
571 
.571 
571 
571 
560 
571 
571 
571 
571 
571 
460 
291 

560 

834 

834 

560 

571 

560 

571 
571 
834 
571 
571 














Certificates indebtedness, Nos. 544 and 546 
Certfticates indebtedness, Nos. 551 and 559. 
Certificates indebtedness, various numbers. 






183 












155 








Certificate of indebtedness, No. 419 

Certificates indebtedness, Nos. 532 and .543. 
Certificates indebtedness, Nos. 582 and 606. 






156 






157 






163 






167 
168 


Auditor's certificates, various numbers 
















Seventh street, between Pennsylvania ave- 
nue and D street, northwest. 

West street, from High to Washington 
street, Georgetown. (Extension of con- 
tract 560.) 

High street, between Second and West 
streets. 

Second street, between High and Fayette 
streets. 

West street, Georgetown. (Extension of 
contract 560.) 

Twelfth street, between F and N streets, 
northwest. 

West street, Georgetown. (Extension of 
contract 560.) 

Twelfth street, between F and M, northwest. 


1525 65 




171 


14, 199 92 

7, 032 20 

18, 565 90 

6, 157 59 

100 00 

5, 237 79 

3, 500 00 
100 00 

2, 549 58 
200 00 
500 00 


























172 












174 






176 


High street, Georgetown 














Auditors certificates, various numbers 














109,041 50 
299,951 37 


299,951 37 


1353, 432 24 














408, 992 87 






Balance in favor of contractors over esti- 






299,951 37 




58, 480 87. 















TESTIMONY OF LEWI.S CLEPIIANE. 



1551 



L. S. FILBERT'S CONTRACTS. 



Estimated cost per Severson's report $o72, 301 53 

Should be added thereto extension of eoutracts Nos. &M and lj-^2, whicli lie 

gives, but fails to carry ont the estimated cost of 41, 038 00 

C.i:?, 339 53 
Deduct error in Severson's addition 50 

Total of estimated cost - til3, 339 03 

Claimed by Severson's report to have been paid on the abuve 

contracts .fuOO, 177 16 

Add to this errors in his additions 800 00 

$500,977 16 

Deduct as not applicable to contracts eunnu^rated in his 

schedule 110,403 93 

Payments applicable to contracts 390,573 18 

Which shows a balance in favor of contractor of •222, 765 85 

below estimated cost, instead of §7"2,124.37, as reported by Seversou. 

The estimated cost of the contracts iu schedule is §613, 339 03 

The cost of the contracts per governor's answer is 616, 752 83 

Excess of actual cost over estimates is only 3, 413 80 



Coutracta. 



Xo. 27. Sept. IS, 1871, p. 6, B. P. W. ; 
p. 340, G. A. 

Xo. 31. Sept. 18, 1871, p. 7, P.. V. ^V. : 
p. 340, G. A. 

Xo. ,32. Sept. 18, 1871, p. 7 B. P. W. ] 
p. 340, G. A.' 

No. 214. Dec. 1, 1871, p. 22, B. V. W, 
p. 344, G. A. 

Xo. 249. Apr. 26, 1872, p. 25, B.P.W. 
p. 345, G. A. 



Xo. 4ir.. Julv 26, 1872, p. 47, B.P.W.: 
p. 34!>, G. A. 

No. C2G. Dec. 12, 1872, p. 72, B.P.W. 
p. 353, G. A. 



Xo. 627. Dec. 12, 1872. p. 72, B.P.W. 
p. 353, G. A. 



Description of contract. 



Lay wooden pavement on Twelfth street, 
northwest, between Pennsylvania ave- 
nue and E stn'et, northwest. 

Lay ^liller wood j'avement on F street, 
northwest, from Seventeenth street to 
Eighteenth street, northwest. 

Lay Miller wood pavement on Eight- 
eenth street, nortliwest, from I'onn- 
sylvaiiia avenue to ( i street, northwest. 

Lay DeGolyer iiaveuiint, Xo. 1, on E 
street, northwest, from Tenth to Thir- 
teenth street, northwest. 

Grade and lay Scharf pavement, and 
construct i2-inchpipe sewer, with 
man-holes, Scv., on 11 street, northwest, 
from Thirteenth to Fourteenth street, 
nortliwest. 

Grade, set curbs, &c., on Mas.sachusetts 
avenue, from Fourteenth street, north- 
west, to Xew .Jersey avenue. 

Lay Miller or D(^Golyer wood pavement 
on Tenth street, northwest, from F to 
K street, northwest. 

Originallv (■stimate<l from F to 

X street, north west, at •*4I , 986 

And estimate siibse(iueutl.v in- 
creased to embrace extension 
from N to K street, north- 
west 39, 640 



Making aggregate estimate . - - 81, 626 

Lay Miller or DeGolyer pavement on 
Eleventh str<Mt, northwest, from F to 
O street, northwest. 



or's answer. 



$9, 512 67 
8, 385 00 
17,550 00 
18, 830 50 
10, 773 65 

137, 724 48 
82, 375 95 



Si), 
8, 
H, 
1", 
10, 

138, 
■11, 



512 67 
450 00 
640 00 
375 00 
713 00 

117 50 

986 00 



56, 6.^)9 i: 



64,146 83 



1552 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

L. S. FilberCn contracts — Coutiuued. 



Contracts 



^'o. 6-28. Dec. 12, 1872, p. 72, B.PAY. 
{1. 353, G. A . 



Xo. (i^->. Bfc. 12, lriT2, p. 73, li.r.AV.; 
j>. 353, G . A. 


So. f>t=2. May ir>. li^73, ]). 78, B.P.W. 
p. 355, G. A. 



Xo. 762. Julv 17, 1873, p. 91, B.I'.W.; 

p. 35t), G. A. 
Xo.763. Julv 17, 1873, p. 91, B.P.W.; 

p. 356, G. A. 



Xo. 796. .Jnlv 28, 1673, pp. 'M. 97, V,. 
1>. W. ; p. '357. G. A. 



Desci'iptiou of contract. 



Xo. 823. Auk. 7, 1873, p. 101, B. P. 
\V. ; p. 357. G. A. 



Xo.?>.52. Got. 23, 1873. p. 118, B. P. 
W. ; p. 360, G. A. 



X'o. OOtl P. 3.'>3, G. A . 
Xo. 082. P. 355, G. A. 



Lay wood pavement on X street, north- I $29, 583 38 
west, from Niuth to Fifteentli street, I 
northwest. Extenrtefl ti> embrace side- 
walk and parking on X street, )iorth- | 
west, from Eleventh to P^)iirteenth 
street, northwest. Extended to em- 
brace sewering, curbs, &c., on N street, 
northwest, between Fourteenth and 
Fifteenth streets, northwest. 
Lay wood pavement on Louisiana ave- 
nue, from Ninth street, northwest, to 
intersection of Louisiana avenue and 
Pennsylvania avenue. 
Construct 12-inch sewer, witli necessary 
man-holes, 6cc., on Vermont avenue, 
from M to P street, northwest. (See 
estimate in governor's answer, page 
299,11,398.) 
Filberts vulcanite, itc, on Vermont ave- j 36,052 05 

uue, from M to P street, northwest. 
Filbert's vulcanite side-walks and wood 7-1, 000 00 
pavements, &c., on Xew Hampshire | 
avenue, from Massachusetts avenue to 
It street, northwest. 
Grade and set curb on F street, north- 
west, between Xinth and Fifteenth 
streets, northwest, and on Thirteenth 
street, northwest, Ijetweeu Pennsylva- 
nia avenue and F street, northwest; 
and con.struct 12-inch sewer, &c., on F 
street, northwest, between Tenth and 
Eleventh streets, northwest, ic., and 
Taylor and Filbert wood pavetncnt on 
F street, northwest, fnnu Xinth to 
Thirteenth streets, northwest, and on 
Thirteenth street, northwest, from 
Pennsylvania avenue to F street, north- 
west, and on Fourteenth street, north- 
west, from F street, northwest, to New 
i York avenue, and Filbert's vulcanite 
on F street, northwest, from Thirteenth 
to Fifteenth streets, northwest, &c. 
Brick footwalks on First street, north- 
west, from B to I street, northwest, 
and on north side of B street, north- 
west, from Xew Jersey avenue to First 
street, northwest. 
Curbing, footwalks, and wood pave- 
ments on Tenth street, northwest, 
from E to F street, northwest. 
The following are extensions to con- 
tracts upon which payments have been 
credited in the above list, viz : 
Miller wood pavement on Tenth street, 
northwest, from N to II street, north- 
west. 
See estimate in governors answer, p. 299 



Estimated 
coat. 



139,615 13 



4, 686 50 4, 086 ,50 

798 40 

26,713 96 
61,614 42 

125, 142 60 11.5, 950 60 



2, 488 27 



11,6)2 22 



6,368 80 



39, 640 00 



Excess of actual cost over estimate 



616, 752 83 
013,339 03 



613,339 03 



3,413 



TESTIMONY OF LEWIS CLEPHANE. 



1553 



Faymcnts made hy the treasurer of the hoard of pnhlic works on schedule of contracts sub- 
mitted by B. Severson. 



Date. 



117 
125 
123 



1871. 
Dec. 22 

1872. 
Feb. 9 



iVpril 25 
123 April 2.1 

135 May 10 

136 I May 16 



161 



138 


May 28 


135 


May 7 


138 


May 22 


139 
141 


June 3 
June 12 


143 


June 24 


144 


June 28 


146 
144 


July 8 
June 28 


l.'JO 
159 


Aug. 8 
Oct. 15 



Oct. 19 



Xov. 18 



118 
122 
127 
133 I Mar. 19 



Dec. 14 

1873. 
Jan. 25 



1872. 
134 Mar. 20 



135 Mar. 20 



144 
150 



April 8 
Aug. 13 



Report for 1872. 

Ifew York avenue, from Fifteenth to Ninth 
street west. 

E street north, from Tenth to Thirteenth 
street west. 

E street north, from Ninth to Twelfth 
street west. 

Seventh street north, from Pennsylvania 
avenue to canal. 

E street north, from Tenth to Thirteenth 
street. 

Seventh street west, from Pennsylvania 
avenue to canal. 

New York avenue, from Ninth to Fifteenth 
street west. 

New York avenue, from Thirteenth to Fif- 
teenth street west. 

New York avenue, from Ninth to Fifteenth 

street west. 
do 

New York avenue, from Ninth to Eight- 
eenth street west. 

Ninth street west, from Pennsylvania ave- 
nue to B street north. 

Brick, New York avenue, between Ninth 
and Fifteenth streets west. 

H street north and New York avenue 

New York avenue, from Ninth to Fifteenth 

street west. 
do 

Massachusetts avenue, from Ninth to Four- 
teenth street west. 

Massachusetts avenue, from Ninth to Elev- 
enth street west. 

Report for 1873. 

Massachusetts avenue, from Ninth to Four- 
teenth street west 
Tenth street, from F to N street west 



-do 



151 I Aug. 13 

152 Aug. 19 

153 Aug. 19 



Eleventh street, from F to O street west. . . 

H street, from Thirteenth to Fourteenth 
street west. 

New York avenue, from Ninth to Fifteenth 
street west. 

do 

H street, between Thirteenth and Four- 
teenth streets, northwest. 

Square 218 

N street, between Tenth and Fourteenth 
streets, northwest. 

Massachusetts avenue, between New Jer- 
sey avenue and Fourteenth street, north- 
west. 

Louisiana avenue, between Ninth street 
and I'(fnnaylvania avenue, northwest. 

Seventh and Ninth streets, northwest 

Alley in 8<iuare 250 

Certificate of indebtedness No. 2434 ........ 

Massachusetts arenue, between New Jer- 
sey avenue and Fourteenth street, north- 
west. 

Certificates of indebtedness, various num- 
bers. 

Vernuint avenue, between M and P streets, 
northwest. 

Certificate of indebtedness No. 3159 



98 D C T 



42 

214 

214 

214 

214 

214 

42 

42 

42 

42 
42 

214 

42 

249 
42 

42 
416 

416 



416 

626 

626 
627 
649 

42 

42 

249 



628 
416 

635 
214 



416 



682 



Treasurer's payments. 






a Moo 
O 



$3, 000 00 



12, 000 00 

6, 599 10 

6, 306 40 

12, 000 00 
20, 000 00 






100 00 



10, 000 00 
13, 000 00 



2, 871 51 
274 97 



149 60 



902 40 
400 00 



3, 500 00 



100 00 



§10, 000 00 

2, 000 00 

5, 000 00 

837 50 

993 00 



10, 421 00 



76 00 



2, 000 00 
1, 500 00 



2, 988 22 

3, 000 00 

18, 000 00 

9, 000 00 

377 34 



2, 554 02 



5, 000 00 

58, 079 78 

4, 686 50 
362 10 



5, 000 00 



839 77 



1554 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Pagments made by the treasurer of the hoard of iwhlic worlce on schedule of contracts suh- 
mitteci by B. Severson — Continued. 



156 



159 



163 
165 



166 

167 



168 
170 



172 
173 



176 
176 



Date. 



1872. 
Aug. 19 



Oct. 2 



Oct. 2 



1873. 
Oct. 2 



Oct. 2 
Oct. 2 



Oct. 2 



Oct. 21 
Oct. 22 



Oct. 27 
Oct. 27 



Oct. 28 
Oct. 28 



Oct. 28 
Oct. 30 



Oct. 31 



Report for 1873 — Continued. 

Eleventh street, between F anil streets . 

do 

Massachusetts avenue, between Ninth and 

Twelfth streets. 
Eleventh street, between F and streets .. 

do 

Massachusetts avenire, between Ninth and 

Fourteenth streets, set curb. 

Auditor's certificates, various numbers 

do 

Massnchnsotts avenue, between Ninth and 

Twflftli streets. 
New llaiiiiisliire avenue, between K street 

aud P-strect circle. 

do 

do 

do 



F street, between Ninth and Fifteenth 

streets, northwest. 
Now Hampshire avenue, between K street 

and P-street circle. 
Massachusetts avenue, between Ninth and 

Fourteenth streets, northwest. 
F street, between Ninth and Fifteenth 

street", northwest. 

Auditor's certilicate No. 2436 

Auditor's certificate, various numbers..... 

do 

Massachusetts avenue, between Twelfth 

and Fourteenth streets, northwest. 

do J... 

do 

do 

Auditor's certificates, various numbers 

N street, between Tenth and Fourteenth 

streets, northwest. 
N street, between Fourteenth and Sixteenth 

streets, northwest. 
Vermont avenue, between M and P streets, 

northwest. 
N street, between Tenth and Fourteenth 

stieets, northwest. 
Sewer on Vermont avenue, from Four- 
teenth street to P-street circle. 
Eleventh street, between F and O streets, 

northwest. 
Eleventh street, between N street and 

Rliode Island avenue. 

F street, from Ninth to Tenth street 

Auditor's certificates, various nmnbers . . . 
F street, from Ninth to Fifteentli street, 

northwest. 

do 

do 

N street north 

F street, between Ninth and Fifteenth 
streets, northwest. 

do 

As per schedule 

F street, between Ninth and Fifteenth 

street, northwest. 
New Hampshire avenue, between K street 

and P-street circle. 
F street, between Ninth and Fifteenth 

streets, northwest. 



627 
627 
416 

627 
627 
416 



416 

763 

763 
763 
763 

796 

763 

416 

796 



Treasurer's payments. 



416 
416 
416 



628 

628 

762 

628 

682 

627 

627 

796 

"796' 

796 
796 
628 
796 

796 

'796' 

763 

796 






§800 00 
1, 000 00 



500 00 

300 00 

4, 000 00 



6, 500 00 



$5, 000 00 

5, 000 00 

453 31 

5, 000 00 
5, 000 00 
5, 000 00 



731 77 

10,000 00 

10, 000 00 
7,000 00 
5,000 00 

1, 000 00 

4, 000 00 

3, 000 00 

10, 000 00 



1, 000 00 

1, 000 00 
1, 000 00 

1, 000 no 



5, 000 00 

18, 000 00 

3->, 072 00 

2, 876 03 

1, 440 96 

12, 659 17 

13, 000 00 
5, 000 00 



2, 000 00 

2, 124 71 

7, 000 00 

5, 000 00 

500 00 

3, 000 00 



40, 000 00 
5, 000 CO 
13, 000 00 



105, 403 98 390, 573 18 | §613, 339 03 



TESTIMONY OF LEWIS CLEPHANE. 



1555 



Payments niadc by the treasurer of the hoard of imhlic works on schedule of contracts sub- 
mitted by B. Severson — Continued. 





Date. 




a 
3 

S 


Treasurer's payments. 


^ 


ij 
M 


£-5.1 

l§? 

o > a 

o 


c a 

o- 


o 
3 


1-2-2 


1872. 
Jan. 19 


Ne^r York avenue, Irom Xinth street to 
Fifteenth Street. 

Payments on contracts not given 




85, 000 00 








110, 403 98 
3!)0 573 18 






Payments on contracts "riven 










Total payments per Sever.son's report. . . 










500, 977 IC 






Balance in favor of contractor over esti- 
mated cost. 




8390, .573 18 




■2:1% 765 85 



JOHN O. EVAXS'S CONTRACTS. 

Estimated co.st per Seversou's report $^2-i, 989 84 

.'^Lould be added thereto extensions to contracts Nos. o6 and 794, which he 

reports, but does not give the estimated cost of, 69, 557 '28 

And a typographical error in contract No. 694, (see governor's answer, 

page 300) 100,000 00 

Total estimated cost 994, 547 jo 

ClaimcMl by Seversou's report to have been paid by the treas- 
urer on the above contracts §8G3, 716 55 

Add error in Seversou's addition 8 00 



863,724 55 
Uednct as not applicable to the contracts enumerated iu his 
schedule 41,950 10 



Payments applicable to contracts t-oi 774 45 

172, 772 67 



Which shows a balance in favor of contractor of 

below estimated cost, instead of an overpaymeut of $38,726.71, making 
an error in his statement of $211,499.38. " 

The estimated cost of contracts iu schedule is 

The actual cost of the contracts per governor's answer is 



994, 
932, 



547 12 

735 28 



Hscess of estimate over cost 61 



311 84 



Contracts. 



Xo. 30. Stpt. 18,1871, p. 6: 
G. A. 



p, 340, 



Xo.41. Sept. 18, 1871, p. 8; p. 341, 
G. A. 



Description of contracts. 



Scharf p.iveTiicnt on Seventeenth street, 
from Pennsylvania avenno to G street 
north. 

Extended to embraco paving Seven- 
teenth street, from G street to New 
York avennc ; also from Pennsj'lvauia 
avenue to J[ street, 621,000. 

Further extended to embrace carringo- 
"^^7, ffradinf:, si<h'walk, and parking 
Seventeenth strict, between If and I 
streets north, *4 1 ,5,")7.28. 

Scharf pavement on Penn.sylvania ave- 
nue, from Fifteenth street to Madison 
Place. 

Extended to embrace ])aving Pennsylva- 
nia avenue, from Madison Place to 
Eighteenth street, northwest, $12,800. 



Cost paid 
per govern- 
or's answer. 



§86, 628 19 



44, 454 40 



Estimated 
cost. 



§23, 110 40 



3.1 .WO 80 



1556 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Contract. 



No. 246. April 24, 1872, p. 25 ; p 345. 
G. A. 

No. 293. May 10, 1872, p. 31 ; p. 346, 
G.A. 



No, 506. Sept. 7, 1872, pp. 57, 58 ; p. 
350, G. A. 



No. 511. Sept. 12, 1872, p. 58 ; p. 351, 
G.A. 



No. 555. Oct. 4, 1872, p. 63 ; p. 352, 
G.A. 

No. 620. Nov. 6, 1872, p. 71 ; p. 353, 
G.A. 

No. 621. Dec. 6, 1872, p. 71 ; p. 353, 
G.A. 



No. 622. Dec. 6, 1872, p. 71 ; p. 353, 
G.A. 

No. 650. Feb. 3, 1872, p. 75 ; p. 354, 
G. A. 



No. 694. May 22, 1873, p, 80 ; p. 3»5, 
G< A. 



No. 707. June 4, 1873, . 82 ; p. 355, 
G.A. 



Description of contract. 



Cost paid, 
per govern- 
or's answer. 



Repair pavement of road-bed on Mf- 
teeuth street, northwest, from New- 
Tork avenue to Pennsylvania avenue. 

Ballard or Stowe pavement on Pennsyl- 
vania avenue, from Eighteenth street, 
■west of circle at intersection of 
Twenty-third street west, and ai'ound 
the circle ; Pennsylvania avenue to 
Aqueduct bridge, over Rock Creek ; 
from Aqueduct bridge, along Aque- 
duct street to Bridge street, and along 
Bridge street to Market street, George- 
town. 

Amended to embrace planking of Bridge 
street, opposite market-house. 

Lay Scliarf pavement on carriage-way 
of Eighteenth street west, from Penn- 
sylvania avenue to K street, north- 
west : Miller or Stowe wood pavement 
on Twentieth and Twenty-first streets 
west, from Pennsylvania avenue to K 
street, northwest; and construct sewer- 
laterals and water-services on Twenti- 
eth and Twenty-first streets. 

Amended to embrace setting curbs, 
on Twentieth and Twenty-first streets, 
from Pennsylvania avenue to K street, 
and 12-inch and 15-inch pipe-sewers, 
man-holes, traps, ifec. 

Lay Stowe, Miller, or Ballard wood pave- 
ment on Seventh street west, from B 
street north to B street south ; same 
on East Capitol .street, from First 
to Eleventh street east ; same on E 
and F streets, northwest, from Second 
street west, to Fourth street south- 
west. 

Amended to setting curb on Seventh street 
west, from B north to B south. 

Lay Stowe pavement on High street, 
Georgetown, from Second street to 
Bridge street. 

Lay Miller or Peyton wood pavement 
on Thirteenth street west, from Penn- 
sylvania avenue to B street north. 

Lay Scharf i)avement on carriage-way 
and sidewalks of P street north, from 
Twenty-second street, northwest, to 
P-street bridge ; and on West street, 
Georgetown, 340 feet west of P-street 
bridge, over Rock Creek. 

Lay Stowe or Miller wood pavement on 
First street, Georgetown, from High 
to Fayette street. 

Furnish all material, and to cut, joint, 
&c., flag -stones in laying side-walks at 
P-street circle, Farragut Square, and 
Sixteenth-street circle ; to grade side- 
walks and set flag-stones at same. 

Set curb-stones and lay Belgian trap- 
rock pavement on B street north, from 
Twelfth to Seventeenth street west ; 
on Twelfth street west, from B street 
north to B street south ; on Fourteenth 
street west, from B street north to B 
street south ; on Seventh street west, 
from B street north to B street south ; 
and lav and park on Seventh street 
west, from B street north to B street 
south ; on Twelfth and Fourteenth 
streets west, from B street north to B 
street south ; and on B street north, 
from Twelfth to Seventeenth street 
west. 

(Error: Estimate should be |247,801.11. 
See page 355, Governor's answer.) 

Set curb-stones and lay flag-footways 
around Union reservation west of P- 
street circle. 



$4, 444 50 
174, 140 05 



36, 397 28 



14, 063 00 
17, 835 32 
9, 584 26 

20, 420 55 
43, 592 97 



Estimated 
cost. 



$4, 973 00 
161, 563 00 



134, 335 00 



7, 998 00 

17, 883 28 

9 495 60 

20 420 55 
96, 190 08 

147,801 11 



19, 254 00 



TESTIMONY OF LEWIS CLEPHANE. 



1557 



Contracts. 



Description of contracts. 



Cost paid 
per };overn- 
or's answer. 



Estimated 
cost. 



No. 709. June 5, 1873, p. 82; p. 3.')5, 
G. A. 



Xo. 7.")3. July 12, 1873, p. 895 ; p. 35fi, 
G. A. 

Xo. 793. July 25, 1873, p. 9fi; p. 357, 
G. A. 



No. 794. July 25, 1873, p. 96 ; p. 357, 
G. A. 

Xo. 916. Sept 26, 1873, p. 115; p. 
359, G. A. 



P. 300. G. A 
P. -243, G. A 
P. 243, G. A 
P. 313, G. A 



Lay Scharf concrete pavement on car- 
riage-way of Massachusetts avenue ; 
also on Rhode Island avenue ; also 
around circle at intersection of Massa- 
chusetts and Rhode Island avenues 
and Sixteenth street, northwest, and 
around the reservation on east .side of 
snid circle, iucIuiliiiL; intersection of 
X street, Massaehusctt.s and Rhode 
Island avenues, to., and j;iading and 
parking, &c. 

Lay Scharf asphalt pavement on car- 
riage-way of I street, nortliwest, from 
Tenth to' Khvonth street, northwest. 

Lay llag-fiKitways around and through 
Mount Vernon Place. 

Amended to enihrace laving tlag-foot- 
ways around the Patfiit-OHici' and 
Post-Ofiice, on F and Sevculh streets, 
northwest. 

Canceled so far as relates to work 
around Patent-OIHce and Post-Ollice. 
(See contract Xo. 181.) 

Excavation in changing grade of Penn- 
sylvania avenue, from Seventeenth to 
Eighteenth street west. 

Lay Evans concrete pavement on car- 
riage-way of B street, northeast, from 
First to Second street, northeast. 



Add error in estimate of contract Xo. 694 
Add extensions to con. Xo. 36 §21, 000 00 
Add extensions to con. No. 36. 41, 557 28 
Add extensions to con. Xo. 794 7, 000 00 



$53, 897 24 



S64, 674 27 



29, 665 20 



7,219 91 



3, 980 80 
31, 222 00 



665 53 

8,256 00 



932, 735 28 



824,989 84 
100, 000 00 

69, 557 28 



Excess of estimates over cost 



994,547 12 
932, 735 28 



61, 811 84 



Payments made hy the ireasurer of the hoard of juihlic irorls on schtdnle of contracts svi- 

mitted hi] B. Severson. 



;r 




> Contracts. 

• 


1 

s 

o 

2 

o 
O 


Treasurer's pajTnents. 


i 


"3 
o 

£ 




« a 
o ° 
zi u 

"S > 

a a 


a 
5 

"5 
a 


114 


1871. 
Dec. 5 

1872. 
Jau. 3 

Jan. 23 

April 16 

April 25 
May 2 

May 8 

May 11 

May 22 

Jane 18 


Pennsylvania avenue, between Fifth and 

Seventeenth street west.' 
Seventeenth street, from Xew Tork avenue 

to Pennsylvania avenue. 
Pennsylvania avenue, from Fifteenth to Sev- 

enteentli street north. 
Pennsylvania avenue, from Fifteenth to 

Eighteenth street west 
Pennsylvania avenue, from Fifteenth to 

Eighteenth street west. 


41 

36 

41 

41 

41 

36 
41 

246 

36 

41 

36 

36 




•SlO, 000 00 
10, 000 00 
10, 000 00 
10, 000 00 

7, 000 00 

5, 000 00 
5, 000 00 

4, 000 00 

5, 000 00 
2, 000 00 

8, 000 00 
5, 038 97 










119 






193 






139 






133 






134 


Pennsylvania avenue, from Fifteenth to 

Eighteenth street west. 
Fifteenth street wi-st, from Pennsylvania 

avenue to Xew York avenue. 
Sevente(!nth street west, from New York 

avenue to T street 
Pennsylvania avenue, from Fifteenth to 

Eighteenth stieet north. 
Seventeentli stree.t west, from New York 

avenue to T street north. 
Seventt-entli stre<'t west, from Xew York 

avenue to I street 






135 




1^ 
137 
















112 













1558 . AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Payments made hy the treasurer of the hoard of imhlic tcorlcs, ^-c. — Continued. 



187 
June 


3. 

18 


July 


16 


July 


23 


July 


25 


Aug. 


3 


Aug. 


8 


Aug. 


22 


Sept. 


T 


Oct. 


2 


1S7.' 
Juu. 


13 



Jau. 13 
Jan. 15 



Jau. 1 



Feb. 


11 


Feb. 


17 


Mar. 


19 



Mar. 22 
Mar. 19 



Contracts. 



Penusylvauia aveuue, from Fifteenth to 

Eigliteeuth street west. 
Fifteenth street we.st, from Pennsylvania 

avenue to Kew York avenue. 
Pennsylvania avenue, from Eighteenth street 

to Rock Creek. 
Pennsylvania avenue, from Eighteenth street 

to Eock Creek. 
Pennsylvania avenue, from Eighteenth street 

to Rock Creek. 
Pennsylvania avenue, from Eighteenth street 

to Rock Creek. 
Pennsylvania avenue, from Eighteenth street 

to Rock Creek. 
Pennsylvania avenue, from Eighteenth street 

to Rock Creek. 
Eighteenth, street west, from Pennsylvania 

avenue to K street. 
Pennsylvania avenue, from Eighteentli street 

to Rock Creek. 
East Capitol street, from First street east to 

Lincoln Square. 

East Capitol street, between First street east 

and Lincoln Squ.iro. 
Seventh street, between B street north and 

B street south. 
E sti-eet, between Second and Fourth streets, 

northwest. 
F street, between Second and Fourth streets, 

northwest. 
P street, between Twenty-second and' Rock 

Creek, northwest. 
Twenty-first street, between Pennsylvania 

avenue and K street, northwest. 
Bridge street, Georgetown, between High 

and M-street bridge. 
Fiist street, Georgetown, between High and 

Fayette stree+s. 
Eighteenth street, between Pennsjdvania 

avenue and K street, northwest. 
E street, between Second and Fourth streets, 

northwest. 

Stone flagging 

Stone tlagging 

Stone flagging, West street, Georgetown 

Twentieth .street, between Penn.sylvania 

avevnuo and K street, northwest. 

High and Bridge streets, Geoi-getowu 

Higli anil Aijueduct streets, Georgetown 

Twenty-lirst street, between Pennsj'lvauia 

avenue and K streets, northwest. 

P-street circle ;uid l''ai-rni;iit Square 

P-sti'eet vouchers lor dedueliou on property, 

from vouchei- 3770. 
Twentieth street, between I and K, nortliwest. 
Twentieth street, between Pennsj'lvania 

avenue and K street. 

For drops 

Flagging for board 

Bridge street, Georgetown 

Pennsylvania avenue, opposite Government 

reservation. 
E street, between Thirteenth-and-a-half street 

and Pennsylvania avenue, northwest. 
Seventh street, between B street north and 

B street soutli. 
East Capitol street, between First street east 

and Lincoln Square. 
Seventh street, between B street north and 

B street south. 



Treasurer's payments. 



.f 10, 000 00 
8, 1C9 20 
5, 705 00 



1, 873 07 
5, 627 52 



71 25 
5, 336 65 



1. 062 66 
3, 801 75 



a 5 



$454 40 

444 50 

18, 000 00 

20, 000 00 

20, 000 00 

25, 000 00 

20, 000 00 

15, 000 00 

5, 000 00 

3, 000 00 

35, 000 00 

10, 000 00 
378 13 
156 33 

2, 644 00 

3, 879 36 
462 69 

13, 535 83 

20, 420 55 

4, 448 00 
2,213 50 



4, 800 83 
9, 900 00 



139 84 
2, 498 64 



6, 232 22 



15, 625 00 

35, 000 00 

267 34 



TESTIMONY OF LEWIS CLEPIIANE. 1559 

Payments made by the treasurer of the hoard ofpuhlie ivorJcs, tj'c. — Coiitiuued. 





d 
Is 


Contracts. 


(4 

,=1 
g 

3 
a 

1 

S 


Treasurer's payments. 






° f'Z - 

V > a 
a'tig 
O 


On contracts given 
in Severson'slist 


a 

3 
y 

"o 
o 

a 


154 


1873. 
Mar. 14 

Aug. 21 

Aug. 21 
Aug. 21 

Oct. 6 
Aug. 13 

Oct. 15 

Oct 27 

Oct. 27 

Oct 28 


Twentieth street, between Pennsylvania ave- 
nue and K street, northwest. 

Seventeenth street, between B street and 
Kew Vorli avenue. 

Seventeenth street, between B street and 
New York avenue. 

Flagainu for board of public works 


506 

36 

36 

36 
694 

694 

694 

694 

650 

650 
694 
511 
511 

694 

694 
694 

694 

707 
707 
650 
694 

094 
36 

694 

30 

793 
511 

511 

511 

"03 




$90 40 

9, 000 00 

10, 000 00 

9, 000 00 
20, 000 00 

8, 000 00 
1, 000 00 

9, 000 00 
27, 000 00 

45, 000 00 
7, 000 00 

7, 000 00 

15, 000 00 
20, 000 00 

15, 000 00 

8, 000 00 
8, 000 00 
5, 000 00 

25, 000 00 

10, 000 00 
5, 000 00 

20, 000 00 

le, 000 00 

20, 000 00 
5, 000 00 

5, 000 00 

10, 000 00 

20, 000 00 
5, 000 00 

1, 084 98 

13, 372 00 

14,063 00 
13, 100 00 

17, 835 22 

14, 000 on 
















156 






157 


Twelfth street, between B street north and 

B street soutli. 
B street, between Twelfth and Fourteenth 

streets, northwest. 
Fourteenth street, between B street north 

and 15 street south. 
Twelfth street, between B street north and 

B street south. 
Farragut Square, P-street circle, and Scott 

Circle. 

"Work per schedule } 

Seventh street, between B .street north and 

B street south. 
Fourteenth street, between B street north 

and B street .soutli. 
Fourteenth street, between B street north 

and B street south. 
B street, between Twelfth and Seventeenth 

streets, northwest. 
B street, between Twelfth and Seventeenth 

streets, northwest. 

Keseivation west of P-street circle . . 

do 
























,- 










^ 
















lfi1 






Ifi" 
























l<>3 


B street, between Twelfth and Seventeenth 
streets, northwest. 














Seventeenth street, between B street and 

New Tork avenue. 
B street, from Twelfth to Seventeenth street, 

northwest. 
Sevejiteenth street, from New York avenue 

to B street south. 




«n9 


















170 


E street, between Second and Fourth streets, 

northwest. 
F street, between Second and Fourth streets, 

northwest. 
Seventh street, between B street north and 

B street south. 



























Eighte(!nth street, between Pennsylvania 
avenue and K stieet, northwest. 

Tliirteciitb street, from Pennsylvania avenue 
U> 15 street, northwest. 

Penn.sxlvaiiia avenue, from Fifteenth street 
to Koik (Jreck. 

Iligli st iiet, ( lenrgetown 


506 
020 
"03 






• 














555 
511 

620 

050 








East Capitcd street, from First to Eleventh 

street i^ast. 
Tliirteenth street, from PonnsylvanLa avenue 

to B street north. 
P-street circle 












17^ 








P.iyments on contracts not "iven 









§41, 950 10 
821,774 45 


821. 774 45 


.*994.547 12 




Payments on contracts given 

Amount reported by B. Severson 

Balance in favor of contractor over esti- 
mated cost. 












863 724 ■'55 










821, 774 45 




172, 772 67 













1560 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ABBOTT PAVING COMPANY. 

Estimated cost per Severson's report |40, 299 20 

Paid per Severson's report $225, 332 62 

Deduct as not applicable to cost 186,' 737 07 

38, 595 55 

Balance in favor of contractor of 1 703 65 

instead of an overpayment of $185,023.42 as stated by Severson. 

Estimated cost of contract 40 299 20 

Actual cost per governor's answer 50' 222 93 

Excess of cost over estimate of 9 923 73 

ABBOTT PAVEMENT COMPANY. 
Page 56, report 1873, contract No. 488. 

^os* |i.50,222 93 

Estimate _ 40 299 20 

Payments on contracts specified 38,' 595 55 

Payments on contracts not specified 186,737 07 

RECAPITULATION. 

Payments not on contracts specified 186,737 07 

Payments on contracts specified 38,' 595 55 

„ Total 225,332 62 

Reported by Severson 225 322 6. 

ANDREW GLEASON. 

Estimated cost per Severson's report 194 047 71 

Add extension of contract No. 722 " 1950 00 

Total J95 997 7 J 

Deduct contracts Nos. 819 and 940 upon which no work was done or pay- 
ments made 9 333 99 

^, • n , r, . , 186,658 72 

Claimed by Severson to have been paid on above contracts. 120, 449, 36 
Deduct as not aplicable to contracts enumerated by him. .. 21, 412 79 

99,036 57 

"Which leaves a balance in favor of contractor of 87, 622 15 

below the estimated cost, instead of $74, 598.:i3, as stated by Severson. 

The estimated cost of contracts per schedule 186, 658 72 

The actual cost per governor's answer is 182,' S:i8 56 

Showing the cost to be less than estimated 3,820 16 

ANDREW GLEASON. 



Report aacl page. 


tH 


Cost. 


Estimate. 


Payments. 


Remarks. 


Report 1873, page 5 


18 
179 
279 

700 
*722 
819 
940 


$18, 732 89 

4, 073 31 
90, 564 91 
m, 405 45 

5, 062 00 


f 17, 269 60 
3, 419 12 
83, 000 00 
79, 873 60 
1, 196 40 
7, 938 99 
1, 350 00 


S13» 367 80 

4, 350 55 

66, 318 22 

IStOOO 00 




19 




29 




81 




84 




100 






117 
















Add extension of contract No. 722 


182, 838 50 

7, 938 99 
1,350 80 


194,047 71 
1, 950 00 


99, 036 57 


2i, 412 7f» 


Deduct the following contracts : 
No. 819 


395, 997 71 
9,338 99 




No. 940 












186,658 72 





*722. Extension. 1,950 00. 



TESTIMONY OF LEWIS CLEPHANE. 



1561 



J. V. W. VANDERBURGH. 

Estimate of cost per Severson's report $540,730 20 

Paid per Seversou's report oa contracts $432, 294 97 

Deduct error in addition 304 50 



431,9'JO 73 
Deduct as not anplicablo to contracts enumerated in schedule. 21G, 9fi9 73 

11^,020 44 

Showing balance in favor of contractor of 425, 709 76 

below estimated cost, instead of $108,435.23, as reported bj' Severson. 

This larjfe excess of estimates over cost is accounted for by mixing the Abbott Pav- 
ing Company's contracts with Vanderburgh's. 

The estimated cost of contracts per schedule .$540, 730 28 

The actual cost, per governor's answer 474, 890 92 

The excess of estimates over actual cost is ()5, 839 36 



J. V. W. VANDERBURGH. 





^ 






a <o 
















Report and page. 


t4 

o 
« 

6 


Co.st. 


lEstimate. 


S S 2 

cs O a 

Ah 


Payments not on contracts 
specified. 


Report, 1873, page 20 


195 


^563 32 


1581 22 


S337 37 






190 


3, 363 56 


2, 032 41 


3, 468 56 




24 


233 


107, 600 13 


97, 737 25 


5, 000 00 


J. P. Crawford & Co. 




233i 


9, 052 56 


5, 475 80 


8, 252 56 




26 


251 


60, 510 75 


54,591 20 




J. P. Crawford & Co. 




252 
284 


11, 838 58 
382 07 


11, 838 58 
252 50 




Do 


29 


277 40 




44-45 


400 


63, 420 83 


71, 452 06 


53, 312 26 




57 


497 


032 13 


6.32 13 


662 13 






499 


22, 694 03 


29, 000 00 


33, 694 03 


$3,866.12 is outside con- 
tract. 


65 


567 


1, 619 80 


7, 262 42 


5, 570 90 




69 


603 


7, 567 37 


1, 000 00 




Crawford's estimate was 

87,000. 


70 


613 


13, 139 68 


7, 750 35 


119 00 




71 


617 


31, 303 31 


21,782 54 


24, 548 29 




80 


692 


48, 983 99 


35, 431 00 


28, 931 00 


Amended to include work 
from D to E and G to N, 
on Seventh, street. 


97 


798 
805 


16, 510 54 
5, 504 00 


26, 827 66 
7, 156 50 






98 


5, 504 00 




100 


812 
825 

847 




6, 000 00 

950 00 

17, 365 95 






101 


764 80 
13, 484 80 






105-6 


8, 950 00 




109 


866 


0, 893 00 


7, 688 00 


6, 893 00 


Includes laying concrete 
pavement. 


110 


870 


2, 853 60 


1,440 00 


1, 500 00 






871 
906 


9, 623 75 
20, 242 56 


51, 538 20 
46, 242 56 






114 


26,242 53 




115 


909 




925 13 


1,757 71 




116 


922 
923 


10,341 76 


20, 3(i4 88 
7, 392 00 






















474, 890 92 


540, 730 28 


215, 020 74 




Amount not under 


contra 
y Sevo 






216,969 73 






rson 








431, 990 47 




Amount reported b 


432, 294 97 













1562 



AFFAIRS IN THE DISTRICT OF COLUMBIA 
TEEMTER & CO. 



Eeport and page. 


Estimate. 


Payments. 


Eemarks. 


Eeport 1872, page 119 .. 




$1, 675 00 

1, 009 60 

18, 000 00 

26, 922 26 

15, 372 68 

18, 082 00 

500 00 

5, 000 00 

12, 232 22 

1, 062 66 




124 .. 






129 






129 .. 


. ..do 




129 . 


do 




129.. 

135 . . 

Eeport, 1873, page 133 . . 

133 .. 

133.. 


....do 

Bridge at E street 

James Creek Canal 

Bridge across James 
Creek Canal. 

Pennsylvania avenue 
opposite Govern- 
ment reservation. 


Slnould be ^12,327.34. See p. 133 of 1873. 
Error ; should be John 0. Evans. 




99, 856 92 


Error in addition ; should bo $99,856.42. 



Note by Mr. Severson : " The foregoing is not complete, as the board have failed to report some of 
their largest transactions with Teemyer & Co., especially for work on the canal." 

Total amount of payments to Teemyer cj- Co. 

1871. 1046, piles, &c., for M-.street bridge |1, 675 .'50 

1872. 295, work on M-street bridge 1, 009 60 

902, 912 to 914, work on Washington Canal 78, 377 64 

1426, bridge at N street, crossing James Creek Canal 5, 000 00 

1873. 752, bridge at N street, crossing James Creek Canal 12, 327 34 

1194, work on James Creek Canal .5, 000 00 

1874. 59, work on bridge at C street 1,177 61 

104, 567 69 

The amount of $104,567.69 covers the entire transactions with Teemeyer & Co. 

J. C. LAY, 
Ax'ditor Board of Public Works. 



ALBERT GLEASON. 

Estimated cost per Seversoifs report $441, 213 2C 

Add error iu addition $1,000 00 

Add exteusion of contract No. 553 4, 048 00 

Add estimate for contract No. 953 2,660 00 

7, 708 00 

448,921 26 
Deduct amount of contracts Nos. 183, 186, 215, 598, 666, 671, 792, 854, 861, 
being estimates for contracts on which no worli was done or payments 
made 143,067 05 

305, 854 21 

Claimed by Severson's report to have been paid on the above 

contracts 1 $439,348 81 

Deduct error 70 

439, 348 10 
Deduct payments not applicable to contracts enumerated by 
Severson 197,268 73 

242,079 37 

Which shows a balance of 63, 774 84 

iu favor of the contractor below the estimated cost, instead of $1,864.45, 

as reix)rted by Sev^ersou. 

Estimated cost of contracts per schedule 305, 854 21 

Cost of contracts per governor's answer 297, 361 31 

Excess of estimate over actual cost , 8,492 90 



TESTIMONY OF LEWIS CLEPHANE. 



1563 



Eeport and page. 


S 

it 

6 
"A 


Cost. 


a 
'A 


a 

a 

3 
>, 

a 
Oh 




Keportl873,p.3... 

3... 

17.. 

19.. 


2 

3 

160 

183 

186 

214i 

215 

238 

308 

342 

307 

541 

553 

553 
572 
598 
610 
629 
646 
666 

671 
673 
703 

708 
711 
740 
792 
854 
861 
953 


$1, 701 25 

769 53 
7, 356 03 


§1,701 45 

565 10 
5, 630 90 

3, 348 20 
5, 910 40 
8,679 00 
500 00 
5, 053 37 

37, 070 24 
5, 642 10 
7, 262 42 
2, 700 00 

15, 000 00 


$201 65 

753 98 
4, 856 03 


Page 112 of 1872, as A. G., for §1, 500, is 
applicable to this contract. 

Page 112 of 1872, as A. G., for §2,500, is 
applicable to tliis contract. 


19.. 






Do. 


22.. 
22.. 


9,365 82 


8, 407 62 




24.. 
33.. 
37.. 
40.. 
62.. 
63.. 


5, 063 37 
37, 070 76 
7, 922 46 
7, 923 58 
5,171 03 
21, 838 80 


2,841 00 
25, 948 83 
6, 500 72 
5,000 00 
3, 413 89 
17, 090 35 


Mr. Sevorson omits canceled, so far as 
relates to cobblestone pavement oil 
High street. 

Extension, §4,048. 


66.. 

as 


23,674 48 


37, 357 64 
2, 600 00 
4, 500 00 

29,861 44 


20, 294 04 


70.. 
72.. 
75.. 


4, 4.11 60 
30, 780 31 


4, 451 60 
25, 502 39 




77.. 




■41,201 70 

338 55 
4,458 49 
14, 150 36 
17, 132 58 




Work not don(> ; paid for in excavatioQ 

of other streets. 
Work done by other parties. 

Portion of work done by otiier parties. 
AVork suspended. 


77.. 






77.. 

83.. 
82.. 
83.. 


4, 000 00 
7, 253 00 
2, 948 00 


4, 000 00 
7, 253 00 
1, 325 00 


86.. 
96.. 


117, 770 36 


102,381 12 

1, 533 84 

86, 902 20 

672 10 


102, 037 00 




107. 






"Work suspended. 


109. 






118. 


2, 294 93 


2, 223 08 




Anionnt not under 
coutiact specified 


297, 361 31 


442, 213 26 


242, 080 78 
197,208 73 








4, 048 00 
2,660 00 




Add oxtfiision of 


439, 349 51 




Add istiiiiato of 










183 
186 
215 
598 
666 
671 
792 
854 
861 


3, 348 20 

5,910 40 

500 00 

2, 600 00 

41,261 76 

338 55 

1, 533 84 

86, 902 20 

672 10 








448, 921 26 
143, 067 05 


Albert Gleason lias thirtv-five con- 


Deduct the follow- 
ing contracts : 




tracts, and only twenty-nine are re- 
ported by Severson. 










305, 854 21 





* This estimate not in governor's answer. 

A. I will state that in Mr. Sever.son's estimates there he puts in the con- 
tracts which I had under a coniniission appointed by act of Congress, 
and whicli were afterward paid by the board of public works, but no 
contracts awarded by the board of i>ublic works. That payment on 
those contracts by the board I think amounted to some 8i*'">,0()0 or 
$9G,00(). That is for the M-street work, and is not given in the list of 
contracts of the board of public works and does not really coiiu^ under 
the board of public works. There is a clear error in his statement of 
8154,000. 



1564 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 
Q. Is that the fault of Mr. Severson or is it the fault of the manner in 
which these matters are presented to the public in the books of the 
board of public works? — A. Mr. Severson undertakes to give the con- 
tracts and these payments, state what contracts they are on and what 
streets, which if he had compared he would have seen the payments did 
not apply to the contracts which he gave. 

By Mr. MattinGtLY : 
Q. He charges you in that statement relative to your contracts, with 
the payments received for M street, and does not credit you with the 
amount of the contract "? — A. No, sir. 

By Mr. Merrick : 

Q. Did you or not receive those sums of money upon contracts from 
some source or other 1 — A. I received the amounts of money as stated 
here. 

Q. The only point of difference is as to the sources of the contracts 
and the sources of payment, not the amounts. — A. But when he makes 
a charge of overpayments, he should certainly give the contract as well, 
and not make a false statement here. 

Q. You did receive all the sums he assigned to you as having been re- 
ceived ? — A. I have enumerated them all in these statements I have fur- 
nished to the committee. 

By Mr. Mattingly : 

Q. Just state to the committee generally as to the extent of the er- 
rors ; whether you find errors all through it. — A. They are all through 
them, varying from $50,000 to $100,000 in each statement, and more. 

Q. And find errors in addition "? — A. Yes, sir ; in addition in various 
l^laces ; additions in these columns ; and then there is one error of $100,- 
000, which he really is not responsible for. It is a typographical error 
in the contract as reported in the report of 1873. It is a contract of 
8147,000 there, which should have been $247,000, which the estimate 
opposite will show. For that no blame is to be attributed to him. I 
find in every one of his statements the same discrepancies. They will 
appear from the statements I have already submitted to the committee. 

By Mr. Merrick : 

Q. Do I understand you to say that the data he gives appear any- 
where in the published reports of the board of public works ? — A. O, 
yes, sir ; they all appear there. He takes his statements from there. 

Q. His statements are all taken from the statements in the report of 
the board of public works ? — A. Yes, sir. 

Q. Has he stated anything in his papers that do not appear at some 
place in the report of the board of public works ?— A. I think not. 

By Mr. Wilson : 

Q. Has he omitted anything from his statements that does appear 
from the report of the board of public works? — A. He misrepresents 
by making payments on contracts which he does not give. 

Q. Has he omitted from his statement anything that does appear on 
the face of the reports of the board of public works? — A. No, sir; I 
think not. 

Q. Then, if there is any error there it is not his fault, but the fault of 
the party who made up these reports ? — A. It is his fault by making a 
misrepresentation here at the close of his tabular statement for the pur- 



TESTIMONY OF LEWIS CLEPHANE. 



1565 



pose of endeavoring to show that these contractors have received more 
than the estimated costs. 

Q. Does it not so appear from the face of the reports ? — A. It does 
not. 

Q. Have yon pointed ont in yonr statement where, in the report, tliose 
things can be fonnd Avhich he has omitted to state in his statement ? — 
A. Yes, sir; I have pointed ont everything. 

Q. You say that there are things appearing on the face of the report 
that he does not take cognizance of in making up his statement ? — A. 
Yes, sir. 

By Mr. Mattingly : 

Q. Are all of Mr. Severson's errors on one side °? — A. Yes, sir. I have 
not seen anything that is not. 

AViTNESS. In this matter of the M-street bridge, also, I desire to put 
in a statement. He says, on page 09 of the record, " Page 14, January 
25, construct an iron truss-bridge over Eock Creek, on the line of M 
street, northwest, between Washington and Georgetown, estimated cost, 
815,508.52." Then he gives the payments by the treasurer, and he says 
"cut turning," ending with contract price. In that he has left ont all the 
various payments made on that bridge for other purposes, and taking 
simply the contract for iron-work, and given that and not the other ex- 
penses attending the construction of that bridge. 

Tlie following is the statement that I desire to submit in regard to the 
]M-street bridge : 

M-street hridge. 



o 
o 


To whom. 


For what purpose. 


Amount. 


1871. 
•147 


C.S. English 




§298 63 


529 


13. Goodrick 


Sand 


66 66 


5?1 


P( it Diaac Mills 




350 00 


fill" 






100 00 


7.-0 




Stone 


700 00 


s05 






79 81 


104G 


J. II. Teemyer & Co 




1, 675 50 


1872. 

58 


wler & Tarwood 




75 00 


62 






25 00 


72 


C. S. Eiifilish 


....do 


169 66 


151 






350 00 


24C 






1, 050 00 


254 






66 66 


2ii:. 




Work 


1,009 60 


3tJ5 


Kcl gjj; Bridge Company 


Iron suiierstructure 


10, 000 00 


.574 






17 46 


047 






528 88 


691 


. . ; do 


....do 


1, 106 70 


739 


do 


.. .do 


803 75 


775 


... do 


....do 


son 82 


784 


... do 


....do 


86 12 


811 


. do 


....do 


1,204 13 


KJ7 


do 


do 


1,699 45 


864 


do 


...do 


403 18 


891 


do 


....do 


1, 493 62 


045 


do 


....do 


1, 192 50 


1011 






2.50 00 


1013 


... do 


....do 


250 00 


1017 




....do 


350 00 


1039 


B. Goodrick 


Sand 


61) 66 


1130 


Stono 


1,402 25 


1169 






1, 308 75 


1191 




do 


1, 926 25 


1357 


.T. O Evans &. Co 




428 50 


1407 


E. Goodrick 


Saud 


66 00 



1566 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

M-strcct hridge — Continued. 



To whom. 



For what purpose. 



Amount. 



1873. 
1411 
143G 
1574 
1612 
1654 
1775 
1843 
1850 
1869 
1931 
2003 
2062 
2119 
S144 
Qi:,<J 
2195 
2321 
2424 
2454 
2489 
2526 
2559 
2629 
2891 
2912 
3160 
■3330 
3449 
3426 

1873. 

14 
123 
203 
311 

. 376 

486 

542 

555 

669 

737 

842 

917 

1234 

1458 

1562 

1563 

1564 

1565 

1566 

1583 

1584 

1585 

1586 

1587 

1588 

1589 

1877 

1962 

2066 

2067 

2068 

2396 

2770 

3134 



Fowler & Yarwood 

Potomac Mills 

Pay-rolls 

...'.do 

B. Gooihick 

William McCutchen 

Fowler & Yarwood 

Potomac Mills 

KcllogH Iiridge Company.. 
Potoimic :\riiis 

Kclloifg Bridge Company. . 

do. 

Wheatley Brothers 

Fowler & Yarwood 

Bodwell Granite Corapauy. 
B. Goodrick 

A. RcanuT 

Pay-rolls 

... do 

...do...... 

...do 

Fowler & Yarwood 

Potomac Mills 

B. Goodrick 

Kellogg Bridge Company.. 

A. Reamer 

Fowler iSc Yarwood 

B. Goodrick 

Kellogg Bridge Comi>any . . 



...do 

...do 

...do 

James Hudson 

K(01()gg I'ridge Company 

Fo^^lcr Sc Yarwood 

Kellogg Bridge Company 

Maryland Freestone M. '&. M. Co 

J. V.' W. Vanderburgh 

Gray & Noyes 

George "Waters 

Gray & Xoyes 

George Watei-s 

C.S. English 

Pay-rolls 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

A. Schneider 

J. V W. Vanderburgh 

Pay-rolls 

do 

...do 

J. V. W. Vanderburgh 

James Hudson 

J. V. W. Vanderburgh 



Total. 



Stone 

Cement . . . 

Labor 

.. do 

Sand 

Tools 

Stone 

Cement . . . 
Freight... 
Cement ... 
Freight .. 
IroTi work . 
Lumber . . . 

Stone 

....do 

Sand 

Hauling . . 

Labor 

....do 



...do 

...do 

Stone 

Cement 

Sand 

Freight 

Hauling 

Stone 

Sand 

Iron and wood work . 



...do 

...do 

...do 

Painting 

Iron and wood work . . . 

Stone 

Hauling 

Stone 

"\\'ork on approaches 

Lamps 

Cement 

Material 

Cement 

Material 

Labor 

....do 

....do 

....do 

....do 

....do 

...do 

....do 

...do 

...do 

... do 

...do 

Iron-railing 

Work on approaches . . . 

Labor 

...do 

...do 

Slope- wall at abutment 

Painting 

Iron plates 



U, 400 00 


700 


00 


2, 317 


oo 


3, 136 34 


66 


66 


103 


00 


1,100 


00 


887 


50 


213 


40 


350 


00 


630 


85 


1, 000 00 


15 


30 


787 


50 


1,380 


62 


66 


67 


241 


50 


3, 120 


73 


3, ()04 


65 


3,181 


92 


3, 105 99 


900 00 


5".25 


00 


50 


00 


174 


08 


111 


50 


562 


50 


33 33 


1,067 


60 


203 


71 


213 


46 


17 


;)i 


7 50 


538 


05 


18 87 


16 


00 


427 


09 


4,016 


40 


100 


00 


315 00 


15 


00 


225 


75 


6 


50 


3,096 


6-' 


3,711 


20 


4, 163 


71 


2, 802 


33 


2,519 


07 


1, 7-,'2 


41 


2, 025 


47 


1, 606 


17 


1,214 


40 


827 01 


962 


39 


309 34 


2,411 


75 


4, 0-27 


95 


469 


87 


119 


75 


281 


71 


5,504 


00 


43 


86 


93 82 


105, 969 20 



The amount reported by B. Severson, on page 769 of the testimony, viz, $14,230, simply represents 
payments to the Kellogg Bridge ("ompuny on their contract to build the iron superstructure, whereas 
the amount reported by the board of public works in its report of 1873, viz, 1105,969.20, applies to the 
bridge and the approaclies thereto, abutments, retaining- walls, iron railing, lamps, painting, and all the 
required masonry, as shown in detail by the foregoing statement. 



TESTIMONY OF LEWIS CLEPHANE. 15G7 

Q. Have you indicated where they can be found in tliis statement ? — 
A. Yes, sir ; giving- the voucliers here, as reported by Colonel Magru- 
der in his report. 

By Mr. Mattingly : 

Q. To return to your contracts with the board of public works in your 
individual capacity, and as president of the Metropolis Paving Compa- 
ny, state the gross amount of these contracts. — A. 1 would state that 
the whole amount of the contracts for the ^Metropolis Paving Company 
with the board of public works amounts to 8195,532.14. 

Q. Your individual contracts ? — A. My individual contracts amount 
to $1;35,4(;l'.«)(). 

Q. ISTow please state what proportion of the amount that was done by 
the ]\Ietropolis Paving Companj- or b^- yourself was received in cash, 
and what in other modes of i)ayment. — A. I will state that the aggre- 
gate amount of contracts of the board of public works and my own 
amount to $330,054.74. 

Q. That includes the Metropolis Paving Com])any contract ?»— A. Yes, 
sir. In this statement, gentlemen, you will lind tlmt it varies from the 
statement given by me of the amount of my contracts. You will re- 
member that in these contracts they charge us for materials which go 
in to nudvc up the aggregate account in this. That is all deducted — the 
actual amount I received from the board of public works. 

By Mr. Merrick : 
Q. Less the price of material? — A. Yes, sir. 

By Mr. Wilson : 

Q. That is the whole amount received on account of your individual 
and Metroi)olis Paving Company contracts f — A. Yes, sir. I have re- 
ceived only cash to the amount of about $72,000 for the entire work, 
and about 8207,000 in bonds. The rest was in auditor's certificates. 

Q. And somewhere from 20 to 25 per cent, you received in cash ? — A. 
About that. 

Q. Can you give the committee any information as to the cost of wood 
pavements ! You have had some practical experience in laying wood 
pavements. — A. I can. I will state that I made up a statement from 
111}- books on February 29, 1872. That statement was presented to my 
company as the basis of the cost of work, and, therefore, not made up 
for the purpose of this investigation at all. That would take in con- 
tracts which I had for the paving of Pennsyhania avenue, which, of 
course, do not con)e under the board of public works. I made a profit 
ou that work of about 81.41 a yard. 

Q. \Vhat was the price of the wood pavement ? — A. For a portion of 
it— I got, for 10,9(31 yards, 83.95 a yard ; and for 20,390 yards, 1 got 83.75 
a yard. For the M-street work I got 83.10 a yard. I made on that 
work 75 cents a yard. 

(^>. Were the M-street and Pennsylvania avenue both untreated 
wood? — A. Yes, sir; for Market Space; that 1 did under the board of 
public works ; the wood was not treated, and I made 07 cents a yard 
profit on that. • 

By Mr. Merrick : 
Q. What was the contract-price of that IMarket Space ! — A. Three 
dolhirs. On Kleventli street I made 52 cents a yard, ami Xineteenth 
street, a portion of it 05 cents, and for a portion 52 cents a yard. The 
larger portion was 52 ce^ts. 



1568 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Treated wood 1 — A. That was not treated. 

Q. Give us the amount paid iu these instances. — A. On that pavement 
it was $3 a yard. Oa D and Seventh streets I made only 58 cents a 
yard. That was treated wood. That was $3.50 a yard. On Twelfth 
street I made about 70 cents a yard. That was treated wood. That was 
$3.50 a yard. I will state this : these prices are the actual amounts 
over the actual cost. Such do not include, of course, the expenses of 
office and clerk hire, and such things as that. 

By the Chairman : 

Q. Is tliat an estimate of what you received at par? — A. Yes, sir; 
taking the certificates at par. 

Q. Not including- any loss on this! — A. No, sir; taking certificates 
at par, I think, is a fair estimate of the cost of wood pavements. We 
could make sometimes more on some streets than we could on others. 

Mr. Christy. As suggested to the committee, there is one branch of 
this inquiry that we propose to suspend until the books of the Metrop- 
olis Paviyg Company are produced. There are, however, some ques- 
tions that we may ask in the absence of the books, and I now proceed 
to do so ; of course, reserving the right to call for the books hereafter. 

Mr. Mattingly. If the committee think the books are material they 
will be produced of course. 

By Mr. Christy : 

Q. You say, on the 29th day of February, 1872, that you made a 
statement of the condition of the business of the Metropolis Paving 
Company ? — A. Yes, sir. 

Q. State the names of the parties who were interested in the Me- 
tropolis Paving Company at that time, in any form, directly or indi- 
rectly, and those that, to your knowledge, had an interest in that com- 
pany. — A. It was a regular stock company, and there was quite a num- 
ber stockholders. I cannot remember all the names. 

Q. Do your books show the stockholders at that time ? — A. Of course. 

Mr. Christy. We desire to have the books produced, as the witness 
cannot speak from memory. 

By Mr. Wilson: 

Q. Who has the books? — A. I have them. They are in my possession 
at my office. If the committee insist upon having them, I can produce 
them on Monday. 

Mr. Wilson. We shall want to see them. 
By Mr. Christy : 

Q. Are you still interested in contracts under the board of public 
works? — A. lam not. 

Q. How do you explain that, in view of the fact of your having given 
bonds to keep these pavements in repair for a period of three years — 
both wood and concrete pavements ? — A. As a matter of course, I am 
responsible that far ; I have got to do that, but I am not in business 
now. 

Q. Your present office is that of collector of the District ? — A. Yes, 



sir. 



By Mr. Wilson: 
Q. By whom appointed ? — A. By Governor Shepherd. 
Q. How long have you held that position ? — A. Since December last. 
Q. I was desirous of having the letter that you read yesterday, but 



TESTIMONY OF LEWIS CLEPHANE. 1569 

the reporter seems to liave it, and I will ask you a question or two in re- 
gard to some other matters. What pavements were re])resented in this 
Metropolis Taviug Company ? — A. The Stowe, the Miller, and the 
Ballard. 

Q. Those are all wood pavements ! — A. Yes, sir. 

Q. What time was that Metropolis Paving Company organized ? — 
A. In xVngust, 1870, I think. 

Q. Do you know whether at that time movements were on foot for 
the purpose of organizing the District of Columbia under its present 
form of government ? — A. I am not certain whether there were at that 
time or not ; I know such were in i)rogress a long while ; then the move- 
ments were suspended for a considerable time. 

Q. l>o you know anything about a meeting that was held for the pur- 
pose of setting on foot this matter of the present organization of the 
District of Columbia ? — A. I know of such a meeting. 

Q. Where was that meeting held? — A. That I know nothing about 
except from the mere statements of others. 

Q. According to the best of your information, where was it held ? — A. 
I understood it wa^ held at Kilbouru and Latta's ofitice on Seventh street 
at that time. 

Q. Do you know who were present at that time ! — A. I do not. 

Q. AVas this Metropolis Paving Company organized before or after 
that meeting ? — A. That I am unable to say. 

Q. Have you anything in your possession — any data, any books, 
papers, or memoranda or any thing of any kind — that will enable the com- 
mittee to get at the date of that meeting ? — A. ivTo, sir; I have not. 

Q. Can you inform the committee where they can get the information 
on that subject ! — A. I cannot unless they can get it from Kilbouru and 
Latta. I presume they will know. 

Q. X(nv, who were the parties who originally conceived the idea of 
the organ izatiou of this Metropolis Paving Company ? — A. Well, 1 
presume I was the prime mover in it. 

Q. What other person did you consult ? — A. We had quite a number. 
Mr. Mohun was the most active with me in that arrangement — R. D. 
Mohun, 

Q. Who else ? — A. Th.ere vras Dr. Filbert and quite a large number 
brought into it by the consolidation of the three interests. There were 
three interests. There was what was called the Stowe, That was owned 
by Mr. Shepherd, Mr. Mohun, and n?.yself. Then there was the iNIiller 
patent That was owned by Dr. Filbert and Mr. Collins, of Philadelphia. 
and some other gentleman, named Martin, I think. 

Q. Who owned the balance ! — A. That was owned by Mr. Solomons 
and by Mr. Smith, 

Q. Wliat Mr. Solomons ? — A. A. F. Solomons, of the firm of Philp ic 
Solomons. 

Q. Who else ? — A. I think they were the principal ones. I could iu)t 
tell you who were in the organization. 

Q. Now, did you gentlemen have a meeting with a view to organizing 
this Metropolis Paving Company ? — A. Yes, sir. 

Q. Wliere was that meeting held '! — A. That was held at the office 
that we had taken over Mr. Shejdierd's stoie on Pennsylvania avouuH, 

Q. Did you keep minutes of that meeting ? — A. I think so. 

Q. Where are those minutes J — A. With the secretary of the com- 
pany, ]\Ir. A. M. Smith, who lives in this city. He is not now secretary 
of the c()m})any, for the company went into liquidation a year ago. 

Q. He turned the book.s over to you.' — A. 2vot those booiis : he has 
91) D C T 



1570 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

those still in his possessiou ; I have only the account- books. All the 
records of the company are in the hands of Mr. Smith. 

Q. How many meetings did you have before this company was organ- 
ized ? — A. We had several meetings from time to time. 

Q. Wliat was the character of this organization 5 was it aii incorpo- 
rated company 1 — A. Yes, sir. 

Q. Under what law was it incorporated ? — A. Under the general in- 
corporation act of rhe District of Columbia. 

Q. Was that a law of ancient date, or was it a recent act ? — A. The 
company was probably one of the first organized under that act. 

Q. Did your company procure that act ? — A. No, sir. 

Q. How long had the act been in force prior to the organization of 
your company according to the best of your recollection ! — A. I cannot 
remember anything about it. The records, I believe, show at what time 
that law was passed. 

Q. Were you at any time instrumental in securing the passage of that 
law ? — A. No, sir ; I did not know anything about it until after it was 
passed. 

Q. It was not passed with a view to this organization ? — A. No, sir. 

Q. Was the Stowe pavement laid after the organization of your com- 
I>any by any person other than your company ? — A. No, sir. 

Q. Was the Miller pavement laid by any one other than your com- 
pany, any contractors ? — A. The board did have it laid, but without any 
authority from us. 

Q. The Ballard ?— A. That, also. 

Q. That was laid without any authority from you ? — A. Yes, sir. 

Q. Was there any arrangement between your company and the con- 
tractors with reference to laying these different pavements ? — A. No, 
sir ; not until after we abandoned the contracts. After that we ex- 
pected a royalty. 

Q. Did you get a royalty from all these parties who laid this pave- 
ment! — A. No, sir ; we addressed a communication to the board of 
public works requesting that they would withhold payments from these 
parties, as they had not made a special arrangement with us, and we 
should look to the board of public works. 

Q. Are you holding a claim of that kind against the board of public 
works? — A. I hold a claim. Tliey refused to recognize it, and I there- 
fore tiled my claim against the contractors to be considered in the set- 
tlement of their account. 

Q. Where? — A. With the board of public works. 

Q, Do you recollect what the amount of th.at claim is? — A. I do not 
exactly. 

Q. About how much ? — A. Ten cents a yard on all pavements. 

Q. How much does that amount to, do you remember? — A. I don't 
think it amounts to very much. It is no object to me, because I have 
to pay that royalty to the patentee. 

Q. Exactly; but I want to get the amount of the claim. — A. I could 
furnish you that from my books, bat I cannot d(5^it from my memory. 
It is no interest to me except I am bound for all laid in the street. 

Q. Now, what was the purpose of the formation of this Metropolis 
Paving Company ? — A. To seek work and do contracting. 

Q. You had the Stowe pavement, you and Governor Shepherd and 
Mr. Mohun?— A. Yes, sir. 

Q. You could seek work without the formation of the Metropolis 
Paving Company? — A. Yes, sir. 
Q. And these parties owning the Miller pavement j they could seek 



TESTIMONY OF LEWIS CLEPHANE. 1571 

work without the foniiation of such a company? — A. Yes, sir; they 
uiijiht. 

Q. And so nii^sj^lit the parties ownino- the Ralhird ? — A. Yes, sir. 

Q. Then your sole puri)ose was to seek woik ? — xV. The sole purpose 
was to form a company for i)uttiug down'tlie best pavement. 

Q. Is that the only puriK)se now 1 — A. That is the only purpose. 

Q. You had no purpose to combine these three interests so that there 
should be no competition in bidding? — A. No, sir; there are a thou- 
sand and one ditfereut patents that could come in competition, and did 
come. 

Q. What was the necessity then for combining those three in one 
company? — A. We deemed it advantageous for us to do it. 

Q. In what way? — A. We were all intimate friends, owning these 
different patents, and we thought it best to form one company. 

Q. Why ; what advantage was it to form one company ? — A. We 
thought that it would be advantageous to have them together, and in a 
business point of view I think it was very desirable. 

Q. Did you have any sort of purpose of preventing competition be- 
tween you three parties with regard to bidding on pavements ? — A. I 
do not kiu)w al)out competitien. As a matter of course, if we united, 
each was to receive an eipial benefit; all were to share alike. 

Q. Was not it apart of your object in forming this Metropolis Paving 
Company to avoid coming in competition with each other ? — A. That 
might have been, in a measure. 

Q. AVas not that a part of the purpose! — A. It might have been. 

Q. Of course, it might hav,e been! — A. We considered the matter as 
businessmen, and, looking to business, presumed it would be better to 
have those three interests combined. We were all associated together 
in business operations and in friendly relations, and we tbouglit it best 
on the whole to form this company. 

Q, And did not you think it was best because you would not then be 
ligbtiiig each other ? — A. Certainly. 

Q. That was the rc^ason, now, why you thought it was best ? — A. Cer- 
tainly. That is a business operation, I am sure. All men in business 
do tliat. 

Q. Whi(!h of these three pavements is the most exi»ensive to lay ? — 
A. I do not think there is much difference between them except the Bal- 
lard. The Ballard [irobably will be. The blocks coidd not be cut very 
readily. We bought machinery- of different kinds for the purpose of 
cutting the blocks, but they all proved a failure. 

Q. Which is the most expensive to lay ? — A. That would be the most 
expensive. It would be the cbeai)er if we (;ould lay it, if we could cut 
the blocks ; but we cannot do tluit. 

Q. How is it as between the Stoweand Miller ? — A. I thiidc about the 
same. 

Q. Is there any difference between them ? — A. I do not think there 
is. 

Q. You have ha<l some experience with both of them ? — A. Yes, sir. 

Q. How did it prove on actual test ami experience 1 — A. My e\i)eri- 
ence is that tiiere is no dilference between them. 

Q. AVhat otiier |>atents were used of wood i)avenu'nts in this city ? — 
A. Well, (piite a numl)er of them; among others tlie Follansbee, Perry, 
DeGolyer, Morse, Filbert »& Taylor, Keystone, and there may be some 
others. 

(^ Those were all used here in this city ? — A. Yes, sir. 

Q. Wiiat wood pavements were cml)raced in the original bids that 



1572 AFFAIES IN THE DISTRICT OF COLUMBIA. 

Avere Diade on which the prices of payment were fixed, or established by 
the board 1 — A. I do not know ; we only bid for three kinds. 

Q. Yon parties put in bids for three kinds of wood pavement?— A. 
Yes, sir; the Metropolis Company did. 

Q. You put in for the Stowe wood pavement, the Miller wood pave- 
ment, and the Ballard wood pavement ? — A. Yes, sir. 

Q. Who i)ut in these several bids; was it all done by the Metropolis 
Paving Company ? — A. Yes, sir. 

Q. 80 that you had one party bidding for three different wood pave- 
ments. Bid you fix the figures at the same rate? — A. Yes, sir. 

Q. All the way through? — A. Yes, sir. 

Q. Do you know of any other wood pavements that were embraced 
in any bid that were bidfor ? — A. Yes, sir; I think all the different kinds. 
The bids will show about That. 

By Mr. Wilson: 

Q. Had you anything to do with concrete-work? — A. I had a little to 
do with it. 

Q. Did you belong to the firm that put down concrete pavements? — A. 
Y^es, sir ; with Mr. Evans first, and then I did some work for a party 
who had a contract under the General Government for layiug a pave- 
ment on G street between Seventh and Ninth streets. 

Q. Who was that party?— A. He was a Dr. Gibbs, I think. 

Q. Where does he live? — A. I thiidi he is living in the city. 

Q. What was his business? — A. That is more than I know. 

Q. Did he get the contract, or did you get it ? — A. He got the con- 
tract. He got it from the Secretary of the Interior. 

Q, It was not from the board of public works? — A. No, sir. 

Mr. Wilson.' My question had reference to the l)oard of public works, 
of course. 

Q. Do you know of any union of parties, owning concrete patents, 
into paving companies ? — A. I know of no union. Messrs. Evans and 
KilboLirn and myself were interested in the concrete pavement together. 
Mr. Evans had charge of it entirely. 

Q. What patent did you have? — A. Well, what we had was the Scharf 
princii>ally. 

Q. Did you have any other patents under your control? — A. We had 
the vulcanite. 

Q. Any other? — A. No, sir. 

Q. Did yon first form yourselves into a partnership and then purchase 
these patents, or were the patents owned by some of you prior to the 
organization of your firm ? — A. I think it was about the same time. I 
do not know as we had any pavements prior to that event. 

Q, Did you secure the patent with reference to the organization of 
the firm '? — A. We did not buy them at all. 

Q. Did you secure the exchisive right to use them in this city? — A. 
Yes, sir. 

Q. Did you do that before you formed the firm or afterward? — A. 
Before. 

Q. Who procured these different concrete patents? — A. For the Vul- 
canite there were Dr. Filbert, Mr. Kilbourn, Mr. Baldwin, Mr. Evans, 
and myself. 

Q. Then who owned the other one?— A. That, I think, Mr. Evans 
owned alone. 

Q. Then, having secured these patents, did you then form a union of 
the two, the two different interests into one? — A. Not exactly. 



TESTIMONY OF LEWIS CLEPHANE. 1573 

Q. Whnt dill you do? — A. We contracted separately. For instance, 
I believe Dr. Filbert contracted for New York avenue — to put down the 
vulcanite. 

(^ You made separate contracts, but was there a community of in- 
terest? — xV. No, sir; not entirely. Mr. Evans, Mr. Kilbourn, aiul my- 
self were interested in the Scharf pavement; that is, I was to have 
an interest in it, and Dr. Filbert controlled the other, and in ihat way 
were we four, with the addition of Mr. IJaldwin, who was to do the work, 
and have an interest. 

Q. What was he to uet for doing the work ? — A. I think $2.10. 

Q. He was to do the whole work ?— A. I think for $2.10. 

Q. He was to do the whole work ? — A. Yes, sir ; we furnished all the 
machinery and the appliances for doing it. 

Q. What nuichinery was itf — A. We had steam-engines and various 
appliaiu-es for mixing the concrete by steam — steam-boilers and all 
these things. 

Q. You, gentlemen, then, furnished the machinery for doing the work ; 
Dr. Filbert furnished the material and did the work ? — A. No, sir ; Mr. 
Baldwin did all the work. Fie furnished the material and did all the 
work, and he got 82.10. 

Q. So you got $1.4:0 a square yard for the use of the machinery ? — A. 
AVe got that nominall3\ 

Q. What do you mean by " nominally !" — A. That contract was only 
$3 a yard, if 1 mistake not. 

Q. But you got $3.50 for it ultimately ? — xl. Ultimately that was 
changed entirely; taken from the Vulcanite and given to Mr. Evans — 
the Washington Asphalt Company. 

Q. Was that same arrangement carried out? — A. No, sir. Mr. Bald- 
win's contract only ran until the 1st of January. 

Q. As long as it did run, what did you get for the use of your ma- 
chinery ? — A. All I know is when we panned out we were considerably 
behind hand. 

Q. 1 am Just simply trying to get at what your arrangement amounted 
to ? — A. Tiiat was the arrangement. 

Q. If the contract was carried out, he got $2.10 for the work and fur- 
.nished material, and you got the difference between that and the con- 
tract-pri(!e for the use of the machinery ? — A. Yes, sir. 

Q. That was taken away and given to John O. Evans, was it? — A. 
Yes, sir; that is the Scharf. 

Q. In what way did you do that work? — A. That I had really little 
to do with ; ^Nlr. p]vans arranged the whole of that. 

Q. I presume you were a party in interest, and you know soinetliing 
about what was going on ? — A. I didn't know much about that really; 
1 had only a nomiiml interest. 

Q. Did John O. Evans do the work himself or let it to somebodv 
else ?— A. He did it himself. 

Q. Why were the contracts for this Metropolis Paving Company let 
in your name exclusively ? — A. I was the president and exccutix'e olUeer, 
anrl by the l)y-laws was given full ])ower to carry out the business o[)era- 
tions of the eonii»any. 

(}. What was the jjurjiose of letting contracts in youi- individual 
name? — A. I don't know that there was any particular object in it. I 
was a responsible ])erson. 

(I. Was it publicly known that there was such an institution as the 
Metropolis I'aving Company ? — A. Yes, sir; very publicly known. 



1574 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. So tbere was no attempt to conceal tbe fact of the existence of 
that corporation! — A. Bo, sir; none whatever. 

Q. But was it publicly known that the Metropolis Paving Company 
had contracts hero ! — A. Yes, sir ; it was generally considered I repre- 
sented the Metropolis Paving Company. 

Q. You were representing yourself, also? — A. I did afterward. 

Q. Is there anybody now that can take the report of the board of 
public works, and distinguish between contracts that were let to you 
individually, and the contracts in which the Metropolis Paving Com- 
I)any had an interest"? — A. I think not. 

Q. So that so far as the world is concerned, they could not tell of the 
existence of the Metropolis Paving Company, from the report of the 
board of j)ublic works? — A. I think not; in some cases I think it is put 
down, and I signed often as the president of the Metropolis Paving 
Company. 

Q. But that was kept in the records of the office? — A. Yes, sir. 

Q. So that if Mr. Seversou fell into an error in supposing you had all 
this work, it was because of the manner in which this business was 
done, rather than any fault of his? — A. There is no attempt to conceal 
anything there. 

Q. I am not assuming that there was, and do not suppose that there 
was, and the fact is the Metropolis Paving Company is not known in 
any reports of the board of i)ublic works. — A. No, sir; 1 think their 
name is not mentioned. 

Q. Did the members of the board of j)ublic works know that this Me- 
tropolis Paving Company was having these contracts? — A. Yes, sir. I 
do not remember that any of my contracts were taken by me until after 
we had resolved to wind up the Metropolis Paving Company. 

Q. Then, as long as it was contemplated to have such an institution 
as the ^Metropolis Paving Company, that company had the contracts ? — 
A. Yes, sir. 

Q. But when it was determined to wind that up, then you began to 
take contracts on your own account ? — A. Yes, sir. 

Q. You said a while ago yon had received two hundred and seven and 
some odd thousand dollars in bonds ; what kind of bonds ? — A. They 
were improvement-bonds and the sinking-fund bonds and some sewer- 
bonds. 

Q. What amount of sewer-bonds ? — A. A very small amount. 

Q. The chief part of what you received, then, aside fiom cash, were 
these permanent improvement bonds and part of the four million loan ? — 
A. The larger portion were improvement-bonds. 

Q. AMiat do you mean by that? — A. That is the 7 per cent, improve- 
ment-bonds. 

Q. What was their value in the market at thetimeyou received them? — 
A. I considered that they ought to be worth par. I could not get par 
for them. 

Q. How much did you lack for it ? — A. I do not know that I sold any 
of them. What I did was to distribute those bonds to our shareholders 
in the company. 

Q. You made dividends of these bonds. What were they worth? 
You did not sell them at all? — A. 'No, sir; I have paid them out to 
our associates, as par, of course, the same as I received them. 

Q. They were divided up as dividends? — A. Yes, sir. 

Q. And were worth about par at that time? — A. No, sir. 

Q. What were they worth? — A. I cannot say what they were worth. 

Q. I should like to know about what thev were worth. — A. I do not 
9 



TESTIMONY OF LEWIS CHEPIIAXE. 1575 

know. T think the siiikiug-fimd bonds were selling at one tinie for 
abont 05. 

Q. How about these others? — A. I do not know. 

Q. You call these improvenieut-bonds; what were they?— \. Tiiey 
were issued for the itnprovement-of the streets, and so on. 

(}. Under what authority were they issued ?— A. I thinlc under the 
four million loan. 

Q. That is what I asked a while ai^o. Tiien you know there were 
sinkinji-fund bonds? — A. Besides there were 8 per cent, bonds, I think. 

Q. What proportion did you get of the sinking fund bonds and what 
proportion of the four millions ?— A. I cotdd not remember. I took at 
one time, for instance,, $92,000 in 8100 certiticates, wliich were issued 
by the board of public works, and those I distributed up among the 
stockholders, and they probably afterward got bonds for them. 

Q. Were they not converted afterward into these bonds ? — A. Some 
of them. Those parties who held them did with them as they pleased. 

Q. Did the board of public works take auditor's certiticates and di- 
vide them into smaller certiticates? — A. Yes, sir. 

Q. Was that done for the purpose of enabling you to distribute these 
smaller certiticates among your shareholders ? — A. That was the reason 
I took them from the board. 

Q. That was why they were issued? — A. Xo, sir; not with reference to 
that; but they were issued in that way to any one that wanted them. 

Q. That was the practice or expedient resorted to by the auditor? 
They did resort to the expedient of dividing up larger certiftcates into 
smaller ones to the end that whoever desired them might use them in 
smaller sums ? — A. Yes, sir. 

Q. And of those you took some ninety-odd thousand dollars ? — A. 
Yes, sir. 

Q. You divided them among your shareholders? — A. A portion ot 
them; not all of them, of course. 

Q. Did y<uir shareholders afterward convert them into sinking fund 
bonds or afterward into permanent-improvement bonds? — A. 1 judge 
they did so, from the fact that I find in the treasurer's rei)ort that 1 am 
charged there with the schedules — with the vouchers as per schedule, 
•which embrace these very things. It will all be charged to me, although 
I did not receive it. 

Q. Dt) you know whether anybody else had the opportunity afforded 
them of converting tLese certificates into these bonds? — A. Yes, sir ; 
everybody had that right. I think they were receivable also for taxes. 

i}. Then of this $207,000 of bonds that you received they were about 
e«|uivalent To cash, were they not? — A. 1 have included that $00,000 in 
this $207,000. 

Q. It was sul)stantially the same thing ? — A. Xot substantially. 

Q. Then the $207,000 you have said that you received in bonds was 
virtually cash, or that it was nearly e(iuivalent to cash ? — A. Not at all. 

(},. They were about worth cash ? — A. I have the bonds yet, and I 
have the sewcr-bonds also. 

Q. I will si»eak abont that in a moment. You lyive them yet, but at 
that time they were worth about cash '? — A. No, sir. 

Q. What was the $4,000,000 sold at ?— A. I do not know. 

Q. Don't you know that was sold at 05 cents ? — A. Tliey might have 
been sold at that. 

(}. Yon considered them worth that about that time, didn't you .' — A. 
I considered the sinking-fund bonds worth about 05 cents. 

f 



1576 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. "Ulieii did yon get tlie sewer-boiids ! — A. Those liave been more 
recent. I don't know • probably 

Q. Have you those yet? — A. I have some of them. 

Q. What amount do you hold now 1 — A. ISTot very many ; j)robably 
$5,000 or 80,000 worth of them. 

Q. Do yon hold in your own right or in the riglit of the Metropolis 
Paving Company ? — A. There is a large amount unpaid yet of the Me- 
tropolis Paving Company, which I hold as security for them. Parties 
would come to get their dividends and they would be paid in these things 
just as they came. 

Q. What amount of auditor's certificates do you hold — did you re- 
ceive — out of this aggregate amount that you received ? — A. The bal- 
ance, possibly, in settling up my account. 

Q. The whole amount received by you was $330,951.04 ? — A. Yes, sir. 

Q. Out of the whole amount of the $330,000, you received about 
$00,000 of auditor's certificates! — A. That may be possible. 

Q. What have you done with those auditor's certificates? — A. A good 
many of those 1 used in the purchase of material. 

Q. Are you holding any of them now ? — A. I think I have a few of 
tbem. 1 don't know what amount. 

Q. About what amount ? — A. I could not say, possibly $10,000 of them, 
and, perhaps, over that. 

Q. Then your contracts have been pretty well paid up by tl^e board 
of public works ? — A. They are all paid up by certificates. 

Q. The amount of certificates is rather small ? — A. I do not say that 
I have those certificates now. I have used them. 

Q. Then all that you ever received is about $60,000, if I understand 
you? — A. We received them all in certificates. 

Q. But you did not have any difficulty in converting them into money 
or bonds? — A. Yes, sir; very great difficulty. 

Q. You got it? — A. 1 got it, finally, from time to time. 

Q. When did you close up your work? — A. I think the last job I had 
was in September. 

By Mr. Stewart. 

Q. When was the most work done ? — A. The most of my work was 
done in the early part of 1872, I think. 

Q. You quit work before the government securities got so depreciated ? 
— A. I never had very many contracts anyway. 

Q. You were one of the early contractors ? — A. Yes, sir ; I had all the 
facilities for doing the work — saw-mill, and all the appliances ; and when 
the board were anxious to have a piece of work done in a short time, 
they generally gave me the contract. 

Q. Those who came after you — who did the work last year — their 
certificates, or evidences of indebtedness, were not so good ? — A. No, 
sir ; 1 think not. There is a general depreciation of the certificates. 

Q. When did the depreciation of the District securities commence? 
— A. That is more than I can say. They have been going down for 
some time. 

Q. A year ago what were they about ? — A. I hardly know ; they were 
better than they are now. 

Q. Better six months ago than thej' are now ? — A. Yes, sir -, since this 
investigation commenced, of course, they have begun to depreciate even 
more. 

Q. You got yours into bonds before this depreciation? — A. I did not 
say I got them all into bonds. This includes $92,000 which I received 



TESTIMONY OF LEWIS CLEPHANE. 1577 

in cortificiitps — iu $100 fertificatos — wliich T passed off to otlior parties, 
aiitl wiiicli liave been taken np, I suppose, by what Colonel Magruder 
in his it'poit calls " vouchers ])er schedule/' That \A'as not paid to me, 
althougii 1 account tor it as having- received it iu that way. 

By ]\[r, Wilson : 

Q. Doesn't it appear from Colonel Magrnder's reports that these 
ainonnts have been paid in money ? — A. Not that I know of; I cannot 
tell you anything about that. 

if. Did you ever draw any money from Colonel Magruder on these 
$100 certitjcates ? — A. Xo, sir. 

(}. What eai)ital did your Metroiiolis Company start with '^ — A. It 
started with a cash capital of about $4:0,000. 

Q. Paid np ! — A. Yes, sir. 

Q. Was that capital afterward increased? — A. Xo, sir; we never had 
really more than the $40,000 in it — actual cash capital. 

Q. How many stockholders did you have at the outset ? — A. I think 
possibly there were about twenty-live or thirty. 

Q. Who has the stock-books'? — A. I have. 

Mr. Wilson. We will be glad to have you bring the stock book or 
books on Monday morning. 

Q. Does that stock-book show all the transfers of stock that have 
been made from time to time f — A. Yes, sir. 

Q. Does it show the numbers ? — A. Yes, sir ; it shows everything. 

Q. Can you trace every man's stock — the original stock — right through 
to its present holders, through every hand through which it has passed"? — 
A. Ye?, sir. 

Q. This stock that was transferred by Governor Shepherd of which 
y-ou spoke yesterday, to whom was that tranferred '? — A. To J. S. Bald- 
win. 

Q. Is he the man who was connected with you in your company ? — 
A. Yes, sir. 

Q. Was any part of it transferred to anybody else ? — A. Xo, sir; I 
think not of that. I think he took the whole of it. I know he did. 

Q. What did he do with it ? — A. lie holds it still ; that is to say, they 
passed their stock in when I paid them up their proportion of the pro- 
ceeds of the company. 

Q. What do you mean by " passing it in f — A. They passed their stock 
iu, and it was canceled. 

Q. As you distributed the ca|)ital stock ? — A. Yes, sir. 

Q. In winding it up ? — A. Yes, sir; and have for a year past. 

Q. What dividends have you paid ? — A. About 40 per cent, on the 
capital stock, which was $1*00,000, wliich would be about $80,000. 

Q. So that you paid up $40,000 of capital stock? — A. We paid 
back that capital stock, and made a clear i)rofit of U) per cent, on 
$200,()0(>; about $80,000. 

(},. Von did not lose anything? — A. No, sir. 

Q. How long has the corporation been in existence? — A. From 
August, 1870, until April L*3, 1873, I think. 

Q. When did you cease to take contracts? — A. I do not remember 
when it was really that we had the last contract. 

By the Chairman : 
Q. Your nominal capital was $200,000 and your paid up capilal $ l(>,000? 
— A. Yes, sir. 



1578 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. When was that capital paid up ? — A. At the commencement. 

Q. That is, in August, 1870 ? — A. It was not paid up exactly at that 
time; probably running through to November or December. 

Q. All paid up by December 1 — A. I think so. 

Q. No other capital paid except the $40,000? What was that — a per- 
centage on $200,000 "?— A. Yes, sir. 

Q. And paid up pro rata by each shareholder ? — A. Yes, sir. 

By Mr. Wilson : 

Q. Your Metropolis Paving Company, if I understood you a while ago, 
had had contracts to the amount of $195,532.14 ? — A. Yes, sir. 

Q. Now you say they had paid in $40,000 of capital stock ? — A. Yes, 
sir. 

Q. And they have made $80,000 of profits ?— A. Yes, sir. 

Q. That makes $120,000?— A. About that, I guess. 

Q. And you got that out of $190,000 worth of contracts ? — A. No, 
sir. 

Q. What did you get it out of? — A. We had Pensylvania avenue and 
M street, which were not included in them. 

Q. What did you get out of them ? — A. I cannot remember the exact 
amount. Tbe bulk of our profits was in those two contracts. 

By Mr. Merrick : 

Q. You say you were paid in the bonds of the four million loan ? Did 
I understand you right ? — A. I think some of them were. 

Q. Paid by the treasurer ; the payments were all made to you by 
Treasurer Magruder? — A. Yes, sir; I think so. 

Q. Can you tell me what amount approximately of the four million 
loan was paid to you, or how many bonds of the four million loan were 
paid to you ? — A. I cannot. I do not remember how much. I made no 
distinction in regard to those things. 

Q. Can you form any approximate estimate of the number of the four 
million bonds paid to you by the treasurer ? — A. No, sir ; I could not 
from memory. 

Q. As much as $20,000, do you suppose? — A. I cannot say, for I can- 
not remember about the different bonds — the amounts of each. 

Q. But you do remember a portion of the payments made to you by 
the treasurer were in the four-million-loan bonds ? — A. I think so. 

By Mr. Mattingly : 

Q. Are you certain of that ? — A. No, sir. 

Governor Shepherd. All of the four million loan was disposed of in 
Europe. Witness is speaking of the supplemental appropriation — the 
bonds that were issued to make good the deficiency in the lour million 
loan. • 

The Witness. That is what I had reference to. There was an act 
passed by the legislature providing for the issue of bonds to make up 
the deficiency occasioned by the discounting of the four million loan. 

Q. That is the $260,000 issue of bonds, was it?— A. Yes, sir. 

Q. Not the original four million ? — A. No, sir. 

Mr. Christy. I desire that Mr. O. H. Evans, the book-keeper, shall 
produce the original books that he is under obligation to present here, 
and I should like to have him do so on Monday, in order that they may 
be examined in connection with the books of Mr. Clephaue. I refer to 
the books of the Asphalt Paving Company. 



TESTIMONY OF CHARLES E. RAY. 1579 

Charles E. Ray sworn. 

By the Chairman: 

Question. Wbire do yon reside ?— Answer. In Chicago. 

Q. What is your business f — A. Contractor. 

Q. Did you ever liear of UeGolyer & McClelland ?— A. Yes, sir. 

Q. Did you ever lay any portion of that pavement known as the De- 
Golyer & MeClelhuul contract ? — A. Yes, sir. 

Q. How much of it '? — A. About 2o,(K)0 yards. 

Q. When '! — A. Durinu- the season of 1873. 

Q. When did you be,uin it ?— A. I think about the 20th of September. 

Q. And end ?— About the 20th of November. 

Q. Where did you lay it?— A. On C street and N^w Jersey avenue; 
on B street right down here. I think it is northeast ; I would not be 
certain. 

Q. Did you have personal charge of it? — A. No, sir; I did not. 

Q. Do jou know what it cost ? — A. No, sir ; I cannot tell exactly what 
it cost. 1 have not had an opportunity to examine the books as yet. 1 
think it cost, however, from $2.70 to $2.80 per yard. 

Q. Does that include the expense of lumber, laying, grading, &c. ? — 
A. Yes, sir. 

Q. And all the material ? — A. Yes, sir. 

Q. You do not include in that cost anything paid for the original 
award?— A. No, sir; we did not pay anything for the original award. 
It had nothing to do with the original award. 

Q. You came into this matter subsequently ? — A. Yes, sir. 

Q. Do you know anything else that we ought to know as to this con- 
ti-act? — A. I could not say as to that. I do not know that I do. 

By Mr. Ma r tingly : 

Q. State about the character of this pavement, from your knowl- 
edge here and in other jdaces. — A. As far as the pavement is con- 
cerned in our town, it is a good pavement. It is considered so ; and I 
■went over the streets here yesterday to see the pavement that had been 
laid last season, and 1 think that it is in a very tine condition. 

Q. You think it is a good pavement ? — A. I tbink it is, most assuredly. 

Q. Can you give the committee the items going to make up the 
cost? — A. Yes, sir. 

By Mr. Stewart : 

Q. Did you keep the books'? — A. No, sir. 

Q. Did you superintend the putting of it down ! — A. No, sir. I know 
about tilt* cost, as near as we can decide it now. Of course, we have not 
received all for that i)avement yet, and there will be amounts to be 
charged to the cost of ttie pavement that we cannot possibly estimate 
now that will probably increase the cost of it; but I should say that 
pavement will cost from 82.70 to $2.80 per scjuare yard. 

Q. That does not include the cost of keeping it in repair? — A. No, 
sir. We cannot estimate that. No one can. That is one of the con- 
tingencies of the contract. 

By Mr. Wilson : 

Q. Who supei intended this work for you in this city ? — A. A man by 
the name ol' Clulf. Mr. Whitney had charge of the work done, and Mr. 
Clutf was under him. 

Q. Did you lay any pavement on C street, coming u[) to the Baltimore 
Depot ?— A. Yes, sir. 



1580 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have j^on looked at tliat recently ? — A. I looked at that yesterday 
with the idea of liaving wliatev^er was wron^^ about the pavement reme- 
died at once. I inteud to have it doue on Monday. There is very little 
about it that is wrong-. What is wrong I shall set men to work on 
Monday to fix, so that it shall be in good condition. 

Q. Are there places throngh which the water is coming up through 
the pavement now ? — A. Not that I have noticed, except right along the 
railroad-track. Our foreman says that when the railroad-company put 
down the stringers they set them right down on the top of the ground 
without tamping the foundation under them at all. Right along the 
side, within six or eight inches of the stringers, the pavement has evi- 
dently been working from that fact. 

Q. Did you notice whether any gravel was put under your pavement 
or not ? — A. Yes, sir, there was, for I was here times enough while the 
work was going on to know that was the fact. 

Q. What thickness of gravel was first put under it ? — A. I should 
judge it run from six to ten or twelve inches. 

Q. That pavement, then, was not put down on the ground — on the 
dirt ! — A. O, no sir ; it was not put down on the clay. 

Q. What amount of certificates of the board of public works do you 
Iiold now ! — A. Well, the certificates, to a certain extent, have been di- 
vided between McClelland and Jenkins and Ray and Whitney. 

Q. I want to know^ what amount of certificates was issued to all the 
parties who put the pavement down on account of that 25,000 yards? — 
A. I think somewhere about $80,000. 

Q. Did you get any money at all ? — A. No, sir. 

Q. None of those certificates have ever been paid ! — A. Not to my 
knowledge. 

Q. Have you discounted any of these certificates? — A. No, sir. 

Q. Have you taken into the account of the cost any depreciation of 
these certificates ? — A. No, sir ; I have not. I have simply added to 
the cost of the pavement, up to the present time, twenty-five cents a yard 
lor uon payment. 

Q. Then the actual cost is twenty-five cents less than the figures that 
you have given? — A. No, sir; it is not, because the interest on that 
account is just as much a part of the cost of the pavement as the lumber 
itself. 

Q. Have you counted any interest since you laid down that pave- 
ment ? — A. We have counted interest on our materials, and since we 
have received the certificates from the board that have not been paid, 
that represent money, but which are not money. 

Q. You have taken that into account in estimating the cost. Sup- 
pose you take out the interest, and go into tl^e market and buy this 
lumber, and do this work for cash, what then would it cost to put it 
down ? — A. I should simply deduct in that case twenty-five cents per 
square yard. 1 do not want to say it is $2.70, but it is at least that. It 
may be $2.80, because there are things that will have to be charged to 
the account yet that went into the cost of the pavement that we could 
not get at. 

Q. In making up your estimate of the cost of this pavement, have 
you taken simply what appears on the books! — A. No, sir. 

By Mr. Christy : 
Q. I understand you to say that the parties interested with you in 
laying the pavement— twenty-five thousand yards — were Judge Jenkins 



TESTIMONY OF CHARLES E. RAY. 1581 

and ^rr. Whitney ? — A. Yes, sir; Mr. Whitney is my partner, and has 
been tor abont eight years. 

Q. Jndge Jenkins Was nnited in interest in this matter ? — A. Mr. Mc- 
Clelhind and Mr. Jenkins were the sueeessors of DeCiolyer & McClelland. 
AV'e came here in Jnne, and jjurchased one third interest in the bnsiness, 
or rather in the material. They did not have any bnsiness. We pur- 
chased one third interest in the material they had on hand. 

Q. Yon came in fact, then, abont the time this contract was annulled 
— originally let to DeGolyer & McClelland ?— A. 1 could not tell you 
anything about that. 

Q. lint you knew the fact that there was a controversy between the 
board and parties interested in laying the DeGolyer &Mc('lelland pave- 
ment No. 2 ; you knew that, did you not ? — A. Well, I knew that fact. 

Q. And knew likewise that the very materials that you were to lay 
it with had been condemned by the board ? — A. Yes, sir; I knew that. 

Q. What Avas the extent of your contract with the board 1' — A. The 
extent was twenty-four thousand six hundred and odd dollars. That 
was the amount of wink we did. 

Q. How uuich did you contract to do; wluit was the award made by 
the board as to the number of square yards! — A. We laid all they 
awarded to us. 

Q. When did they award it? — A. Soon after we came into the firm, 
or formed a new tirm under the name of C. E. Jenkins & Co., and 
that new firm made an a])[>lication, and there was an award to lay 
twenty-U\e thousand square yards. There were certain streets desig- 
nated, and the quanity of paving on these streets amounted to the sum 
I mentioned. 

Q. And this was the wood that had been treated by the Samuels 
ironizing ])rocess, and the same wood that had been condemned by the 
board ? — A. I do not know that the wood was ever condemned. 

Q. Of course, I ought not to ask you to commit yourself to that. 
There has been a controversy as to some wood? — A. I umlerstood when 
we came into the tirm the controversy was in regard to the manner of 
laying this pavement, and not in regard to the materials that entered 
into the pavement. 

Q. If you i)lease, state the manner in which the laying by yourselves 
dill'ered from the uninnerin which the pavements were laid on Pennsyl- 
vania avenue east? — A. It diltered somewhat in taking pains with the 
work. 

(^. In what respect — in the formation of the foundation ? — A. In the 
formation of the foundation or i)utting down of the blocks, and the 
tanq)ing of the gravel between the blociks. 

Q. Do you use a greater proportion of wood than was used as it was 
. formerly laid by De Golyer & xMciCleiland ? — A. That I do not know, for 
I do m)t know how much they used. 

Q. Then tliere wouhl be mj additional element of cost except the ad- 
ditional care in laying the paveuient ? — A. No, sir; not of necessity. 

By Mr. Wilson : 

Q. Did you receive, in your purchase, any letters or papers from Chit- 
tenden ? — A, I did not. 

Q. Did you ever see any? — A. I never saw any in his name. 

Q. Were you consulted in regard to the destruction of any letters? — 
A. No, sir ; 1 never was. 

(}. You know they were destroye<l ? — A. I do not know anything 
al)()ut it except liy hearsay. I read in the testimony ol' Judge Jenkins 
that he destroyed these papers, and that is all I know about it. 



1582 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

A. B. KiRTLAND recalled. 
By Mr. Thurman : 

Question. You are acquainted with G. A. Wilcox, are you ! — An- 
swer. I am acquainted with Girden H. Wilcox. 

Q. I mean Mr, Wilcox, a clerk in the Sixth Auditor's Office, who has 
testified here! — A. Yes, sir; 1 presume it is the one. 

Q. The same man at whose house you were last week ? — A. Yes, sir. 

Q. Did you have any conversation with him as to what you had done 
with this 172,000?— A. No, sir. 

Q. None at all ?— A. No, sir. 

Q. Didn't you tell Mr. Wilcox that you did not have the benefit of all 
that money ? — A. No, sir. 

Q. You never told him anything of that kind ? — A. No, sir; nor any 
other man. 

Q. You never told him that you could not tell what became of that 
money without implicating persons in high station ? — A. No, sir. 

Q. Nothing of that kind ? — A. No, sir. 

Q. Did you tell Mr. Storrs, at the Ebbitt House or at the interview 
he had with you at Mr. Wilcox's house, that you could not tell what be- 
came of that money or those notes without implicating certain persons 
in high stations ? — A. I never had any conversation with Mr. Storrs on 
the subject. 

Q. What conversation did you have with Mr. Storrs °? — A. I had a 
general conversation with Mr. Storrs. 

Q. Any conversation with reference to what had become of those 
notes or the money — the proceeds of them ? — A. 1 had no conversation 
with him. He asked me a few questions in regard to them. 

Q. What do you call a conversation ? He asked you some questions 
in regard to them, you say. Tell us what he did ask ? — A. He seemed 
to be anxious to know whether Mr. Chittenden had been benefited by 
the proceeds of any of those notes ; and I told him "No." That is all he 
ever said in regard to the notes. 

Q. In any conversation you had with Mr. Storrs 1 — A. That is all. 

Q. If Mr. Storrs, then, has testified that you told him that you could 
not disclose what became of those notes or of their proceeds, without 
implicating persons in high station, you say that that was an untruth- 
ful statement? — A. If he has testified so, it is. 

Q. You never had any such conversation with him, either at Wilcox's 
house or at the Ebbitt House I — A. No, sir. 

Q. Did you ever tell anybody else that your testimony would be in- 
jurious to persons in high station if you were to tell the whole truth ? — 
A. No, sir ; never. 

Q. If any persons have testified, then, before this committee that you 
did say so, you say their testimony is untrue? — A. Yes, sir. 

Q. Were you ever asked by anybody since you have been here, and 
before you came before the committee, what you did with those notes or 
their proceeds? — A. I presume I have. 

Q. By whom ? — A. I cannot remember. 

Q. Can you remember one person who asked you ? — A. No, sir. 

Q. You cannot remember a single person ? — A. No, sir. 

Q. Why, then, do you presume you have been asked ? — A. Because it 
has been published in the papers throughout the land. I presume I 
have been asked by a thousand persons. 

Q. Since you came to this city ? — A. I do not know that. 

Q. Since the publication ? — A. I have since this investigation. 



TESTIMONY OB" A. B. KIRTLAND. 1583 

Q. By the thousand iiersoiis ? — A. I do not know button thousand. 

Q. AVill you please give, us the name of any one of those ten thou- 
sand people ? — A. I don't remember any one. 

Q. You eannot remember any one '! — A. No, sir. 

Q. Where were these iiKjuiries by the ten thousand or the one thou- 
sand made ? — A. In New York and my home. 

Q. At Greenbush, opposite Albany ?— A. Yes, sir ; Eeussellaer 
County, New Y^ork. 

Q. This matter, then, had attracted the attention of people there!— 
A. Y'es, sir ; very louch to my disgnst. 

Q. A great many people asked you about it? — A. Yes, sir. 

Q. What is the population of the village of Greenbush ? — A. That I 
do not know. 

Q. One thousand ? — A. O, yes, sir; more than that. 

Q. Two ?— A. More than that. 

Q. Three ?— A. I think so. 

Q. Four ? — A. I thought it was a very large place since the investi- 
gation. 

Q. Please to give us an answer at once. — A. I do not know, really. 

i). ]>nt you think as many as ten thousand people have asked you 
■what became of those notes and that money ? — A. ^Nlore or less. 

Q. A good many less, don't you think '? However, I will let that go. 
Y'ou wrote a letter from New Y'ork on the loth day of last mouth (April) 
to Mr. Wilcox that was shown to you yesterday ? — A. Yes; it was read 
to me. 

Q. In that letter you say this : " I presume I shall be compelled to 
])nt in an appearance before the committee, but somebody will be sorry." 
Who is that somebody that you thought would be sorry if you put in 
an appearance here? — A. AN'ell, I should be sorry myself. 

Q. I have no doubt you are very sorry, but I want to know to whom 
you allude when you say "somebody will be sorry." — A. If I had Mr. 
Wilcox's letter to compare with that, I think I answered his question 
right through. I think it was my wife, because he asked about my wife. 

(}. You think the somebody that you are apprehensive would be sorry 
was your wife ? — A. Yes, sir. 

Q. That you tell us under oath ? — A. I presume I have not been ab- 
solved from my oath. 

Q. I want you to explain the next sentence: "I anj perfecting a 
scheme that will, I expect, knock the legs from under a certain crowd." 
Please explain what that scheme was that you were perfecting, and 
who were the crowd whose legs were to be knocked from under. — A. 
Nobody connected with anything in Washington. 

Q. That 1 did not ask you. I want alliruiative answers, not negative 
answeis. State wliat that was, that scheme that you weie perfecting, 
and who the crowd was, and whose legs were to be injuriously affected 
by that sclieme '? — A. I am not a very dangerous man. 1 «lo not remem- 
ber what the scheme was. Wdcox was engaged in some thiugs in New 
York. 

Q. You do not remember wiiatthe scheme was? — A. No, sir. 

(I. Well, do you rememl)er who tlie crowd was ? — A. I knew the 
crowd was engaged in some of his transactions there. 

Q. W^iio was the crowd wliose legs you expected to knocl< from under 
them ? — A. I do not remember who they were. 

(-i. Let us see if y<)ur memory will l)e any better when we get a little 
furtiier on. " I think McC. made an ass of himself." Wlio is McC. ? — 



1584 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

A. He inclosed the testimony of Mr. McClelland. I presume I refer to 
Mr. McClelland. 

Q. Please tell us why you think McClelland made an ass of himself. — 
A. In a good many respects. I suppose, I allude to his testimony, 

Q. In what particulars in his testimony did Mr. McClelland make an 
ass of himself? — A. He did poor work, and then acknowledged it; and 
1 think any man will make an ass of himself who does that. 

Q. That was the reason ? — A. Yes, sir. 

Q. You think if a niau does « poor job, and has the veracity to ac- 
knowledge it, that that makes an ass of him ? — A. I didn't think it was 
necessary, the way the w^orld wags now. 

Q. That is the conclusion that, from the way the world wags, the man 
who tells the truth makes an ass of himself? — A. He injured himself by 
doing it. 

Q. And you do not intend to injure yourself, if you can help it 1 — A. 
But I intend to tell the truth, if it takes me to the end of the session. 

Q. Is there any other particular in McClelland's testimony which 
makes you think he makes an ass of himself? — A. I do not remember 
what it was now that he inclosed to me. 

Q. I will continue the reading : "I don't know what Chittenden will 
say." You had this letter, but Chittenden had not testified, or you had 
not received his testimony? — A. I do not know whether he had or not. 

Q. "He too may develop his ears." So you thought there was a pos- 
sibility of Chittenden's making an ass of himself? — A. If he developed 
his ears, that would make an ass of him — I presume so. 

Q. That is what you meant. Wherein did you think it possible for 
Chittenden to make an ass of himself by telling the truth? — A. I do not 
think that thing has been mentioned at all. 

Q. You say that McClelland made an ass of himself by acknowledging 
the truth that his pavement was not a good pavement, and that his work 
was not well done, and you think, as the world wag^, that was a very 
assiniue thing on his part. I want to know how you know that Chit- 
tenden was going to make an ass of himself in this manner? — A. Chit- 
tenden did not lay any pavement, and could not make it in the same 
manner. 

Q. What was it that you thought Chittenden might make an ass of 
himself about — by telling the truth? — A. I presume that he told the 
truth. 

Q. What Avas it you thought he might tell that would be stupid on his 
part? — A. Did I say McClelland did not tell the truth ? Did I infer any- 
thing of that kind? 

Q. I want you to answer my question.. What was it you thought that 
Chittenden might tell which would be stupid on his part, or cause him 
to make an ass of himself? You say that might be so. — A. Well, if I 
said so, I will take it all back. I do not think he did. 

Q. fSince you have seen his testimony ? — A. I don't think I said so. 

Q. He was not guilty of any such weakness as McClelland? — A. He 
didn't lay any pavement here. 

Q. I will read further from the letter: "And so may your humble ser- 
vant, you can't tell, you know." So you were, too, apprehensive that 
you might make an ass of yourself if you came here to testify. " You can't 
tell, you know." Wherein did you think it was possible you might 
make an ass of yourself if you came here to testify ? — A. I didn't want 
to come here to testify. 

Q. That is not an answer to my question at all. What was it you were 
apprehensive you might do or say, or that might be drawn out of you '? — 



TEg1:iM0NY OF A. B. KIRTLAND. 1585 

— A, That is jnst what I expected ; soinetlihig to be drawn out of me, 
wherein I might make an ass of myself. There is nothing on the sur- 
face, though, that appears that way. 

This letter then goes on, "I bought the Sun, but fail to find that in- 
teresting column devoted daily to the 'board of public plunder.' Two 
very interesting editorials on the subject, however, appear, and will in a 
measure satisfy the public of this city for the loss of the Washington 
letter. I am nowhere in particular and everywhere in general nowa- 
days, otherwise, no doubt, I should have received their suhpiena before 
now. But I will soon feel like rising to exiilain my position."' What is 
that i)osition of yours that you would feel like rising to exi)laiu? 

The Witness." Do I understand that that is in that letter ? 

Q Yes, sir. You state timt in that letter; you use this language in 
the letter, " but I will soon feel like rising to explain my position." What 
do you mean by that ? — A. I do not know. It seems to be the habit of 
])eople here to explain. 

Q. What position have you to exidain ? You say you wonld soon feel 
like rising to explain. — A. It imported that 1 was burdened with 
>!72.()()(), and I wanted to explain my position with regard to that. It is 
a very heavy load to carry. 

Q. Have you exi)lained your position in regard to that .' — A. I have. 
I think I did yesterday. 

Q. Have you told where all that money went for these notes, or the 
l)roceeds of them ? — A. No, sir. I could not begin to tell where all the 
money went. 

(}. Have you substantialh' told where, it went ? — A. Yes, sir. 

(^). Wliere all of it went, as far as you know or believe ? — A. I have 
answered every question frankly. 

Q. I want to know wiiether you have done that ; you say that the 
testimony you have given and that we have in writing shows to the 
best of your knowledge where those 872,000 of notes or their proceeds 
went ? — A. Yes, sir. I stated that. 

Q. And have not omitted anything? — A. Xothing. 

Q. In regard to the destination or ultimate use of that nu)ne3 ? — A. 
1 have not omitted anything. 

Q. Was any of this money contributed by you, any of the notes or 
proceeds of them, for political campaign puri)Oses ? — A. I refer you to 
my testimony of yesterday. That states that. 

Q. I was not here, and 1 will have to ask you again. 

Mr. Stewart. That question was not asked. 

The Witness. It was not — not a cent. I am not a politicain, and I 
never spent a cent for any campaign I know of. 

Q. I sup[)ose the question has been asked you, but I will ask you 
again, as I was kept out of the committee-room yesterday a portion of 
the time while you were testifying. Why were you dodging- about and 
trying to avoid coming before this committee in the way you were ? — A. 
1 do not say that I was. 

(). Don't you know tiiat you were ? — A. I am not aware of it. 

(}. \N'hy did you come to this city under a feigned name .' — A. That 
is my business. I have done that often in my life. 

Q. You have been accustomed to pass uncler an assunn>d name often 
in your life .' — A. Yes, sir, I have; not passed under an assumed name, 
but I hav«^ registered different names often. 

<^>. Have you ever been emjtloycMl as a detective? — A. Xo, sir. 

<^ It was not l)ecause you belonged to any detective force that j'ou 
100 DOT 



1586 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

went about the country aiul registered yourself under a wrong name? — 
A. Xo, sir ; decidedly not. 

Q. Now, give us a specific answer. Why did you come here and re- 
cord your name at the Ebbitt House, and also, I believe at the Wash- 
ington House, as " Buchanan " at one place, and " Hogle " at the other ? 
What reason had you for that? — A. I merely dropped the end of my 
name at the Washington House. I did not register my name or any 
name at the Ebbitt House. 

Q. Did you not give your name to the clerk, and let him register you 
that way I — A. No, sir. 

Q. How came your name to be on the register of the Ebbitt House 
as "Hogle?" — A. I think I sent it down by a hall-boy. It was sent 
down. I did not send it down. 

Q. You did not sup])ose that would be causing the clerk to register 
'•our name ? — A. 1 did not know it was registered. How should I know ? 
I got the key of a room, and that was all 1 wanted. 

Q. Let us get at the real substance of the thing. Why were you 
passing under these assumed names ? — A. I told you yesterday that I 
(uime here to testify. Idid not like the publicity of it. And 1 did not like 
the way the investigation was carried on. Persons have been allowed 
here to smutter over everybody, aiul I did not like that. I do not like 
anything disagreeable. I have avoided it all my life, or tried to. 

Q. Were you apprehensive if you were to be examined here that you 
might smut somebody ? — A. No, sir. 

Q. Why should you have been afraid to come before the committee 
on account of this smutting over of people ? — A. I am not afraid. I 
have said I have avoided disagreeable things. 

Q. How disagreeable ? — A. The publicity of it. 

Q. Of what? — A. The examination as a witness. 

Q. If a witness has a straightforward story to tell, is there anything 
disagreeable in telling it? — A. I think there is. I am here under restraint, 
and I do not like to be restrained. 

Q. What did you come for at all, then ? — A. To testity, because some 
people had placed me, I thought, in an awkward position. 

Q. Why did you not come up then in a straightforward manner, like 
a man, to the committee and testify? — A. I thought Chittenden's testi- 
mony had explained everything away, and I was going away after I 
heard it. 

Q. But you concluded you would come here in disguise, or under an 
assumed name, and in order to avoid the fact being known by the com- 
mittee that you were here ? — A. I did not care whether the committee 
knew it or not. 

Q. Why, then, did you lay Mr. Mattingly under instructions not to dis- 
close the fact that you were here ? — A. I do not know that I did. 

Q. Why did you tell Mr. Storrs not to tell anybody that you were 
liere ?— a\ 1 don't know that I did. 

Q. Do you believe that you did ? — A. I think I didn't. 

Q. Now, as 1 was not in when you were being examined on this sub- 
ject yesterday, I want you to repeat what became of the proceeds of 
those $72,000 notes. — A. I have told you all I know about it. I told 
you I was not here. 

Q. You told us that one of the notes, the $2,500-note, was paid. — A. 
1 stated it was paid. 

Q. That is the first $2,500 you got ? — A. It was paid here. 

Q. Then you told us, didn't you, that there was a |10,000-note 
paid? — A, I didn't. 



TESTIMONY OF A. B. KIRTLAND. 1587 

i). You sold two notes for $15,000^ — A. I sold two notes; one 
;iiiioniit(>d to ten and one to live. 

il And von o-ave for them between $12,000 and 81-3,000 in inouey?— 
A. In the iuMi-iiborhood of 812,(»00. 

Q. Xow, that disiiosesof 817,r>()0 of the notes, leavinc: SoJrvjOO. Now, 
for this -."if,.")!)!* yon got a piece of real estate in Chica.ij^o ? — A. If that 
is the amount that was left, I got some real estate for it. 

Q. And a pair of horses and a wagon ? — A. Yes, sir. 

Q. How much cash ? — A. I don't renuMuber tlie exact amount. 

Q. I don't care about the exact amount. Come as near as you can to 
it._A. 1 think it was between $0,000 and 812,000, or $9,000 and 
8ll,0tH). 

Q. Those are the proceeds of the remainder of these notes, $54,500. 
That real estate, you say, was conveyed to your wife? — A. Yes, sir. 

Q. And afterwards exchanged it lor a lot in this city ? — A. I did not 
State that it was to be exchanged. 

Q. Didn't you state that a conveyance was made of a lot in this city 
to your wife ? — A. Yes, sir. 

Q. Sint;e you were examined yesterday about the horses, have you 
found out where they are ? — A. I have not inquired. 

Q. What did you do with the money — nine to eleven thousand dollars 
in money ? — A. I spent it. 

Q. How did you spend it ? — A. In various ways ; a good deal of it 
here in Washington. 

Q. To whom did you give it here in Washington ! — A. I do not know; 
clothiers, dress-makers, milliners, hotel men, &c. It is easy enough to 
spend that amount of money here. 

Q. It is very easy; but the question is did you spend it in that way ! 
As you are on the stand, and under oath, and sworn to testify to the 
truth, what we want to know is, did you s[)end it that way ? — A. I have 
stated so. 

(}. Didn't you state yesterday that you spent 810,000 of it in the pur- 
chase of tiie Harewood estate '? — \. That was out of the first notes I 
sold. You have got beyond that. 

Q. You give no better account of what you did with the rest, than 
that you s])ent the money at tailors, dress-makers, mantua-makers, and 
such ways as that? — A. None, whatever. 

Q. Wlieu did j'ou get acquainted with thie Rev. William Colviu 
Brown ? — A. I think it was about the time I came here, or a short time 
afterward. 

Q. How did you happen to become acquainted with him? — A. I be- 
came acquainted with him at the hotel, and sat at the same table with 
bim. 

Q. The acfpiaintance was i)icked n\^, then, without any introduction 
one way or the other; was that the way of it ? — A. Yes, sir. 

(^>. Ilnw long a f ten* you had become aiMpiainted did the Rev. William 
Colvin Blown intbrm you that he was aiding Chittenden ? — A. He never 
informed inc. 

(^. Did Chittenden inform you ? — A. No, sir. 

Q. Then you never knew he was aiding Clnttenden ? — A. No, sir. 

Q. Y^ou sat at the same table at the Arlington, you ami he ? — A. Y'es, 
^ii'. 

i}. You saw him daily, then? — A. Two or three times a day. 

(i. And you never ascertained, either from him or from Cliittenden, 
that he was also at work to get this contract? — A. No, sir; I Inul no 
idea that he was. 



1588 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Please to tell us wbat lead to tlie partnership between you and 
the Reverend Mr. Brown in the purchase of the Hare wood estate? — 
A. We were out riding one Sunday throuoh the park — through the 
Harewood i)ark. He was very much pleased with the place, and I knew 
Mr. Toms, and we applied there and inquired if it was for sale. I had no 
idea of buying it of anybody. He said Mr, Corcoran was selling a great 
deal of liis[)roperty about here, and he sui)posed he would sell that. I. 
inquired of Mr. Hyde when I got back there the next day, and he said 
Mr. Corcoran would sell it. He would communicate with Mr. Corcoran 
and find out the price. 

Q. That was your inquiry of Mr. Hyde ? — A. Yes, sir. 

Q. How came the Reverend Mr. Brown to be in the purchase? — A. 1 
have told you tliat we were out there riding iu the park. 

Q. You were out there riding, and when you went to inquire of Mr. 
Hyde whether Mr. Corcoran would sell that place, did you intend or 
exi)ect that, if he would. Brown would be a co-purchaser with you ? — 
A. I had no idea of being in it myself at all at the time. 1 merely 
went fV)r Mr. Brown. Mr. Brown said he would like to buy it. He 
represented himself as a man of means, and* with very wealthy con- 
nections in Boston, and that he would like to buy it. 

Q. When was it Brown said he would like to buy it? — A. On that day. 

Q. The day you were riding out in the park ? — A. Yes, sir. 

Q. Did he pro^tose to take you in as a [)artner in the purchase ? — A. 
No, sir. 

Q. When was it, then, that he proposed to take you in as a purchaser ? — 
A. Subsequently, but I do not know when. 

Q. Did he i)ropose it to you, or you to him ? — A. He proposed it to 
me. 

Q. Did he know you had been to see Mr. Hyde on the subject ? — A. 
I went there at his request. 

Q. Then he proposed to take you in as a purchaser with him ? — A. 
He asked if I would not join. He said that it was too big a thing for 
him to handle alone. 

Q. As an equal purchaser with him ? — A. Yes, sir. 

Q. The i)rice was $235,000 '?— A. Y^es, sir. 

Q. As you were equal purchasers, you would have to put up an equal 
amount with him in the purchase-money. Did you represent yourself 
to him as being able to put u[) $125,000 ? — A. No, sir; I did not expect 
to. 

Q. Did he expect you to do it? — A. No, sir. 

Q. How, then, did you expect to pay for the property ? — A. O, the 
way proi)erty is i)aid for now a days, they are not generally cash pur- 
chases, are they ? 

Q. 1 want to know about this. — A. I don't know the terms really. 
Theie was to be a small amount of cash — small compared with the 
imount of the purchase-money. 

Q. I do not get your meaning! — A. Cash so much, and the rest ran 
on time. 

Q. Exactly so ; but those notes that were on time would have to be 
paid at some time ? — A. O, undoubtedly, or else the property would 
go back to Mr. Corcoran. He was safe enough in the transaction. 

Q. How did you expect to be able to i)ay these notes ? — A. I did not 
know as 1 expected anything about it. 1 expected to sell the property 
at an advance as soon as I could. 

Q. Did you execute your notes to Mr. Corcoran, you and Mr. Brown 1 — 



TESTIMONY OF A. I'.. KIRTLAND. 1589 

A. Xo, sir; I said yesterday th ' title wis not given nie; no title 
passed. 

Q. Yon sinii»ly pnt up $10,000 forfeit. That was all, was it ?— A. It 
was not a forfeit when I pat it up. It was put up to bind the bargain. 

Q. Without any contraet being made ? — A. I do not remember now — 
merely a receii)t, I think. 

Q. lie gave you a receipt for slO,000?— A. Mr. Hyde did. 

Q. There was no memorandum nmde, or anything ? — A. No, sir. , 

Q. Nothing in the world but a 810,000 receipt?— A. That was all. 

Q. Did Urown furnish half of that ? — A. No, sir. 

Q. Wiiy dnln't Brown put u[) some ? — A. It was not convenient for 
him to do so. 

Q. So the whole came upon you ? — A. Yes, sir. 

Q. You stated yesterday, if I understood you, that those 810,000 had 
been returned f — A. So I hear. 

Q. It was your money ? — A. Yes, sir. 

Q. To whom did you hear it had been returned? — A. To Mr. Brown. 

Q. Have you inquired of Mr. Brown about it? — A. No, sir. 

Q. Don't you know where he is? — A. I think he is in Germany. 

Q. Have you written him on the subject*? — A. I have. 

Q. Have you asked him if he would give you back your money ? — 
A. 1 have asked him to remit. 

Q. Has he done it ?— A. No, sir. 

Q. Will you please to explain how Mr. Brown came to get the 810,000 
back from Mr. Hyde. Did you give au order? — A. I know nothing 
abont it except hearsay. 

Q. Was the recei])t given by ]\Ir. Hyde, the receipt to you and 
Brown or to you alone ? — A. I do not remember how it was. 

Q. AYhere is that receipt? — A. I do not know. 

Q. To whom did ^Ir. Hyde hand the receipt when he executed it ? — 
A. I thiidc he handed it to me. 

Q. What did you do with it? — A. I think 1 put it in my pocket. 

Q. What did you do with it when you took it out of your jjocket ? — 
A. I don't remember of taking it out of uiy i)Ocket. 

Q. Yoii have no recollection of it? — A. No, sir; there is nothing in the 
vorld to <'on(;eal about that; nothing that relates to this investigation. 

Mr. TnuRMAN. You are not to be the judge of that. 

The Witness. 1 presume not. 

Mr. TiiuiniAN. No, sir ; that is very clear. 

Q. 1 want to know if j'ou have that receipt now '. — A. No, sir. 

Q. Are you sure of that ? — A. Yes, sir. 

Q. If you are sure you haven't it, then it must have been destroyed 
or lost ? — A. That I could not say. 

Q. You cannot say whether it has been destroyed or lost, aiul yet 
you are sure you haven't it? — A. 1 haven't it. 

Q. Have you any recollection of giving it to anybody? — A. I do not 
know whether I gave it to Mr. Brown or not. 

Q. Yon cannot tell anything about it? — A. No, sir. 

Q. All this liapi)ened last .ve;ir, didn't it ; all this about this purchase, 
in isia ?— A. Last October I think. 

Q. And you could pay out 810,000, take a receipt for it, and have no 
sort of recollection of wliat you did with the re(;eii)t; whether you gave 
it to Mr. Brown or not. How did yon learn Brown got the. moiM\v ? — A. 
1 learned it from somebody here in Washington. 

<^ Who was that sonu^lxxly ? — A. I think Mr. Thorn Idd me he 
lieard Mr. Corcoian had paid him back the 810,000. 



1590 AFFAIRS IN THE DISTRICT OF COLUMBIA 

Q. Did not that naturally make you anxious to go and get that $10,000 
back, as it belonged to you? — A. I was a little anxious about it. 

Q. What steps have yon taken to get it back ? — A. None, yet. 

Q. Where did you see Mr. Thorn when he told you that the money 
had been refunded f — A. I do not say that he told me so. He said that 
he hear<l ]\Ir, Corcoran had i)aid it back. 

Q. Where was it that he said that lie had heard that Mr. Corcoran 
ha(i i)aid the money back ? — A. I saw him in his office. 

Q. Where is that? — A. Near Mr. Riggs's bank, on Fifteenth street. 

Q. Did you go to see him? — A. Yes, sir. 

Q. Did you go to see him to inquire about that; whether the money 
had been rei)aid ? — A. No, sir. I was in hopes I could learn something 
about it, I did not go for that purpose. 

Q. Was Mr. TLioni the man doing business for Mr. Corcoran ? — A. I 
think he is a relative, or his wife is. They lived out there on the estate. 

Q. Do not you know Mr. Hyde is Mr. Corcorau's man of business ' — A. 
I do know it. 

Q. You say that Mr. Thorn told you that he had heard that Mr. Cor- 
coran had refunded the money? — A. Yes, sir. 

Q. About what time was that? — A. I think that was during the win- 
ter of 1873. 

Q. During last winter? — A. Yes, sir. 

Q. Cannot you come a little nearer than that? — A. 1 do not know. I 
do not know when it was. 

Q. Did you then go to see Mr. Hyde ? — A. No, sir. 

Q. You did not ? — A. No, sir. 

Q. Did you go to see Mr. Corcoran ? — A. No, sir. 

Q. Did you take any step to inquire vv'hether, in point of fact, Mr. 
Corcoran had not refunded the money ? — A. No, sir. 

Q. When did you write to Mr. Brown? — A. I have written not ver^^ 
long ago. 

Q. How soon after hearing this from Mr. Thom did you write to Mr. 
Brown ? — A. O, sometime after. 

Q. About how long? — A. It was during this year, I think. 

Q. Ami what did you say to him upon the subject of the .$10,000 in 
that letter ? — A. He sent me a telegram from Hoboken that he could be 
back in six weeks and arrange what was just. Tluit is all I heard, and 
he got on the steamer, the next morning I suppose, and left. 

Q. At the time you learned from Thom that this money had been re- 
funded, Mr. Brown was still in this country ? — A. Why, no, sir. He 
got it, I suppose, and went abroad the next day just as soon as he got it. 

Q. Did it occur to you to complain of Mr. Brown that he should 
pocket $10,000 of yours and then take the ship the next day and clear 
out for Europe ? — A. I was in Chicago at the time he cleared out. I 
did not know he had the $10,000, and do not know it now. 

Q. Wliat you know on the subject is that Thom told you he had heard 
that the money had been paid ? — A. Yes, sir. 

Q. Didn't you say awhile ago that Mr Brown, in answer to your let- 
ter, had promised that he would be back and make it all right ? — A. 
No, sir. 

Q. Well, you said you had written to him about this $10,000, and 
asked him to remit, didn't you ? — A. 1 said so. 

Q. What was his answer to that ? — A. I didn't tell you that I had an 
answer, 

Q. That is what I waut to know, if you had an answer ? — A. I have 



TESTIMONY OF A. B. KIRTLAND. 1591 

not. I told you that lie had telegraphed to me the day he .yot on the 
steamer ; that was six or seven months before I wrote him. 

Q. He telegraphed you sixer seven months before you wrote to him ? 
— A. I say he telegraphed me from Ilobokeu the day that lie got on the 
steamer, I presume. I was in Chicago at the time. 

Q. Xow he telegraphed you six or seven months before you wrote him ? 
— A. Yes, sir. 

Q. About the $10,000 ?— A. 1 didn't write to him about the $10,000. 

Q. About the money ? — xV. I didn't write to him about the moiu\v. 

Q. Well, then, about what time was it that he did telegraph you from 
Hoboken :' — A. I think it uuist have been in October, 1872. 

Q. How long was it after you ])aid the $1(>,000 that you received the 
telegram from Mr. IJiown, from Hoboken, directed to you at Chicago ? 
— A. I don't know. That $10,000 was paid to bind the bargain, and the 
lu'xt [)ayment was to be made on the 1st or 4th of October, but the i)ay- 
mcnt was not made. It was soon after that that the nn)ney was handed 
to him, as I understood it, and he cleared out \^th it Just as soon as he 
got it. 

Q. When he telegraphed you from Hoboken, tell us, as near as you 
can recollect, what was the telegram he sent? — A. I told you just now. 

Q. Just tell us again. — A. '^ Will return in six weeks and arrange what 
is just." 

Q. You received that telegram in Chicago ? — A. I think so. 

Q. What did you understand by the expressi(ui, " Will arrange what 
is just V — A. I never have been able to comprehend that. 

Q. You do not comprehend it, then, at all ? — A. No, sir. 

Q. You do not know what it meant? — A. No, sir; I can understand 
what is just myself. I do not know what he had reference to. 

Q. You did not know at that time that he had got the $10,000 !—A. 
2^o, sir. 

Q. Did you suspect it?— A. Xo, sir. 

Q. In point of fact, had he got the $10,000 ? — A. That I merely know 
from hearsay. 

Q. Now it never occurred to you to go and inquire of Mr. Corcoran 
or his man of business, Mr. Hyde, whether the $10,000 was refunded or 
not ? 

The Witness. It never occurred to me ? 

Mr. TiTURMAN. Yes. 

A. I never did do it. It might have occurred to me several times, 

Q. iiut you never did ? — A. No, sir. 

(^. Di<l you ever write to him ? — A. No, sir. 

By Mr. Wilson : 

Q. Did you ever write to Brown to remit you that money ? — A. I 
wrote to them to remit. 

Q. What?— A. What was just? 

Q. What was that ? — A. I do not know what he considered was just. I 
knew what I considered would be just. 

(^. What was it you wrote to him in that letter? — A. It was very 
brief. 

Q. What wa^s it ? — A. I am not very good at remembering letters. I 
do not write uiany. 

Mr. Wilson. You write well when you do write, then. 

The Witness. I do, eh ! I am very sorry. It takes a great deal to ex- 
plain them away, it seems. 



1592 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What was it you wrote! — A. I wrote him to remit any details he 
might arrange when he arrived. 

Q. J^etails about what! — A. There seemed to be a question about 
what was just. 

Q. What was it that you were telegrapliing and writing about in refer- 
ence to its justness? — A. I did not telegraph at all. 

Q. He telegraphed to you, and you wrote to him; he telegraphed to 
you that he woukl arrange what was just? — A. Yes, sir. 

Q. And you wrote to him to arrange what was just ? — A. Yes, sir ; I 
was very anxious he should. 

Q. What was it all about ?— A. Simply that. 

Q. What was it about? — A. It was not an essay 5 I had nothing in 
l^articular to say to him. 

Q. AVhat was it you were writing and telegraphing about ? — A. I was 
not telegraphing. 

Q. He telegraphed and you wrote ? He used the wires and you the 
pen ? — A. Freely. 

Q. You didn't seem to have used it very freely on this subject in the 
way of giving the details. Now, we want to know what was the subject — 
matter of that telegram and your letter ! — A. My letter was written sev- 
eral months after that telegram. He didn't appear here 

Q. I don't care whether it was several months or several years. You 
were both treating of the same subject ? — A. Yes, sir. 

Q. What was the subject ? — A. The subject of the Harewood parchase. 

Q. Why did you not tell us that long ago! — A. Well, really, I should 
have been ^appy to, if that is what you have been after. 

Q. I was trying to find out what it was you were writing and tele- 
graphing about, and Senator Thurman has been after that for some 
time. 

The Witness. Did I say he was engaged in this purchase of Hare- 
wood ? 

Mr. Wilson. Yes, you did. 

The Witness. Well, that was the subject. 

By Mr. Wilson : 

Q. You say that is the subject. That is the first time you have given 
us that information. You have been here under two assumed names 
since this investigation began? — A. Yes, sir. 

Q. Did you have any other name since this investigation began ? — A. 
None except my own. 

Q. Aside from your own ! — A. Not that I know of. 

Q. Did you see George Alfred Townsend in this city f — A. I do not 
know him ; I might have seen him. 

Q. Were you not on the street with him one day? — A. I might 
have been on the same street. I am not acquainted with him. I do 
not know him even by sight. 

Q. Didn't you meet him under an assumed name? — A. No, sir; 1 
never met the gentleman, to my knowledge. 

Q. How were you going to get from Georgetown to New York when 
you left this city ? — A. I was going to take the trip by steamer. 

Q. What line were you going by ? — A. By the J.ohu Gijbson. I don't 
know what line it is. It leaves Georgetown early in the morning and 
Alexandria at 12 o'clock in the day. 

Q. Is that the line that carries passengers ? — A. I believe not. I am 
very well acquainted with the captain, and always promised him to go 
on a trip with him. He said he wanted to show me some good fishing. 



TESTIMONY OF A. B. KIRTLAND, 1593 

Q. That is the \ya.y you were j^oing to get around '?— A. Yes, sir ; I 
was going cheap. 

Q. J:)i(l you have any special favors extended to you by anybody ?— 
A. I didn't get on the steamer. 

Q. Did you get a pass ?— A. Xo, sir ; I couUl have got a pass, I pre- 
sume. 

Q. Did you get oue in fact ? — A. No, sir. 

Q. Did you have any arrangement by which you were to go free ? — 
A. No, sir. 

Q. J)id you see the captain ? — A. I hailed him as ho was moving off 
the wharf. lie asked me what I wauted. I told him I wanted to go to 
New York, and he didn't believe me. 

Q. He went on without you? — A. Yes, sir. 

Q. I want to know whether you had a pass on that steamer ? — A. I 
did not. I did not apply for a pass. 

Q. I should like to have a little more definite information as to where 
those horses are ? — A. I can not give you anv more than 1 did yester- 
day. 

Q. Did you bring those horses from Chicago to Washingtou ? — A. 
No, sir ; I did not bring them. 

Q. Were they brought to Washington''? — A. Yes, sir; they were 
brought to Albany, and then from Albany to Washingtou. 

Q. ilow many horses did you bring from Albauy ? — A. Six. 

Q. At the same time ? — A. Yes, sir. 

Q. Tii&se horses were black horses, were they ! — A. Yes, sir ; they 
call them black. 

Q. They were shipped back to New York ? — A. Yes, sir. 

Q. By what line were they shipped ? — A. 1 thiidv by the John Gib- 
son. That is the only line, I think, that was runniug. 

Q. Do you say to the committee now that you do not know where 
either of those horses is ? — A. I do uot know. 

Q. Now, I would like to know when you last saw either of them, and 
where, and in whose custody ? — A. I saw them in the stable at Brooklyn. 

Q. Are they there now ? — A. I presume one of them is. 

Q. Where do you think the others are — in New York State ! — A. I 
am pretty sure they are in New York City or Nyack. 

Q. Who has the custody of them there ? — A. I presume they are in 
my custody, ain't they ? they are my horses. 

Q. 1 do not think you have them with you ; somebody has them. 
in charge, I presume ?— A. They may be in charge of the stable-mau. 

Q. Is there anybody that you are holding responsible for those 
horses ? — A. Nobody at all. They are my horses, and I take my owu 
risk. 

Q. Who has charge of them ; you have left them in somebody's care, 
haven't you i — A. Why, I should leave them in the stable-man's care. 

Q. Who is the stable-man in whose care you have left them I — A. I do 
not know what his name is. I think he is a horse-dealer, aud lives at 
Nyack, on the Hudson River. 

Q. You do not remember his name .' — A. No, sir. 

(i. Have you any pai)ers or letters or memorandum that will enable 
you to give us his name ? — A. No, sir ; I had sonu', but none now. 

Q. Wnat isyour purpose now in keeiiing these horses out of the way ? — 
A. I haven't any purpose whatever. I want to sell them. This luau 
had a horse that he thought would mate him and he is trying him. 

Q,. Ilow long has he been trying him '. — A. I do not know — three or 



1594 AFFAIRS. IN THE DISTRICT OF COLUMBIA. 

four months. I am not buying any oats for him now. He is buying 
the oats for him now. 

Q. He has had him for two or three months ? — A. More or less. 

Q. How much more or how much less! — A. 1 do not know how much 
more or how much less. That is near enougik, I should think. 

Q. One of them, you say, is worth $1,000 f — A. I presume he is worth 
that. 

Q. What is the other one worth ? — A. O, I don't know ; I have 
tried to sell them very hard, and I could not get any bid on them. 

Q. What do you think he is worth ? — A. If I am able to keep him, 
I think two or three thousand dollars. 

Q. You are letting that kind of property lie around loose, without 
knowing where it is ! — A. Yes, sir. 

Q. You do not know where it is ? — A. I can find it, I think, if I should 
endeavor to. 

Q. If you should endeavor to, you say you could find it. You can, 
then, probably tell us where it is. Where would you go to find it, if you 
were to start out on a vigorous search? — A. I should go right straight 
to Brooklyn. 

Q. You would very likely find it there? — A. I think so. I would find 
out where it is, at any rate. 

By Mr. HUBBELL : 
Q. You would not go by the way of Richmond! — A. If my throat 
troubled me much I would go around that way. 

By Mr. Wilson : 

Q. Have you had any (controversy since you came to this city about 
your testimony ? — A. Have I °? 

Q, Yes. — A. I had some conversation in this room next there with — I 
don't know who it was. My testimony is not correct in many respects. 
That is the only thing I have to say about it. I had not read it before. 

Q. Did you meet anybody yesterday after you testified ? — A. I met a 
great many yesterday. 

Q. Did you meet Mr. Moore ?— A. No, sir. 

Q. You did not see Mr. Moore ?— A. No, sir. 

Q. Have you seen him at all siuce you came to the city this last 
time ? — A. No, sir. 

The chairman having asked Mr. Mattingly if he had any questions 
that he desired to put to the witness, Mr. Mattingly responded in the 
negative. 

Mr. Oliristy was then asked by the chairman if he desired to 
examine the witness, and he replied that he could not tell just now, 
but that he would look over his testimony between this and Monday 
morning, and announce at that time if he had any interrogatories that 
he desired to propound. 

The witness was then requested to be in attendance on Monday 
morning. 

The committee then adjourned until Monday morning at 10 o'clock. 



April 28, 1874—7 p. m. 
Emory A. Storrs sworn and examined. 

By Mr. Thurman : 
Question. You have heard the name of a Colonel Kirtland spoken of 
by Mr. Chittenden '^ — Answer. I have, sir. 



TESTIMONY OF EMORY A. STORES. 1595 

Q. When did you see him hist ? — A. I have never seen tlie man intro- 
duced to me by that name. I have seen a man wliom I think is Colonel 
Kirtland. The day when 1 saw hini last it is impossible for me to 
state. 

Q. State as near as you can. — A. I have been here so lon,<;- and have 
o-ot so completely confused in point of dates that it would be very diffi- 
cult for me to state. I think it was nearly a week Ago. 

Q. Where did yon see him ? — A. I saw him at the Ebbitt House. He 
canu' to the Ebbitt House the day after I met the chairman of this com- 
mitteo. I think it was the day after. I cannot say that it was Colonel 
Kirtland, because the gentlenuui who had just withdrawn from the I'oom, 
who has volunteered a good deal of advice and suft'gestion, and has 
come to my room and been there and ordered his dinners and had them 
charged to tlie room 

Q. Who is that ? — A. Mr. Wilcox. Hecame to my room, and a gentleman 
who was introduced to me as a Mr. Hogle. I desire to be entirely frank 
with the committee, because I suppose that this is a private examination, 
and I never told a word of untruth in my life to anybody. I suj^pose it 
was]\Ir. Kirtlaml. 1 did not wish to hold any communication with him 
nor to have very much to say with him. He was there in my room. This 
other gentleman was there also. They both ordered their meals at ray 
room, and they were charged to my room, and I suppose that I shall 
have to [)ay for them before I leave, as 1 ordinarily pay my bills, lean 
tell you pretty nearly when he left. It was the day before I saw the 
chairman of this committee. I told the chairman — and I told him with 
entire truth — that I had not seen Mr. Kirtland, and I had not at that 
time. 

Q. The day after you saw the chairman, you mean? — A. Yes, sir; 
he came without anj^ privity, procurement, knowledge, wish, or desire 
of mine. I have looked ui)on most of these people who have been at 
my room as dead-beats, and have treated them accordingly ; and if I 
had been at home, I would have put them out of my front window ; but 
the business I have been here on has been of such a character that I 
did not regard it as safe. 

Q. What time in the twenty-four hours was it that he was at your 
room ? — A. I think it was about four o'clock in the afternoon when I 
went into my room. I inquired for the key at the hotel office, and they 
said that the key was in my room. I took the key and went there and 
found him, or rather found this Mr. Hogle. * 

Q. Was anybody with hiu) '? — A. There was nobody there with him 
at all. He was introduced to nu' as Mr. Hogle. 1 suppose it was Col- 
onel Kirtland. 

Q. Who introduced him 1 — A. He introduced himself. Let me state 
that before that time — the day before or the night before, a few hours I 
believe — Mr. Wilcox told me that a Mr. Simons was here, and I desire 
DOW to state that I had no interest on earth, except to protect my client, 
when I came here; not the slightest. I have not communicated with 
Governor Sh('i>herd, exce[)t for the bare inirpose of an introduction in 
this room. 1 have not seen him anywhere else. 

By Mr. STEWART: 
Q. Did you ever have any conversation with Mr. IVIattingly with re- 
gard to Kirtland? — A. I did. I had three or four (ionvcrsations with 
Mr. Mattingly. I met him at the cln!) house. He told me that he de- 
sired very much that Kirtland should l)e here, ami I told him that I 
thought he was here. That was the first day that I saw him, and three 



1596 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

or four hours after I saw the chairmau of this couimittee, and he said 
that he was not here, he didn't believe that he was here, and that they 
desired him very much. This other gentleman came to my room. 

By Mr. Thur^iax . 

Q. That is Mr. Wilcox ? — A. Yes, sir ; he took me in a carriage, and 
toolv me to his house. (I suppose it is,) and I saw the same gentleman. 
I did not have a conversation of two minutes with him, and the next 
day, to my infinite surprise, (as 1 state on my honor and under oath,) 
when I came back to the house, I found him in my room. 

Q. The first time you saw him, then, was at Wilcox's ! — A. It was at 
Mr. Wilcox's house. 

By Mr. Stewart : 
Q. Did you say to this man Hogle or Kirtland that he was not wanted 
here ? — A. Nothing of the kind. I think the committee understand 
that Mr Chittenden was not very much interested in not having Mr. 
Kirtland here. Xow, I call him Colonel Kirtland, on assumption ; 
I presume that he was the man. 

By Mr. Thurman : 

Q. How long was he in your room ? — A. He staid there, E presume, 
two hours. 

Q. Did anybody come in ? — A. Mr. Chittenden came in while he was 
there. He remained, perhaps, half or three-quarters of an hour and 
left ; and I know this, that as to his coming, as to his presence there, 
and as to his leaving, and I absolutely know this, neither Mr. Chitten- 
den nor myself had the slightest part. 

Q. Have you not seen him since he was at your roomf — A. Xo, sir, 
1 have not. 

Q. Have you any idea where he is ? — A. Xot the slightest. I want 
to state this further to the committee, and this I told the chairmau. I 
understood that Colonel Kirtland was here about four weeks ago in this 
city, and I understood that it was well known that he was here. Both 
Mr. Chittenden and myself supposed when we came here that Colonel 
Kirtland would be on the stand. Ira Holmes was here — the gentleman 
in whose hands those notes passed — and we both su[)posed that he would 
be upon the stand. I have been beset and bedeviled so much 

Q. What reason did Mr. Wilcox give for taking you to his house ? — 
A. Mr. Wilcox came to me and said that Mr. Simons was here. I knew 
very well whom he meant. 

Q. You thought he meaiit Kirtland ? — A. I thought he did. I am 
speaking frankly with the committee, and I do not suppose that this 
testimony is to l3e published. I supposed that he meant Kirtland. He 
took me there and I went there. Mr. Wilcox came to my room and was 
there hour after hour. He was there this morning. 

Q, Did Mr. Wilcox give any reason for his interest that he took in 
the matter ? — A. Is it hardly ftiir to ask me that? 

Q. I think it is ; he is not your client. — A. He did. 

Q. What reason did he give ? — A. E cannot say that he gave a reason. 
I inferred a reason. I inferred a reason that sprung from impecuniosit}', 
and I do not think that is very much out of the way. 

Q. What did he want money for? — A. He did not state to me that he 
did want any. He did not say to me that he wanted any money. 

Q. What reason did he give for asking you to go and see this man 
Simons? — A. He knew very well that I was counsel for Chittenden. I 
old him I did not believe that this man Siiuons was here at all. He 



TESTIMONY OF EMORY A. STORKS. 1597 

said that he would cDuviiice me of it. I went to his liouse. I saw there 
a gentieinan that I was satisfied wits Colonel Kirtland, and I did not 
have a conversation with him two minutes long. 

Q. Ilow long- a time were you at the house '? — A. 1 was not there five 
minutes. 

Q. What did Colonel Kirtland want, or Simons? — A. He did not sa,y 
a word. Ue did not say that he wanted anythinu'. He ai)[>eared to be 
a very pleasant gentleman, as a great many of these common adventur- 
ers about ^^'ashing•ton seem to be. He did not say that ht^ wanted any- 
thing. I had no treaties to make with anybody and no trach' to make; 
and did not make any and would not make any; and it I coukl have 
kept my room locked I woidd have had no embarrassment. 

By Mr. Hamilton : 

Q. When you found him in your room what did Kirtlaml want ? WMiat 
was the object of his coming to your room, what did he say he wanted 
there? — A. That gentleman came to my room and said that Simons was 
here. He said that if he were examined injury would be done. I told 
him that I did not think Mr. Chittenden could be harn)ed. 

Q. You say that this Simons or Kirtland came to your room .' — A. No, 
no, no. He came without my knowledge, or previous announcement at 
all. 

Q. When you found him there what did he say he wanted .' — A. He 
did not sa>- anything about that. 

Q. Did you not have a conversation with him ? — A. O, yes, sir. 

Q. What was it about? — A. I cannot tell you what it was about. I 
think there were a couple of girls on the opposite side of the street that 
he had been inspecting at Willard's; that he opened conversation about. 

Q. Nothing about his visit here in W^ashin<rton ? — A. Not at all, ex- 
ce[)t this, in the course — perhai)S not that conversation, but [ can hardly 
tell when — the general purport of what I gathered from him was that 
he did not wish to be examined; and I simjdy asked him, so far ag this 
investigation is concerned, whether anything he would say would be in 
contradiction of anything that Mr. Chittenden had testified to, and he 
said not. Then I said to Mr. Hogle- because I called him by that name, 
and he registered his name that way — "Then if what you can testify to 
will not be in contradiction of Mr. Chittenden, if Chittemleu has told 
the truth in saying that he rececived no portion of the $70,000 himself, 
I have no further use of you." 

Q. Did he say why he did not want to be examined? — A. He did not. 
I want to state here that I was very desirous of having but little con- 
versation after I had discovered that point. Mr. Chittemleu told me, 
on our way from Chicago, that he luul never received a dollar himself. 
I had received a retaining-fee two days before I left, for the puri)ose of 
connneiH'iug a suit against McClelland on this contrai't. 

Q. Did you tell Mr. .Mattingiy that this nnin Kirtlaiul was here? — A. 
I told him that I thought he was here. He said he was not here. 

Q. Did you not afterward tell him he was here? — A. No, sir. 

Q. That you had seen him ? — xV. 1 thitdc I saw him at the club after 
that, but 1 dill not tell him. 

By Mr. TiiURMAN : 

Q. But after you saw Kirtland, did you tell Mr. Mattingl.N — A. No, 
sir; 1 did not tell him. 

Q. Did you tell anybody' that he was here? — A. I do not think I did. 

Q. When you saw him you saw him first at Mr. W^ilcox's house ? — A. 
Yes, sir. 



1598 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did yon have any conversation witli him abont this bnsiness 
then ? — A. I did. I had this conversation, and perhaps I ought to re- 
vise what I have stated here. I did ask him whether he ever shared 
any portion of the $72,000 with Mr. Chittenden. My entire business 
here was to protect Mr. Chittenden. I have no interest in this District 
government at all. He said that he did not. I asljed him, if put upon 
the stand, if he wouhl testify that he never divided with Mr. Cliittenden 
at all. I had a double view in that matter. In the first i)lace, I wanted 
to protect Mr. Chittenden's veracity, and in the next place, under the 
peculiar wording of that contract, as yon will see, there is a chance for 
charging that up as a part of the profits. I asked him that question 
explicitly, and perhapvS two or three times. He denied it explicntly and 
squarely, and I left. 

Q. In either of the conversations that you had with Mr. Kirtland did 
he say what he did with any of that money ?— A. He did not s ly, and 
I did not ask him. I simply confined my questions to Mr. Kirtland to 
that one point, because it was the only question in which I had the 
slightest earthly interest. 

Q. Where did you understand that he was staying in this city *? — A. 
He was lodging with Mr. Wilcox. 

Q. You said a little while ago that he registered his name as Hoyle I — 
A. He went to Wilcox's house, as I have told you. That is wliere I 
first saw him. Then I went to my room, about 4 o'clock in the afternoon, 
I think it was, and found him there. 

Q. That same day ? — A. O, no ; the next day. The day I saw him, 
I first saw the chairman of the committee, and then I went up to Wil- 
cox's house, saw Hogle, and never expected to see him again. I went 
back to my room, and found the door open, and found him there. 

Q. That was the day after you had been at Wdcox's? — A. Yes, sir; 
he took another room, aud registered his name as Hogle. 

Q. At the Ebbitt House ?— A. Yes, sir. 

Q. Do you know how long he stayed here ? — A. He must have stayed 
here two days. 

Q. Cannot you recollect when that was ? — A. I cau tell you exactly 
by reference. 1 cannot recollect now. 

Q. Was it last week ? — A. O, yes ; it was last week. 

By the Chairman : 

Q. You alluded to the time I spoke to you ? — A. Yes, sir. I told you 
that he had been here three or four weeks before. That night I saw him 
and 1 was introduced to him as Simons. 

The Chairman. I think that must have been Wednesday. 

The Witness. I want to explain here that, as counsel, I had no earthly 
interest except for the protection of my client. I believe that Mr. Chit- 
tenden told the truth here, aud was perfectly well satisfied that he had 
never received any of this money, and the reason that I went to see 
Colonel Kirtland — because that was undoubtedly the man — was pre- 
cisely on that point. It was vital there and essential, because, if Mr. 
Chittenden had shared with him, it was important in the case I was 
about to bring iu the city of Chicago against McClelland. For that 
reason I went. Mr. Wilcox hired a carriage, and I went with him to his 
house. 

Mr. Thurman. You think it was Wednesday, Mr. Allison, that you 
conversed with him ! 

The Chairman. I think it was. It was the same day that Mr. Wil- 



TESTIMONY OF EMORY A. STORES. 1599 

son niul I talked about it. rerliaps it was the next ujorning;. It was 
light luM-e at the ooiumittee-iooin. 

The Witness. 1 met the chairman liglit on the stairs. I was asking 
for ^Ir. Ciiittenden's discharge, and wanted it. I told Mr. Chittenden I 
found out that Kirtland was here. I said 1 saw him in njy room. I 
said, "Yon ought not to see Mr. Kirtland; the committee may recall 
you." He did come to see him at my room at the Ebbitt House, and, to 
my very great surprise, when T went in there, the very same day that I 
found them, I went in, and Chittenden and Kirtland were sitting there 
together. 

Q. Was that the same day that you had gone to your room and found 
Kirtland there? — A. Yes, sir; it was the very same day, later, about 
5 or 6 o'clock. 

By Mr. Wilson : 
Q. Chittenden and Kirtland were in tlie room together ? — A. Chitten- 
den said that it was a foolish thing lor him to do ; that he had no 
interest in the matter ; and he told me when 1 came here that he expected 
Kirtland to be here, and, so far as his personal interests were concerned, 
was perfectly well satisfied that Kirtland would not, and could not, say a 
word that would reflect on the truth or correctness of any statement 
which he would make. 

By Mr. TiiURMAN : 

Q. Did Kirtland give anj' reason why he did not want to be ex- 
amined .' — A. Not the slightest. I was particular to have but very little 
talk with Mr. Kirtland. I did not want much talk. 

Q. You say that he gave you no idea from \vhich you could infer at all 
where any of that money went ? — A. Not the slightest. 1 simply asked 
him tliat single question, and not another one. 1 asked liim if he ever 
had divided with Mr. Chittenden ; and he said no. Said I, " If you are 
put on that stand, would that be your testimony ?" " Yes," he said. I 
said 1 liad no further occasion to question him. 

By Mr. Wilson : 

Q. In that conversation did he give you any intimation as to what he 
would testify to relative to where this nu)ney had gone ? — A. Nothing 
except this. Now I hope that this will not be publivshed, because I want 
to be very frank. He said it would be very injurious. 

By Mr. Thurman : 

Q. Did he say to whom ? — A. No, sir ; he said only that it would be 
very injurious if his testimony was taken. iSaid I, " So long as Mr. 
Chitteiulen did not divide with you," if you will i)ermit jne to use my 
exact language, I told him 1 did not care a damn about the injury. 

Q. He did not give any reason why he was here under an assumed 
Dame ? — A. Xot the slightest. 

Q. Did he say anything about his knowing that a subpa3na liad beeu 
left for him ? — A. Not at all. I asked him tlie question ; 1 said, '• If 
you do not want to be put upon the stand, how hai)i)ens it that you are 
in Washington ?" Tlien he said to nu*, "1 think Washington is the 
safest i)lace to be in if 1 am w-inted.'" Then 1 remarked to him, " So far 
as 1 am coiu-crned, I can hardly understand why you are coming to me, 
because, if yon have never divided with Mr. Chittenden, I have no further 
interest in the subject." 

Q. Did he intimate that he wanted anything for absenting himse.f or 
keeping silent '! — A. O, no ; never to me. Of course he could not have 



1600 AFFAIRS IN THE DISTRICT OF COLUxMBIA. 

got anything from Mr. Chittenden, and I represent nobody else bnt Mr. 
Chittenden. He never intimated anything of the kind to me. 

Q. Do you know when he left the Ebbitt House ? — A. I could tell you 
the exact day by reference, but I could not tell you now. 

By Mr. Stewart : 
Q. He has gone from there now ? — A, O, yes ; you can understand 
that it has been a little tedious to me. I have been overflowed with 
guests, and it is the first time I have ever been before a committee of 
investigation, and I think it will be the last time. Men go through my 
room, aud take my key, and come in and order dinner, and order cock- 
tails and charge them to the room. 

By Mr. Thurman : 

Q. What manner of men are they ? — A. I think the usual manner, in 
this communit}'. 

Q. Do you know any of their names? — A. Yes, sir; I know one of 
them. 

Q. Who is lie ? — A. Mr. Wilcox is one. 

Q. Do you know any others"^ — A. No, sir; but I have a great many 
friends here. 1 have never been a politician, but I have made a great 
many stump speeches, and have a vast number of friends, and every- 
bodywants to render me assistance in this city. 

Q. Cannot you recollect any of these gentlemen who have made them- 
selves so free and easy in your room ? — A. O, they have not the slight- 
est connection with this business. 

Q. I sliould like to know who some of them are "^ — A. O, well, they 
will not afdict you in this way, because you are better known than I am, 
sir. 

By Mr. Hamilton : 

Q. Did you ask him if Mr; Kirtland had been subpoenaed ? — A. No ; 
I did not. I did not suppose that he had. 

Q. Did he tell you that a subpcena had been left at his house ? — A. 
No, sir. I did not suppose that he had been subpoenaed. 1 heard before 
I came from Chicago — at three o'clock Mr. Chittenden desired me to 
start Avith him for Washington, and the train left at a quarter past five. 
I had a case before the board of trade at half past three. The time was 
so short that I was not even able to get home, and I came here right 
along as I was in my ofQce. There were two reasons why I came. First, 
he was in the same building with me, and, in the next place, I had been 
employed in this case against McClelland. Mr. Jarvis, of the Casano- 
via Bank, interested in that contract — interested with Mr. Chittenden — 
had retained me, aud he said to me that he would send me the retaining 
fee. 

Q. Has this banker been in Washington since you have been here ? — 
A. He has been here, but not since 1 have been. He was here, aud I 
saw his name m the Chicago papers announced as having been present 
in this city. He Avas here for at least two weeks. 

By Mr. Thurman : 
Q. Since this investigation began ? — A. Certainly, sir. He was here 
every moment of Jenkins's examination. 

By the Chairman : 
Q. About the committee-room, do yon suppose? — A. I have no doubt 
of it, but I never said one word to him about this investigation. I had 
nothing to do with him. They undertook to put the bank into bank- 



TESTIMOXY OF EMOKY A. STORKS. lOOl 

rnptoy, and I liad sometliins" to do with that, but what surprised me was 
that he luul not l)e('n examined. 'Sir. (Uiitteaden and inyself both sup- 
posed that he was here when we came. 

By Mr. Hamilton : 

Q. Wiiere does Mr. Kirthmd reside!- A. I (h> not know that, sir. 

(^). Wliat makes you tliink he has gone .' — A. iJecause I iiave not seen 
him. 

Q. You do not know, then, that he has gone ? — A. Ido notknow tliat 
he has gone. 

Q. Did he say he was going ? — A. He did not say anything about it. 
He went out of my room, ami I have not seen him since. 

Q. Then you do not know whether he has gone or not ? — A. No ; I 
do not know that. 

Jarvis was in a matter of relation w^ith Chittenden. Chittenden's 
property there has been burned up, and lie has not been able to rebuild 
it. Jarvis is interested in this case against McClelland, and agreed to ad- 
vance me my retaining fee. He agreed to send it to nu^. When we came 
here 1 expected to tind Kirtland and Ira Holmes. NVe both came sud- 
deul3^ I know that ]\Ir. Chittenden had been very busy. 1 came as 
suddenly as 1 have stated to you; so suddenly that I did not even get 
a satchel to bring with me, and 1 supi)osed tliat I would tind everybody 
here, and the question that I had consulted Mr. Chittenden particularly 
about was, what occurs to the committee as being a vital i>oint, so far as it 
aftected him, whether he ever divided with Kirtland. He told iue that 
he never did, and that he had not any expectation that Mr. Kirtland 
■would ever say that lie had. That was the only incjuiry that 1 ever 
made. 

By Mr. Hamilton. 
Q. Were you asked if you knew that ]\[r. ^lattingiy had seen Kirt- 
land ? — A. Yes, sir ; and Mr. Mattingly told me that he did not believe 
that he washere at all. 1 never told Mr. Mattingly that Kirtland was 
here. 1 told the chairman of this couimittee, and I think that he will 
bear me out in saying what I have said heretofore has been the truth, 
that I had not seen Mr. Kirtlaml, ami I did not think that he was here. 
At that time I had not. My interviews with him were more in\olua- 
tary than voluntary. 

By Mr. Thurman : 

Q. Did you feel under any obligation to conceal from the committee 
the fact that Mr. Kirtland was in the city! — A. No, sir; I did not. 

Q. Why did you not tell us then ? — A. When I was asked tin? ques- 
tion I told the truth. But when you ask me why 1 did not come up 
here and communicate intelligence, I supposed [ was through with Mr. 
Chittenden. I had been here from day to day to get his discharge. I 
knew very well that he was not responsible, either for Kirtlan<rs pres- 
ence or his absence. I knew it as well as I know my own existence, 
and I did not thiidc that it devolved upon me to assist either public or 
private justice in that fashion. I was nothing more nor less than 
counsel. 

Q. You did not keep the fact to youiself out of any fear that his tes- 
iiiiony would injure Mr. Chittenden ? — A. Not the slightest, L)ecause I 
i.iiow it would not. I am as certain of that as I am that 1 am sitting 
luTe now. 

Q. Being perfectly satisfied that your client could not be injured, and 
lUl DOT 



1602 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

knowing that the committee were straining' every uerve to get Kirtland 

here 1 — A. Excuse Die; I did not know that the committee were 

straniiiig any nerves at all. 

Q. You knew we were holding Chittenden here to await his testi- 
mony"? — A. jS^ot at all, sir, until this morning. 

By Mr. Thurman : 

Q. Did you not know before this morning that we were anxious to 
get Mr. Kirtland? — A. No. sir; I did not. 1 might have suspected 
that, but I did not know that you were holding Mr, Chittenden on ac- 
count of Kirtland until this morning, when Judge Merrick told me. 

Q. Did you not know that we had sent for him? — A. No, sir; I did 
not know that you had sent for him. 

Q. You were at the Ebbitt? — A. Yes, sir. 

Q. Did you not know that Mr. Wilson was also at the Ebbitt? — A. I 
knew that very well. I know I talked with Judge Wjlson, perhaps im- 
properly, because the position which you hold is something of a judicial 
one. I urged upon him the discharge of Mr. Chittenden. I knew Judge 
Wilson knew 1 was there. Judge Wilson has never told me that they 
were straining every uerve to get Mr. Kirtland, or anybody else. 

Q. Y'ou were aware that we were trying to make a pretty thorough 
examination ? — A. I want to tell you that I have not ]>aid very much 
attention to this investigation, and know, perhaps, as little about it, ex- 
cept as it relates to my own personal client, as any man in the country. 
I have not paid the slightest attention to it. 

Q. Did Mr. Kirtland request you to keep his presence here a secret? — 
A. I do not think he ever said a word to me on that subject. 

Q. Did Mr. Wilcox ?— A. Perhaps Mr. Wilcox might. That might 
have been done; I do not know. It would be utterly impossible for me 
to tell, because I felt that I was between the fires, and felt that my own 
client was safe, and felt that discretion was the better part of valor, and 
that the less I talked the better I was off. 

By Mr. Stewart : 
Q. That is one reason why you did not object to Wilcox's liberality 
with your dinners and room ? — A. Well, perha])s, I ought not to have 
vstated that. I thought, perhaps, however, that it was not quite the 
thing to do. 

By Mr. Hamilton : 

Q. You think you did not tell Kirtland that these people here did not 
want him ? — A. I am perfectly certain that I did not tell him that these 
peoi)le did not want him. 

Q. Nor that he was not wanted? — A. Y"es, sir ; I am certain of that. 
I told him that if he told me what was the truth I did not care. 

Q. That you did not want him ? — A. No ; I did not care. 

Q. Did not care what? — A. Did not care whether he was sworn or 
whether he was not sworn ; that so long as he did not divide with 
Chittenden, that that was the vital i)oint between him and Chittenden. 

By Mr. Wilson : 
Q. Did you infer from Kirtland's conversation that, if he testified and 
he should tell the whole truth in regard to this thing — his whole connec- 
tion with it — his testimony would be very damaging to men occupying 
high positions? — A. Is that a question that I have got to answer? 

By Mr. Thurman : 
Q I do not see any reason why you should not answer. — A. Yes, sir; 
I did. 



TESTIMONY OF EMORY A. STORES. 1603 

By Mr. ^YILSON : 

Q. Now, [ sbould like to have yoa state to the committee just what 
he said to you which gave you that impression. — A. That is just what 
he said. You have just stated it. 

Q. I wouhl be glad to have you repeat it, as nearly as you can, in his 
own language, — A. You have staled it, judge, as nearly as I can 
state it. 

By Mr. TnuR:\iAN : 

Q. That his testimony would be very damaging to people in high po- 
sition '? — A. Yes, sir; to peo[)le in high position. That is as near it as 
I can state it — as near as if you had been present. I told him that I 
4lid not care to jiursue the sul)ject. I simply wanted to know about one 
I)oint, whether he had ever divided with Chittenden, and ikept the line 
right tliere, and I would not diverge from it at all. 

Q. Did you thiidc it would be a matter of any importance in the suit 
against McClelland whether he had divided with Chittenden or notf — 
A. Yery greatly, sir. Most decidedly, I did think it so. 

Q. Did it never occur to you that if he were called on the stand to tes- 
tify before this committee, and testified that he never had divided, that 
that might be of some advantage to Mr. Chittenden? — A. No, sir; be- 
cause 1 looked at it precisely in this way : Mr. McClelland knew per- 
fectly well of the giving of these notes, and he gave them himself. De- 
Golyer «I^ McClelland gave those notes. They were signed by them, and 
IJayable to their own order. It was for them to prove that there had 
been a division, and not for us to lu-ove that there had not been any. I 
was reading JNIcClelland's testimony, ami knowing just how fallible por- 
tions of it were, as have been developed here by the record evidence, I 
wanted to protect — not [)rotect, but 1 wanted to know what the fact was 
as to the balance. In a professional sense, I had no care. 

By Mr. Wilso>" : 
Q. Did ^Ir. Kirtlaud, in any of the interviews that you had with him, 
say anything about any other contract than the DeGolyer «S: McClellanil 
contract? — A. Xo, sir; my conversations with Mr. Kirtland, all that I 
ever had with him, as 1 have already stated here, were, (after 1 had 
passed what I conceived to-be the vital i)oint of his testimony,) very 
limited. I would not permit much conversation. It was social rather 
than otherwise. 1 am a lawyer, and there are gentlemen on this commit- 
tee who are lawyers also, and I did not want to converse u[)on topics 
that did not interest me nor my client. I thought that that i)articular 
topic interested my client exceedingly, because 1 su[)[)osed that, if Mr. 
Chittenden had really been dividing that 872,000 with Kirtland, i% 
would not only seriously affect his case, but would ruin him as a man. 

Q. Have you met a man by the name of Moore since you came to 
this city ? — A. Yes, sir; I met him at the Washington Club, 

Q. Where else did you meet him ' — A. I met him this morning at 
my room — no, not at my room — in the ollice at the hotel. 

Q. Have you met him at any other point in this city ! — A. Yes, sir; 
I saw him on Sunday casually, on the street, and had a very pleasant 
I intt*rvi(>w with him, 

I (^ Did you meet him at any other point? — A. No, sir; I have met 
' him three times. 1 met him at the club; I met him Sunday on the 
i street, which was a matter of mere accident, and I met him this morn- 
\ ing at the hotel. 

<i|. ilow (lid you happen to meet him at the club,' — A, 1 had an a[)- 



1604 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

]'0^!ntnieiit with ^\r. Mattiiigly at tlie clnb, aiul as I was alwnt leaving 
Mr. Mattiiigly very politely asked me iif) at tbe club, aiul 1 Meiit there. 
It is hardly necessary perhaps to state what occurred there, but there 
w as the usual entertainment. As I was about leaving I was introduced 
to Colonel Moore, by Mr. Mattingiy, 1 think. On Sunday 1 was out ou 
the sidewalk, aud met him again. There were one or two other gentle- 
men with him, whose names I do not remember now, and 1 had a very 
pleasant interview with him of about halt an hour, which had no earthly 
relation to this case, and this morning I met him again at the office 
at the Ebbitt House. 

Q. Has he been to your room since you have been here I — A. Xo, sir ; 
O, yes, he was at my room on Sunday, he and three other gentleman. 

(}. Who were the other three gentlemen who were with him ? — A. I 
think Mr. Crittenden was Avith him, and one or two other gentlemen 
whose names 1 do not now recollect. They staid about iilteen minutes. 
"VYe had there what we call allain-bow — piece — and dispersed. 

Q. How long were you with him at the club ? — A. I was with Colonel 
Moore tor ten minutes at the club. I was about leaving when I was in- 
troduced to him. 

Q, You say you had an appointment with Mr. Mattingiy. V\^here was 
that appointment ? — A. Mr. Mattingiy invited me to meet him at the 
Washington Club, and take luncheon with him. I was too late, because 
I had been to the opera. I went there, however, and found him. I 
was very pleasantly entertained by him and some other gentlemen, and 
just as 1 was about leaving I was introduced by him to Colonel Moore. 
1 did not expect to see Colonel Moore, and do not know that up to that 
time I ever heard his name. 

Q. Who were the other ]iersons you met there beside Moore and Mat- 
tingiy ! — A. That is very difficult for me to tell. I was introduced to a 
great many people. 

Q. Did you meet any of the members of the board of public works ? — 
A. I do not know who they are. 

Q. Governor Shepherd is one. — A. Governor Shepherd was not there. 

Q. Mr. Magrnder is one. — A. He was not there. 

Q. Mr. Willard is another. — A. Mr. Willard was not there. 

Q. Mr. Cluss is another. — A. I did not meet him. 1 have met Gov- 
ernor Shepherd in this room, and was introduced to him by some gen- 
tleman, whom I cannot tell; but never met him out of this room, ex- 
cept last Friday. As ] was passing out 1 met him standing here, when 
the committee went on its tour of investigation. 

Q. Have you, at any time, communicated to Mr. Mattingiy, or any 
other person in this city, what Mr. Kirtland would probably testify to 
in the event of his being brought before the committee? — A. I think 
that I have perhaps told Mr. Mattingiy that Mr. Kirtland's testimony, 
while it would not inflict the slightesi injury to Mr. Chittenden, would 
be injurious. Mr. Mattingiy said to me in respect to that— that was be- 
fore 1 ever saw Mr. Kirtland, and before I was here — I had heard a let- 
ter had been placed in the hands of the committee. He said that he 
desu^ed to have Mr. Kirtland here, and they were going to get Mr. Kirt- 
land, and that he was going to use every exertion in that direction. I 
told him I thought, from what 1 had heard — Mr. Wilcox had told me of a 
letter before I ever saw Mr. Kirtland, which was placed in the hands of 
the committee, in which Kirtland had stated, as I understood him — I 
presume the committee have the letter ; I have never seen it and cannot 
swear to its contents — that his (Mr. Kirtland's) testimony would be 
injurious. Mr. Mattingiy has always manifested to me the strongest 



TESTIMONY OF GEORGE R. CIHTTEXDEN. 1605 

disposition to produce ^Ir. Kirtlnnd lioro, in every conversation wliicii I 
have ever liad with him on tlie subject. 

Q. Did you e\-er inform Mr. >[altin<2,ly after you had seen Kirthvnd 
tliat Kirthiiurs testimony would be injurious f — A. No, sir ; Mr, Mat- 
tinji'ly docs not know, from anythinji' that 1 have ever said to liim on 
the sul>ject, that 1 ever saw Mr. Kirtlaud. 

George R. Chittenden sworn and examined. 
By Mr. Thurman : 

(^^uestion. When did you see ^Ir. Kirtland ? — Answer. I saw him hist 
Thurs(hiy night. 

C^. Is that the hist time you saw liim? — A. Yes, sir. 

Q. When was the last time before that j'^ou saw him ! — A. I think 
seven or eight months. I do not know but it was nearer a year. 

Q. Did you see him but once hist week ? — A. That was all. 

Q. Where did you see him '? — A. I saw him at the Ebbitt House. 

i}. In whose room ? — A. I think it was 2UG. 

Q. In whose room ? — A. Mr. Storrs's room. 

(^. Who was i)resent ? — A. There was no one present at the fore part 
of the interview. The interview lasted lifteeu or twenty minutes, per- 
haps. 

Q. The whole interview ? — A. Yes, sir. 

Q. Did you go with him to that room '? — A. No, sir ; I did not. 

Q. Did you meet him there by a[)pointment ? — A. He sent a note to 
the Arlington asking me to come over and see him. 

Q. From the Ebbitt House ? — A. Yes, sir. 

Q. Why did yon not go to his room? — A. I think he stated in the 
note to come to 20G. 

By Mr. AYilson : 

Q. Have you that note? — A. No, sir; I have not. 
By Mr. Tiiurman : 

Q. That was last Thursday evening ? — A. Yes, sir; about 10 o'clock. 

(^. Did he tell you why he wanted to see you ? — A. No, sir. 

(^. What reason did he give for inviting you over there? — A. I sup- 
pose, since we had not met for so long, he would like to see me. I would 
have liked to have seen him too. 

Q. Was that the reason that he gave, or did he give any ? — A. He did 
not give any. 

Q. What did you talk about? — A. I talked about the investigating 
comndttee, that is, of the' testimony that I had given in this case, and I 
asked him if he had read the testimonv. 

(I What did he say to that ?— A. He said he had. 

Q. Then what occurred! State the whole conversation. — A. I told 
him that I had been very full in my t<'stimony, and asked him if he had 
read my testimony in full, and he rei)lied that it was correct, or words 
to that effect, and that he had read it througii very carefully and found 
it to i)e correct. 

(). Did he say how long he had been in the city ? — A. He did not say 
anything about that ; no, sir. 

(}. Did he say when he came ? — A. Not a word about that. 

i}. Did he say where he had been in the city ? — A. No, sir. 

Q. What name did he sign to the note that he sent to you ? — A. Well, 

think, Senator, he signed the nanjc of Ilogle ; I think so. 



1606 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. How did you know, then, when you ^ot a note signed Elogie that 
it was Kirthmd ? — A. Well, I mistrusted it. 

Q. What made you distrust it? Had you heard that he was in the 
city ? — A. Yes, sir; I heard that he was in the city. 

Q. Who had told you ! — A. I say that I had heard that he was in the 
city. There was a gentleman by the name of Wilcox, who, I think, 
Monday evening intimated to me or asked me if I would not like to see 
Mr. Kirtland. I think it was Saturda^^ night. 

Q. Last Saturday night a week ? — A. Yes, sir; I think so. 

Q. Mr. Wilcox asked you if you would like to see Kirtland ? — A. Yes, 
sir. Words to that effect. 

Q. What did you tell Wilcox ? — A, I told him that I was a witness ; 
that I could not say anything. I should like to see Kirtland well enough, 
hut that I presumed that I would see him on the witness-stand, and 
hoped that he would go on Monday morning. That was my statement. 

Q. To Wilcox? — A. Yes, sir; I hoped that he would go on the wit- 
ness stand Monday morning. 

Q. Where was that conversation with Wilcox on Saturday? — A. That 
was in the Arlington Hotel. 

Q. He called to see you ? — A. He was passing through the hall. 

Q. Did he tell you that Kirtland was in town ? — A. I do not know that 
he stated that Kirtland was in town. I think he asked me the question 
simply if I would like to see him. 

Q. Without saying that he was in town ? — A. No, sir ; he did not say 
that he was in town. r 

Q. Did you arrange any meeting with him! — A. No, sir; I did not. 

Q. When did you see Wilcox nextf — A. I think I was going up to 
the Capitol Monday or Tuesday, Tuesday perhaps, and I saw Wilcox in 
the street, I think so. 

Q. What did Wilcox say ? — A. Well, we simply said " Good morning," 
and I think that I introduced him to Mr. Storrs, or he knew that Mr. 
Storrs was my attorney. 

Q. That was on Monday? — A. Yes, sir ; Monday or Tuesday, I think. 

Q. When did you state to Storrs that Kirtland was in town? When 
did you tell Storrs of this conversation with Wilcox that you had Satur- 
day ? — A. I think it was on my way to the Capitol. 

Q. On Monday ? — A. Monday or Tuesday. 

Q. That you told Storrs? — A. 1 think so; yes, sir. 

Q. You did not tell him then the same day ? — A. I told him the con- 
versation that was held in the hotel with Mr. Wilcox. 

Q. You told him of that conversation? — A. Yes, sir. 

Q. Was it in the night or in the day that conversation at the Arling- 
ton occurred? — A. That was in the evening, 1 think, sir. 

Q. After dinner? — A. No, sir; I think it was before dinner. I don't 
know whether it was before or after dinner. 

Q. You did not tell that to Storrs the same night ? — A. No, sir. 

Q. Did you tell him Sunday ? — A. No, sir ; I did not. 

Q. Did you not suppose, from what Wilcox said, that Kirtland was 
here ? — A. I did not know whether he was or not. I supi^osed, of course, 
he Avould be on the witness stand Monday morning. 

Q. Did you not suspect, from what he said, that he was here ? — A. I 
must say that I received an impression to that effect. 

Q. But you said nothing of it to Mr. Storrs? — A. No, sir; T believe 
not. 

Q. Neither then nor Sunday ; but Monday or Tuesday you mentioned 
it to Storrs ? — A. Storrs was with me, going up to the Capitol, and 



TESTIMONY OF GEORGE R. CHITTENDEX. K507 

Wilcox passed by. I did not kTiow his name at that time ; he was 
almost a total stranger to me. 1 mentioned that faet to ^Ir. Storrs. 

Q. Do yon know whether Storrs went to sec Kirtland? — A. 1 do not 
know anythinji' about that at all. 

Q. Did kStorrs say anything to you about his going to see Kirtland or 
not? — A. Not a word. 

Q. Did he say anything to you whether he had gone to see him or 
not? — A. No, sir; not a word. 

, Q. You do not know, then, whether he went to see him or not ? — A. 
Not a word. 

Q. In this conversation that you had in Mr. Storrs's room with Kirt- 
land, <lid Kirtland say anything about testifying! — A. There was a gen- 
eral talk. 1 stated to Colonel Kirtland that I hoped he would go on 
the witness-stand soon. 

Q. Did he say anything as to his disposition to come forward and 
testify ? — A. No, sir ; not a word. 

Q. Did he say what his testimony would be? — A. No, sir ; he said 
nothing except so far as my testimony was concerned. lie said it was 
correct. 

Q. Did he say anything about what would be the effect of his testi- 
mony, should he testify? — A. Not a word to me. 

Q. Did he say whether it would affect anybody or not 1 — A. Not a word. 

Q. Whether it would be prejudicial to anybody ? — A. No, sir. 

Q. Or injurious; anything of that kind ? — A. Nothing at all. 

Q. He gave no reason, then, for wishing to see you? — A. Except — he 
ga\e no reason for it, sir. It was simply in a friendly way ; more in a 
friendly way than any other. 

Q. Did anybody come in while you were there ? — A. Mr. Storrs. 

Q. How long did he remain ? — A. That I do not know. I bid Mr. 
Kirtland good-night and Mr. Storrs, and left. 

Q. And you think you only staid about fifteen minutes ? — A. But 
about fifteen minutes, I should think. 

Q. Do 3'OU know where Mr. Kirtland is ? — A. I have not the slightest 
idea. 

Q. Have you any idea whether he is in this city ? — A. I have not, 
8ir. 

Q. Did you learn from him that he had been at the house of this Mr. 
Wilcox ?— A. I did not. 

Q. Did you l^arn that from Mr. Wikiox himself ? — A. Well, I am not 
sure; I think not; 1 think I did not learn that. 

Q. Did Kirtland say anything about a subpdMia having been left for 
him at his house in New York? — A. 1 think Kirtland told me that he 
had been subptenaed. 

Q. That is, to appear before this committee? — A. Yes, sir. 

Q. Did he say whether he would obey the subpiena or not ? — A. He 
did not. 

Q. He did not say whether he would testify, then, or not testify ? — A. 
No, sir ; he did not say a word. 

By Mr. Hubuell : 

Q. What impression did you receive ? — A. I received the impression 
that he would testify. 

Q. That was on Thursday night?— A. Yes, sir. 

<^ Did you tell aiiylxxly that Kirtland was here? — A. No, sir. 

Q. Knowing that the committee was anxious to procure iiis attend- 
ance did it never occur to you that it woidd be right and i»roper for you 



1G08 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

to tell the committee that he was here ? — A. Well, I did not thiuk that 
was my buvSiiiess, sir. 

Q. It did not occur to you that it was ? — A. ISo, sir 5 it did not. 

By Mr. Hamilton : 
Q. Were you at Wilcox's house? — A. Xo, sir. 

Q. You did not meet Kirthmd there? — A. No, sir ; the only inter- 
view I have had is the one referred to by invitation of Colonel Kirtland. 

By Mr. Wilson : 

Q, Did not Kirtland tell you whom he had met since he had been 
here ? — A. JSo, sir. 

Q. Did he tell yon liow long he had been here? — A. Not at alL The 
interview that I had with Wilcox was the only impression I had in 
regard to his l)eing' here. 

Q. Do you know whether he met Mr. Moore here ? — A. I do not. 

Q, Do you know Mr. Moore? — A. Yes, sir, 

Q. Where did you meet him? — A. I became acquainted with Mr. 
Moore in Washington when I came here to do this business. 

Q. Where was he when you became acquainted with him? — A. That 
I cannot tell you; I met him incidentally. 

Q. Where did you meet him ? — A. That I cannot tell you. 

Q. Do you kuow what business he was engaged in at that time ? — A. 
I think he was in the plumbing business. 

Q. Do you know with whom ? — A. I think in Mr. Shepherd's store. 

Q. Did you ever meet him there"? — A. Y^es, sir; 1 have met him there. 
I say that he is in the plumbing business — he is in the store with Mr. 
Shepherd. 

Q. Did Mr. Moore ever call on you at the Arlington ? — A. Well, I do 
not know. 

Q. Did you ever see him at the Arlington ? — A. I presume I may 
have seen him. 

Q. Do you recollect of any conversation with him there? — A. I may 
have had some, but I do not know that 1 ever did meet him at the Ar- 
liugton. 

Q. Did you ever see him and Kirtland together ? — A. No, sir. 

Q. Do you know of Kirtland having interviews with him ? — A. T do 
not, positively. 

Q. Do you know from Kirtland's statements to yon that he did have 
an interview with him?— A. Of course this refers to former times. 

Q. Y'es. The time you were negotiating this thing? — A. I do not 
know that Kirtland ever stated that he had interviews with Moore. 

Q. Do you know from any fact or suggestion that he and Kirtland 
did have interviews? — A. 1 do not call to niind anything to indicate 
that. 

Q. Y^ou have seen them together, however ? — A. I do not know that 
I ever saw them together. If so it was simply incidental; the same as 
myself and Colonel Moore. 

Q. Have you seen Colonel Moore since you came here this time ? — A. 
Y'"es, sir. 

Q. Where? — A. I think I called at his store. 

Q. How often ? — A. I may have dropped in at his store twice. 

Q. Has he been to see you at the Arlington? — A. He has not. 

Q. Have you met him at any other place than at his store ? — A. I 
may have met Colonel JMoore once. 

Q. Where?— A. At the club, I think I met him. 

Q. How many times ? — A. Only once. 



TESTIMONY OF GEORGE R. CHITTENDEN. 1609. 

Q, Who was there ?— A. There were several geutleiiieii. 

Q. Vlense name them, if you can remember their names 1 — A. I think 
]Mr. Storrs and Mr. Kilbourn. 

Q. Who else ?— A. I do uot know that I met Colonel Moore with 
those ]»arties, 1>nt I saw these diit'erent i)arties. 

i). Were you dining- or lunching there, or having some little convivial 
assenibhige :' — A. Very slightly convivial, sir ; not very much so. We 
simply met incidentally and had a glass of wine, perhaps. 

Q. Wiio else did you see besides Mr. Kilbourn I — A. I met several 
genthMuan there. 

(,). Can you not name any of them ?— A. I think I met a :\Ir. Gideon. 

Q. Who is he.- — A. lie is a gentleuuin who drops into the club fre- 
quently. 

Q. VVhat does he do; what is his business? — A. I do not know that. 

i). Did you meet Mr. Mattingly there ? — A. Yes, sir; I have done so. 

i). Mr. John O. Evans? — A. No; I do not think I know Mr. Evans 
at all. 

Q. Do you remember anybody else whom you met there ? — A. I do 
not call to mind any one else. 

Q. I wish you would try and recollect any other persons who were 
there? — A. 1 do not know but what 1 saw Mr. Harrington there. 

Q. Have you been at the ckib more than once since you have been 
here ? — A. I have been in there several times, sir. 

Q. Have you met those same ])arties every time ? — A. Xo, sir. 

Q. How long were you at Mr. Moore's store the first time you were 
there? — A. I think, the first time, it was about five minutes. I said, 
" How do you do," to Colonel Moore, and i)assed out. 

Q. How long were you there the next time? — A. I suppose I might 
have been there ten minutes. 

Q. Where did you see Mr. Moore when you were in the store ? — A. 
I saw him at his books in the office where he attends to them. 

Q. Is it a private office ? — A. No, sir ; it is public. 

Q. AVas anybody else there except yourself ? — A. I think there were 
two or three parties coming in and going out. I think there was one 
party there. 

Q. Did you have any conversation with liini in regard to the matters 
connected'with this investigation ? — A. I think that 1 said to him that 
I was anxious to get home. 

(^. Was there any talk about the defense of this case ? — A. No, sir ; 
not at all. 

By Mr. Hamilton : 

Q. Did you meet ]\Ir. Moore at .Mr. Storrs's room at the Ebbitt House ". 
A. I think that Colonel ^loore and 'Sir. (iideon came there iSunday, aud 
I nwt them there. It appears to me that I did. 

Q. How long were they there ? — A. O, 1 think, five or ten minutes. 

Q. Were not they up in ]\Ir. Storrs's room '. — A. Up in Mr. Sto.rs's 
room. 

Q. And they made quite a stay there ? — A. I think, al)outten minutes. 
J was going from the I'^bbitt House and the Arlington, and met Mr. 
^I I tore and Gideon coming across to the hotel, and 1 went back to the 
hotel and weiit up to Mr. Storrs's room a few moments. 

By Mr. Bass : 

(^ Did Mr. Kirtland at the time of your negotiations for this contract 
advise you that he ex[)ected to use any part of that 87l',OUO throngh Mr. 
^luore '. — A. No, sir. 



IGIO AFFAIRS IN THE DISTPJCT OF COLUMBIA. 

Q. Did you tell Mr. Storrs, your counsel, that he did ? — A. No, sir ; I 
believe uot. 

Q. What do you say ? — A. I believe not. 

Q. Did you not give your counsel, Storrs, to understand before you 
came to this city, or since you came, or while you were on the way, 
Colonel Kirtland was to pay some portion of these moneys for the pro- 
ceeds of the notes to Colonel Moore "? — A. ^o, sir ; I did not, because I 
did uot know it. 

Q. Did you not understand that it was to be done in that way ; that 
the contract was to be procured through Colonel Moore ? — A. No, sir ; I 
did not. I do not know what he did with a dollar of this money. 

Q. Did you uot believe that it was to be obtained through Colonel 
Moore f — A. I could not believe that. 

Q. I do not ask you whether you could or could not. Did you in fact 
believe or understand that the contract was to be obtained through 
Colonel Moore's inliuence ? — A. No, sirj I did not know anything 
about it. 

Q. Answer the question. Did you understand or believe, upon infor- 
mation or suspicion, not upon your knowledge — but I ask you for your 
suspicion or belief — that the contract was to be obtained by Mr. Kirt- 
land through Colonel Moore ? A. I know nothing about it, sir. 

Q. Well, sir, answer the question. Did you believe, or suspect it, or 
understand it ; was that a part of your suspicion and belief? — A. I know 
nothing about it, sir, at all. 

Q. Well, sir, you have said so: now answer the other question. — A. 
My impression was that Colonel Kirtland had some inliuence, but I did 
uot know where it was, or anything about it. 

Q. Did you understand or suspect that that influence was to be exer- 
cised through Colonel Moore ! — A. 1 did not. 

By Mr. Thurman : 
Q. You had no such suspicion ? — A. I had no such suspicion. 
By Mr. Bass : 

Q. No such information ? — A. No such information. 
Q. Did you not advise your counsel that that was your suspicion and 
understanding "I — A. I did uot so advise him that I remember. 

Col. William G. Moore, having been duly sworn, was examined. 

By Mr. Wilson : 

Question. Are you acquainted with a man by the name of Kirtland ? — 
A. Yes, sir. 

Q. When did you last see him? — A. I saw him — I will try and recol- 
lect the time, sir — I am not sure ; I think it was — it must hav^e been — 
Friday or Saturday last; I am not sure about that. 

Q. Where did you see him ? — A. I saw him at the Ebbitt House. 

Q. How long before that had you seen him ? — A. I saw him, 1 think, 
some time last summer ; but I am not sure about that, however. 

Q. Have you not seen him since last summer until last Friday or Sat- 
urday "? — A. I think not, sir. 

Q. Where did you see him at the Ebbitt House? — A. He was in a 
room on the third floor, the number of which I do not recollect. 

Q. Whose room was that? — A. His own room, I understood from 
him. 

Q. How did you happen to see him there? — A. 1 was told that he was 
there, and desired to see me. 



TESTIMONY OF WILLIAM G. MOORE. 1011 

Q. Who informed you that he was there? — A. Mr. William F. IMat- 

tinsly. 

C^. Where did Mr. ^[attiiii^ly j>ive you that information ? — A. I met 
him, 1 think it was, at the club-house on New York avenue. 

Q. Did Mr. Mattingly inforoi you what he wanted to see you about ? — 
A. Xo, sir; he did not. 

Q. Where was it ;\Ir. Mattin<;ly informed you that Mr. Kirtland wanted 
to see you at the Ebbitt House '! — A. I think it was at the club, tliough 
I may be mistaken ; I am not sure about that. 

Q. When was it ? — A. It ('(ndd not have been at the club-house, sir, 
because 1 saw him, I think, on the afternoon of the same day that Mr. 
]Mattiniily informed me that he desired to see me. 

Q. Where was Mr. Mattin«>!y when he informed you — where were you 
ar.(lMr. Mattingly when you uot tlie information from him that Mr. Kirt- 
land was at the Ebbitt House and desired to see you f^A. At my place 
of business. 

Q. Where is that ? — A. 010 Pennsylvania avenue. 

(). What is your business ? — A. I am a member of the firm of A. K. 
SlM'plu'rd & Co., plumbers and gas-fitters. 

Q. What time in the day did Mr. Mattingly give you that informa- 
tion ? — A. Probably in the afternoon, sir. 

Q. What time in the afternoon '! — A. It is impossible for me to say, 
sir. 

Q. Was it late in the evening or nearer noon ? — A. No, I do not think 
it was late in the evening. I think it was some time in the afternoon, 
but what time I could not say. 

Q. I would be glad if you would fix the day now, if you can. — A. I 
have no means of fixing the day. 

By the Chairman : 

Q. Was it a rainy or a dry day ? Saturday was a wet one and Fri- 



day was a dry one- 
Mr. TiiURMAN. Friday was the day we were inspecting the city. I 

do not think it was that day, because Mr. Mattingly was with me in the 

carriage all that day. 
The WiTESS. I do not think it was that day. 

By Mr. Thurman : 

Q. Mr. Mattingly set me down at my house about half past six or 
nearer seven ; was it after that or before that in the afternoon f — A. It 
was in the afternoon, if 1 mistake not. 

Q. It was then before G o'clock ? — A. Yes, sir. 

Q. Tlu'U it could not have been Friday. Was it Saturday. That was 
the rainy day. — A. No, sir; I do not think it was Saturday, because 
that was a very busy day with me, as I pay my hands off. I am gener- 
ally detained in the store until 7 or 8 o'clock in the evening. 

By Mr. Wilson : 

Q. Then it must have been prior to Friday ? — A. Yes, sir. 

(}. Did Mr. Mattingly tell you how you would be enabled to find Mr. 
Kirtland at the hotel ? — A. lie told me the number of his room. 

Q. What was that ? — A. It is mere conjecture, but I think the number 
was 104. 

Q. Did he inform you under what name Mr. Kirtland was passing: 
tlieie '! Was ic 104 or 2o(> ? — A. 1 cannot remember the precise number 
of tiie room; it was on the third floor. 

Q. Did he tell you it was on the third floor :' A. Yes, sir. 



1612 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did be give you directions how you Avoiild find that room other 
than giving you the number? — A. He just gave me the number and 
said it was on the tliird floor. 

Q. Did he give you the name under which Mr. Kirthiud was passing 
at that hotel ? — A." I think he did. 

Q. What was the name ? — A. 1 will try and recollect it. 

By the Chairman : 
Q. Was it Hogle '? — A. Yes, sir ; that is it. 

By Mr. Wilson : 

Q. Is that the only place in this city that you have seen Mr. Kirt- 
land ? — A. The only i)lace. sir. 

By the Chairman: 

Q. And the only time? — A. And the only time since last summer, or 
early in the fall, perhaps. 

Q. Why did Mr. Kirtland want to see you? — A. I have known him 
since, perhaps, 1802 or '63. I used to meet him quite frequently when I 
was connected with the administration of ex-President Johnson. 

Q. Did you send your card to his room when you went there ? — A. No, 
sir; I went to the door and rapped. The way I found the room I met 
a chambermaid in the passage, and asked her to show me to this num- 
ber, and she showed me to the room, and I simply rapped, and this gen- 
tleman came out. 

Q. Was there any direction given you as to how you should rap ? — 
A. No, sir ; nothing of the kind at all. 

Q. When you got into that room what did Mr. Kirtland want to say to 
you ? — A. Nothing particular, sir, that I know of — simply complained 
that he had been made very nervous, and was in a state, as it were, of 
prostration, as to whether he should appear before the committee or not. 

Q. AVhy did he want to see you on that subject ? — A. As I have said, 
I have known him for a long time. 

Q. Were there no other special reasons why he wanted to see you ? — 
A. He mentioned none, sir. 

Q. Do you know where he is now ? — -A. I do not, sir. 

Q. Do you know where he went from here ? — A. I do not, sir. 

Q. Do you know where he i^roposed to go? — A. No, sir. 

Q. Was there anything said in regard to his leaving this city and not 
appearing before this committee ? — A. He said that he would make up his 
mind whether he would leave or remain here ; whether he would deem 
it best to remain. He spoke of it having caused him a great deal of 
trouble, and he seemed to be very anxious to avoid appearing before 
the committee or publicity. He said that was the only trouble in the 
way at all ; the idea of being dragged before the public. 

By Mr. Thurman : 

Q. Did Kirtland tell you in that interview that he had been sub- 
poenaed ? — A. I think not, sir. 

Q. You do not remenjber whether he told you or not? — A. No, sir; I 
do not think he did. He said, if I recollect correctly, that he knew he 
was wanted here, but he did not say whether or not he had been sub- 
l)tenaed. 

Q. He did not say anything about a subpoena having been left at his 
house ? — A. No, sir. 

Q. Did he say when he had come to Washington ? — A. No, sir. 

Q. Did he say where he had been after he did come ? — A. fes, sir. 



TESTIMONY OF WILLIAM G MOORE. 1G13 

Q. Where did lie say lie had been ?— A. He said he had been, I think, 
at the AVashington House, and had changed his quarters to the Ebbitt 
that inornin<»:. 

Q. IJad clianged from tlie Washington House to the Ebbitt House? — 
A. Yes, sir; and that before I saw him. 

(). Did he say anything about having been at 'Sir. Wilcox's ? — A, Yes, 
lie mentioned Mr. VYilcox's name, I think, in this connection. I think 
lie said when lie came into the city lie went to Mr. Wilcox's and found 
his house full, and then went to the \Yasliington House, and then, on 
the night before 1 saw him, to the Ebbitt. 

(). Did he ask your advice as to whether he ought to appear betbre 
the committee or not? — A. Xot that I remember, sir. 

Q. Did he not ask for your opinion at all upon that subject. — A. I 
think not. 

Q. Did he give you any reasons, 2}^'o and cow, why he should or should 
not apjiear before the committee ? — A. He did not, sir ; except the fact 
to avoid the publicity, as I have said, and his ner>iousiiess. 

Q. How long did the conversation last? — A. 1 do not think it lasted 
more than twenty minutes. 

Q. Did you give him any advice! — A. I think not, sir. 

Q. Can you not recollect whether you di<l :' — A. I do not think — lean 
recollect no positive advice that I gave to him. 

Q. l>id you exjiress any opinion as to whether he had better testify 
or not ? — A. I think not, sir. 

Q. You think not? — A. I think not, sir. 

Q. Y'ou think ytiu did not say anything calculated to influence bini in 
one way or the other f — A. 1 do not think 1 did, sir. 

Q. Did he say anything about what his testimony would be in case 
he should give testimony ? — A. Not further than to say that he knew 
nobody had been pecuniarily benefited by the transaction in which he 
had been engaged. 

Q. Did he say he knew anybody who had been benefited at all ? — 
A. That is about what he said; pecuniarily benefited, I think. 

Q. That he knew of no one who had been pecuniarily benelited t — A. 
Yes, sir. 

Q. How came he to make that remark to you ' — A. He said if he came 
on the stand that he had not much to say, to be sure, but he disliked the 
idea of being cross-examined, and that he could not say anything more 
than that. 

Q. That he could not say anything more than that he knew of nobody 
who had been jiecuniarily benefited by the transaction ? — A. Y\\s, sir. 

Q. Did you not know better than that ? — A. 1 presume he referred to 
the notes, sir. 

Q. Did you not know better than that ? — A. I knew, by reading the 
testimony liere, that there had been some persons who had received fees; 
that I knew, sir. 

(^ Is that all the knowledge you had ? — A. That is all the knowledge 
1 had. 

(). Had you never beard before that he had receix cd money for notes 
from Mcrielland ? — A. Yes, sir; 1 read that in his testimony. 

(). ^'(111 never knew that before ? — A. I iiave, sir. 

(}. WIm'Ii did you lirst hear of it? — A. He told me of that Just alter 
he receive<l a payment of s 10,000 on a note of Dc(lol.\('r tS; .McClelland. 

(}. What did lu^ tell yon .' — A. He told me that he had reeeixcd pay- 
ment of this note of .sio,ooo. 
(^ U'as that all he told you ? — A. I am not sure, but it stiiUes me that 



1614 AFFAIRS IN THE DISTRICT OF COLUiVIBIA. 

he had before that received some other money. I am not sure of that. 
It is a matter that 1 cannot distinctly recollect — that conversation oc- 
curred about the time of the payments, and it was some months ago. 

Q. What 110,000 were those'?— A. The proceeds of a note, I tbink, 
sir. 

Q. Did he say what became of it? — A. No, sir. 

Q. He did not say to whom he had given it? — A. No, sir. 

Q. Did he tell you anything more about the transaction ; how much 
he was to get, or anything of that kind ? — A. No, sir. He told me 
about these notes and this payment of $10,000, and there must have 
been a previous payment; I cannot recollect distinctly; it might have 
been .$2,500 or $3,500. This payment of the note ; he told me he had 
received payment of it, and, to be frank about it, he offered me a part 
of it. 

Q. Did he tell you then what was the arrangement with Chitten- 
den ? — A. No, sir. 

Q. He spoke of the.notes, though ? — A. Yes, sir ; he told me all about 
the notes. 

Q. The $72,000 of notes ? — A. I did not know the exact amount, sir. 
Indeed, I did not know that the notes amounted to that until I saw it 
exhibited in the testimony. 

Q. He told you that DeGolyer & McClelland had given their notes ? — 
A. Yes, sir. 

Q. And he told you that they were given to him for the purpose of 
getting a contract ? — A. That they had been given to him for securing 
a contract. 

Q. Was this before or after he had secured the contract that he told 
you that? — A. It was after, sir ; after the contract had been awarded. 

Q. Did you never have any conversation with him before ? — A. Yes, 
sir. 

Q. Before the contract was awarded ? — A. Yes, sir. 

Q. Did he not tell you before the contract was awarded about these 
notes ? — A. No, sir. 

Q. Did he tell you of any understanding or bargain or contract be- 
tween him and Chittenden before that? — -A. Yes, he told me that there 
was some bargain or understanding ; but, so far as I can remember, no 
notes were mentioned. 

Q. But he told you that there was a bargain ? — A. Yes ; he told me 
that there was a bargain. 

Q. Did he not tell you how much a square yard he was to get in case 
the contract was awarded ? — A. No, sir. 

Q. Nothing of that sort? — A. No, sir; I never knew what his agree- 
ment was until I read the testimony of Mr. Chittenden. 

Q. When was it that he offered you a part of the $10,000 ? — A. I sup- 
pose it was shortly after the first note was paid. 

Q. Was that before or after the contract was awarded ? — A. It must 
have been afterward. 

Q. Why did he offer you a part of it ? — A. Well, he said that, having 
trusted to him a good deal, »&c., he would be very happy if I would take 
a portion of the money. 

Q. How much did he offer you? — A. He did not specify the amount. 

Q. What was your reply ? — A. I declined to take it, sir. 

Q. You declined to take any ? — A. Yes, sir. 

Q. Had he solicited your influence before ? — A. He had asked me to 
help him. 

Q. When did he first ask you to help him ? — A. It is very diffiicult to 



TESTIMONY OF WILLIAM G. MOORE. 1615 

state. I cannot saj-, but of course the date of the contract would fix 
tbat ; it was prior to the awarding of tlie contract. 

Q. He asked you to help him '^— A. Yes, sir. 

g. What did "you say to that proi)osition I— A. I told him that I would 
be very happy to do him any friendly aid in my power. 

Q. Did he suggest anything then about compensation ? — A. Xo, sir. 

Q. Nothing at all '? — A. No, sir. There might have been an intima- 
tion of that kind, but it was in a friendly way. 

Q. How often did you see him before the contract was awarded '! — 
A. (}\\\{v frc'cjuently, sir. 

i). On this business f — A. Well, not i>articularly on this business, sir. 
He ealU'd to see me quite, frecpiently ; that subject was mentioned, of 
course, more or less. 

Q. Where were jou then ? — A. 1 was then in theestablishment of A. 
K. Shepherd & Co. 

Q. At that time ? — A. Yes, sir. 

Q. How long did you say you hj^l known Kirtland ? — A. I think 
since 18G2 and 18G3, when he came here with a cavalry regiment from 
ifew York. 

Q. He was iu the war ? — A. Yes, sir. I think he was in " Scott's Nine 
Hundred." 

Q. How long was he here in 18G2 or 1803? — A. The regiment was 
here for some months before it was ordered off. 

Q. When was he mustered out of service ? — A. I do not recollect. 
After the regiment was ordered from Washington, I do not think it re- 
turned again until it was mustered out. 

Q. That was in 18G5, was it not? — A. I do not remember that, sir. 

Q. When did he come to Washiugtouafter the regiment was mustered 
out ? — A. I do not recollect. 

Q. What business had he here? — A. I am not aware, sir. 

Q. Was he here frequently after the war up to the time these con- 
tracts were awarded ? — A. Ko, sir; 1 cannot remember that he was. I 
met him now and then when I was acting private secretary to the Presi- 
.dent. 

Q. What ai)peared to be his business? — A. I never knew. 

Q. You had no idea ? — A. 1 never took sufticient note of his presence 
here to rememl)er whether or not he staid here any length of time. 

Q. J)id you understand him to be a lobbyist? — A. No, sir; I never 
knew that he was here iu that capacity. 

Q. Or about Congress? — A. No, sir; 1 never knew that he wjis here 
ou that sort of business. 

Q. Do you remember of his being here in 1871 ? — A. Tcannot recollect. 

Q. Or 1872 ?— A. I thiidv he was here in 1872. I fix that from the 
1 date of this contract. He was here (juite a leugth of time, I think, in 
1872. Perhaps a couple of months or so, if not more. 

Q. Was he a member of the Washington Club? — A. Ido not know, sir. 

Q. Was he a liab it ue thave^ — A. I never saw him there. It is a place 
I do not often attend myself. 

Q. Was he here in 1872 ? — A. Yes, sir. 

Q. Was he here any considerable time in 1872 ? — A. If I mistake not 
lie was here a considerable portion of the summer. 

(^ Of 187:3 ?— A. Yes, sir. 

i}. \\ hen was the contract awarded to DeGolyer aud McClelland ? — A. 
I think in 1872. 

(). About what time? — A, Simply froiu recollection, gathered more 
from the testimony than anything else, 1 think somewhere about dune. 



1G16 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Do you know what acquaintance Mr. Kirtland had in Washington 
in 1872 ? — A. ^es, sir ; the onl.y persons with whom I saw him were a man 
named Brown ; I saw him witli Mr. Chittenden. I do not think I saw 
him with anybody else. 

Q. The Reverend Mr. Brown "? — A. That is what they ctdled him, sir. 

Q. AVhat was Mr. Brown's business here? — A. I have not the remotest 
idea. 

Q. Yon do not remember seeing* Mr. Kirtland with any other person 
except Brown or Chittenden ? — A. I may have seen him with his father- 
indaw, who lives in Washington. 

Q. Who is his f'ather-indaw '? — A. Mr. Grayson. 

Q. Does he live here now? — A. Yes, sir. 

Q. Whereabouts does he live in Wasliington ? — A. He lives on Mis- 
souri avenue near Fourth-and-a-half street, 1 think. 

By Mr. Wilson: 

Q. What is his business? — A.*[ think he is a clerk, sir. He is an 
elderly gentleman. 

Q. A clerk in one of the Departments ? — A. Y^es, sir ; that is my im- 
pression. I know him personally. He is a tall man. 

By the Chairman: 
Q. Slim, with gray hair ? — A. Yes, sir. 

By Mr. Tiiurman : 

Q. Was Kirtland married before the war, or did he marry after the 
war? — A. I do not know, sir. I do not know his family-history. 

Q. You told him you would help him ? — A. I told him I would be 
glad to aid him if I could. 

Q. In what way? What induced you to tell him that? — A. He de- 
sired me to use what intiuence I might have with the vice-i)resident of 
the board of public works, Alexander R. Shepherd, in order to obtaiu 
this contract. 

Q. ^\' hat induced you to make that promise to him ? — A. Simply, I 
told him in a friendly way, I would do what I could in that direction. 

Q. Had you been intimate with him f — A. Yes, sir. I had known 
him, as I have said, since 1863. 

Q. Was there any great intimacy between you ? — A. I do not know 
what you call intimacy, but I have known him very well. 

Q. What had brought you into friendly relations with him ? — A. 
When his regiment was here, I was, at that time, in the War Depart- 
ment. I think I first met him in connection with the colonel of his com- 
mand; and as the War Dei)artment was a frequent place to visit for 
officers, I met him there first, if 1 mistake not. 

Q. Did you use your friendly help ? — A. I did to some little extent. 

Q. With Governor Shepherd, who was then vice-president? — A. Y"es, 
sir; I spoke to him on the subject. 

Q. What reason did you give for doing that ? — A. I think that before 
that time I had spoken on the subject — before I met Colonel Kirtland. 
I think I had spoken on the subject to Mr. Shepherd, but simply asked 
him to do whatever was right and proj>er in the premises. He told me 
it was a matter that did not belong to him ; but that it belonged to the 
board, and would be investigated and determined by the board. 

Q. llow came you to speak to liim before you saw Kirtland ? — A. At 
the solicitation of Mr. Chittenden. 

Q. Mr. Chittenden then had solicited you ? — A. Yes, sir. 

Q. Had Air. Chittenden nmde any proposition to you ? — A. Not di- 



TESTIMONY, OF WILLIAM G. MOORE. 1017 

rectly, sir ; I nnderstood :ui iiitiinatioii that, i)erliiii)s. I could liave ;i 
share in the contract, I think. 1 am not sure that 1 am doing him justice. 

By J\lr. Thiirman : 

Q. Was it in consequence of the intimacy that you speak of? — A. 
No, sir. 

(J. When did you first become acquainted with jNFr. Chittend'Mi ? — A. 
1 met him here, 1 thiid<, in 1872 — the \vint«'r i)receding the contract. 

Q. The contract was anarded when '. — A. In June, 1872. 

<^. You met hini, then, in the preceding winter? — A. Yes, sir: I 
tliink I met him early in the winter of 1872. 

Q. You mean 1871-72 ? — A. Well, say about February, 1872. 

Q. You had never known him before ? — A. I had not, sir. 

Q. WIio introduced him to you ? — A. 1 do not know. It is a circum- 
stance I have endeavored to recall in vain. I am very sure that he was 
introduced to me in person. I am pretty sure that it did not come by 
letter. 

By the Chairman : 
Q. It was not 3Ir. Huntington, was it? — A. Xo, sir; I think not. 

By Mr. Thurman : 
Q. How often did you see him before you saw Mr. Kirtland ? — A. 
That 1 could not say, but quite frequently, I should suppose. That 
would depend on the length of time between my first acquaintance with 
Mr. Chittenden and my next meeting with Kirtland. 

Q. Did you tell Mr. IShepherd that you had had any conversation 
[ with Mr, Chittenden on the subject? — A. I told him tliat I had been 
solicited by ]Mr. Chittenden to ask his attention to an application for a 
contract; yes. 

Q. Did you tell Mr. Sheplierd that Mr. Chittenden had intimated to 
you that you could liave an interest in it ? — A. No, sir. 

Q. Did you tell Mr. Shepherd that Kirtland had intimated anything 
( of that sort ? — A. No, sir. 

Q. Did Mr. Shepherd inquire anything about it, how you were inter 
esting yourself in that manner ? — A. No, sir; he merely gave the reply 
I that I liave said, that it was a matter that was not to be determined by 
[ him, but must come up before and be de(;ided by the board. 
I (}. Did Mr. Shepherd say anytliing to you to the effect that he did 
I not think it was proper for you to be soliciting contracts? — A. No, sir. 
I Q. He said nothing of that sort? — A. No, sir; there was nothing 
1 mentioned of solicitation. 

I Q. Well, considering the relations between you and ]\Ir. Shepherd — 
: you were his i»artner were you not ? — A. Yes, sir; I became a partner 
j in tlie lirm the 1st of .Vi)ril, 1872. I might not have been a partner at 
I that time to which 1 refer. This oc(airred, perhaps, in February or 
I March of that year. 

Q. Wiien did you go into the establishment of Alexander li. Shep- 
herd ? — A. April 1, 1872, as a partner. 
' Q. Were you in it in any other capacity before that ? — A. I was, as it 
J were, on a sort of i)robation. I had resigned in April, 1870, to go into 
I that establishment, and from that time to 1872, was in the estal)lish- 
t nient — not as a partner, however. 

Q. What time did you say you went into it? — A. In 1870 I went into 
the establishment, but not as a i)artuer. I became a partner on the 1st 
of Apiil, 1872. 

102 U C T 



1618 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

i). lu 1870 you went into it, and two years afterward you became a 
partner'^— A/Yes, sir. ,,-.-,. 

() Did Mr. Shepherd intimate to you that he uid not want any person 
so intimately connected with him to be interesting himself in contracts ?— 

A. No, sir. ^^ . , T i. ■ 

Q. He said nothing of that kind ?—xV. No, sir ; because I was not in- 
terested in that contract. . 

Q Interesting yourself in procuring contracts?— A. No, sir; i did 
not ask him in the manner of procuring contracts. I merely called his 
attention to it. I told him I had promised to do it, and asked him to 

consider this. . . ,^,^01 i i 

Q And you are quite sure that you did not intimate to Mr. bhepherd 
that you cmddhave an interest in the contract if it was awarded?— A. 
I am positively certain, sir. 
Q. You are quite sure of that?— A. Yes, sir. 

Try and recollect a little more detinitely whether Mr. Chittenden 
did'^not inake you a specific offer of an interest !-A. Since this matter 
has been investigated, I have endeavored to recall most of the circum- 
stances : but I have no distinct recollection of any definite, positive otter. 
It was more in the nature, as I have said, of an intimation. I recollect 
my reply, that if he desired to defeat himself, he had better let that be 
known or make the offer again ; that it would ruin his chances for a con- 

^Q.Did you liave any other intimation of. that sort from any other 
people who were soliciting contracts ?— A. O yes, sir ; I have had inti- 
mations from a good many. , . i ^ i 
Q. To the same ett'ect ?— A, Well, they have given me to understaiid, 
that if I would aid them, I might receive a fee or some portion ot the 

proceeds of the contract. . . n., ^ • ^1 ^-u^ 

Q. That you would not lose anything by it?— A. That is exactly the 

■ (V Did you recommend any other contracts ?— A. I do not know, sir. 
If a person came along that I knew very well and liked, I had no objec- 
tion at all to recommend him. 

Q. Try to recollect if there were not some others.— A. 1 cannot recol- 
lect any. a » ^- 

Q. Y^ou remember that there were such things f— A. les, sir. 

Q. They were too common for you to recollect ? — A. Yes, sir. 

Bv the Chairman : 

Q. O'Connor & Shanley ?— A. No, sir. I do not know that. I never 
before heard of them. 

By Mr. Thurman : 

Q. Now, do you not know that Kirtlaud says that you got $40,000 
of that $72,000 ?— A. No, sir. ^x . t i f 

Q. Did vou not hear that Kirtlaud said that!— A. No, sir. I do not 
think that Colonel Kirtlaud would have said so. The whole history ot 
that atiair is, in brief, this: When those notes came— and, as i have 
said, I do not recollect the amount of them— he desired me to retain 
halt of them. I declined to do so, and he made the proposition to 

Q. One-half of all the notes"?— A. That is what I understood him to 
sav I might have misunderstood him. I thought notes so freely given, 
in^he first place, would not amount to much, and I did not care about 
involving myself in that wav. His next proposition was, that he wouitt 
take those notes, I believe, and discount them, and that in that event 



TESTIMONY OF WILLIAM G. MOORE. 1010 

lie would put half of them to my credit. The result was, that wheu he 
obtained the lirst i)aymeut of $10,000, as 1 have said, he ollered me a 
portion of tiiat $10,000, and I declined, and I Inive never received one 
cent from that or any other contract under the board of public works — 
uot one cent; nor am I interested in any or expect to receive any. 

Q. Did he give any reason for otfering yon one-half of these notes or 
one half of the proceeds of the notes ? — A. Simply as I stated. He 
stated that I had been of service to him. 

By 3Ir. Stewakt: 
Q. Did yon know that he used your name, or made intimations to that 
effect, as a reason for getting this $72,000 in notes from Chittenden «S: 
McClelland?— A. Xo, sir. 

By Mr. Thukman : 

Q. Have you any idea what he did with any of that money, except 
what he gave to Parson Brown ? — A. Well, that is a matter that I have 
looked into. I never knew that Mr. Brown received one cent, and, 
strange to say, in the whole transa(;tion the only i)ersons that seemed 
to 1h' interested in the affair were Chittenden and Kirtland. 

Q. Do vou know with whom Paison Brown was ac(|uainted here? — 
A. Xo, sir. 

Q. You do not know much of Parson Brown ? — A. No, sir ; I did not. 
He was a very peculiar man, to whom I did not take much of a liking. 

Q. Did he not go to the club ? — A. I never saw him there; but 1 wish 
to state, also, that it is a place I very rarely go mysalf. 

By Mr. Wilson : * 

Q. Did you see these notes after they came from Chicago ? — A. Yes, 
sir ; he showed them to me. 

Q. Where did he show them to you? — A. In the store. 

Q. Was he in there with those notes ? — A. Yes, sir ; and desired me 
to retain and offered me half of them ; I think he said half. 

Q. You <leclined ? — A. Yes, sir. 

Q. What portion of the $10,000 (Jid he offer you I— A. He did not 
mention. He said if I wanted part of that, of course I could have it. 

Q. Did you know where he negotiated those notes ? — A. N'o, sir. 

(,). Have you any imi)ression as to wheni he negotiated them .' — A. 
The history of the notes, as I obtained it i'rom him, is this: This note 
was paid. I presume it was paid here, although of that I am not cer- 
tain. I got that from the testimony, iiut tinding that he could not ob- 
tain a discount of the notes, he told \nv that he took them to Chicago 
and invested them there in real estate : and that is the last I ever heard 
of those notes. 

]>y Mr. TnuRMAN : 
Q. IIow long was that after he off"ered you a part of them ? — A. That 
was probal)ly some months. He left Washington, if 1 am not mistaken, 
shortly afterward. 

]}y Mr, Wilson : 

(}. He got Chicago property for them, did he not ! — A. That is what 
he told nic. 

(^>. Do you know of his getting jnoperty in Washington for tlic Chi- 

' ago property? — A. I only know tiial from an infimafion that was 

iroppcd l>y a gentleman from whom lir purchased that i)ro])eily ; and 

"y my pi'cvious knowledge of those notes I interred tliat the transaction 

\;is coiiiM-ct.i.il with the Chicago affair. 



I(j20 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Wlio was that gentleman ?— A. That was Major Wiles. 

Q. Where does he live t—X. In Washington. He is here now. 

By Mr. Thueman : 

Q. Was it real estate in Washington that he got?— A. Yes, sir. He 
made some sort of an arrangement by which he was to acqnire a honse 
on Fifteenth street, between H and I, I think. The way in which I knew 
that was tlirough Maior Wiles's telling me that Kirtland had bonght that 
honse and wanted it fixed up. We had done the plumbing there. Thieves 
had broken into the house and stolen the lead pipe. He said that he 
wanted it fixed up for Kirtland. Afterward 1 asked him, having some 
curiosity about it, if Kirtland owned that house, and he said the trans- 
action had fallen through. 
By Mr. Thurman : 

Q. He ultimately did uot get the house ?— A. That is it, sir. 

By Mr. Wilson : 

Q. Do you know of that money, or any portion of it, having gone, by 
some circuitous route, out of Kirtland's hands !— A. i^o, sir, I do uot. 

Q. You do not know what became of it other than this Chicago 
trade?— A, No, sir. . 

Q. Ho you know a man named Ira Holmes !— A. JN o, sir ; 1 never 
saw him. 

Q. You never saw such a man ?— A. Ko, sir; not that I know of. 

Q. Mr. Grayson, you say, is the father-in-law of Kirtland ?— A. Yes, 

Q. Do you know of his having any contract with the board of public 
^-orks ?— A. 1 have no knowledge on that point at all. 

Q. Have you any information that he had ?— A. I have not, but I am 
inclined to think that he has not. 

Q. Your testimouy thus far has been directed to the DeGolyer & Mc- 
Clelland contract, and some general questions asked you by Senator 
Thurman. Did Mr. Kirtland ever come to you in reference to another 
contract than the DeGolyer & McClelland f— A. I think that he once 
mentioned something ; he wanted some sort of a contract, but what it 
was 1 do not remember. It seems to me it was in regard to sewerage, 
but I am not sure. 

Q. Was it uot a paving contract?— A. I think not. 
Q. Was he soliciting your aid in the matter ?— A. Y"es, sir, he asked 
nie it I would uot help him. 

Q. When was that '?- A. I do not remember. It must have been the 
succeeding summer. 

Q. Did he give you any intimation in regard to that contract .^— A. 
No, sir. 

Q. None whatever?— No, sir; I told him that 1 thought he had bet- 
ter keep out of the contract business. 

Q. Where did he get this DeGolyer & McOlellan contract '?— A. I do 
not know, sir. I was not aware that the contract had been awarded, 
until, 1 think, Kirtland told me. 

Q. Who got it in possession ?— A. I do not know. 
Q. Have you any recollection of ever seeing it at your store?— x^. No, 
sir ; 1 do not think I ever saw it there. 

Q. Did you ever see that award ? I am not speaking of the contract.— 
A. No, sir ; I never saw the award. 

Q. You never saw that at your store?— A. No, sir; so far as I can re- 
member, 1 never saw it. I merely heard of it verbally. 



TESTIMONY OF WILLIAM G. MOORE. 1621 

By Mr. Thurman : 

Q. Did you ever see Parson Brown in your store? — A. Yes, sir; he 
would (;all in now and then. 

(^). While this thing- was goin^ on? — A. Yes, and afterward. 

Q. While the contract was being solicited? — A. Xo, sir; I saw him 
after that. 

Q. Uid you see him before? — A. Yes, sir; I saw him both before and 
after. 1 had no idea at all that he had any interest in the matter. 

By the CHAIRMAN: 
Q. What was he coming- in for afterward ? — A. Well, I thougiit may 
be he wasjust simply spending- a pleasant time here. 

By Mr. Wilson : 

Q. Whom was he talking with when he came down to your store I — 
A. Sometimes he came in with Mr. Chittenden, and sometimes Kirt- 
land, and sometimes droi)pe(l in and sat down, on a warm day, and 
wiped theperspiration from his l)row, exchanged a few words, and went 
olf. 

Q. AVith whom did he exchange words? — A. With myself, sir; I was 
the only one he knew. 

Q. lie always came to see you? — A. Yes, sir. 

Q. The first you knew of Mr. Chittenden was about February, 1872? — 
A. 1 think it was somewhere thereabouts; it was cokl weather. 

Q. Had you ever seen him before that timel? — A. No, sir. 

Q. Do you recollect who introduced you ? — A. I do not recollect. 

Q. Where were you introduced ? — A. At the store. I saw him quite 
frcipiently. 

Q. He came there often ? — A. Yes, sir. 

Q. Did you meet him at his room in the hotel? — A. Xo, sir. 

(}. Did you e\'er see him at the Arlington hotel? — A. No, sir. 

Q. lie always came to see you? — A. Yes, sir. 

Q. llow long was it after you became acquainted with him until he 
made these overtures to you? — A. That I could not tell very well. I 
do not know that I understood his business until I had known him 
some few weeks, perha])s. 

Q. Can you give the committee no more definite information than you 
have in regard to Avhat it was that Kirtland wanted of you when he 
sent for you to come to the hotel ? — A. No, sir; I cannot. I suppose 
that he was in rather a depressed condition, and I suppose it did him 
good to see an old friend. 

(,). What was there about it that made him nervous'? — A. The idea ot 
going- on the witness stand seemed to unnerve him completely. When 
I saw him he was lying down, and seemed to be ([uite unwell. He; told 
me that the fear of going on the stand had really made him sick; that 
he could not sleep at all. 

(^>. How had Mr. Mattingly found out that Kirtland was here ? — A. 1 
do not know. 

(}. Did he not inform you how he had ascertained that he was liere? — 
Xo, sir; lur did not. The trouble is that 1 cannot even rememl)er, as I 
have said, the day when 1 saw Mr. Mattingly. 

By Mr. TiiuuMAN: 

Q. Was Kirtland, when you saw him here, at the Ehbilt House, last 
week '. — A. Yes, sir. 
Q. Was he in any way disguised ? — A. Xot at all. 
(}. When you knew him first did he wear a beard ? — A. Yes, sir. 



LG22 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Moustache ? — A. Xo moustaclie ; a beard — side whiskers. 
Q. Not a chill beard? — A. ISTo, sir. 

Q. English whiskers? — A. Yes, sir; rather after the English style. 
Q. That is wheu you first knew him ? — A. Yes, sir. 
Q. Was he iu the same way here ? — A. Yes, sir; there was uo change 
in his personal appearance. 

By Mr. Wilson: 

Q. Do you know who else called on him while you were there I — A. 
No, sir ; while I was there uo one called. 

Q. Do you know who was at his room besides yourself? — A. No, sir ; 
that was the only time I saw him. 

By Mr. Stewart : 

Q. Did yon tell anybody that you had met him ! — A. I do not know. 

Q. Did you tell him to go to Mr. Shepherd ? — A. No, sir. 

Q. Did you see Mr. Chittenden there at Kirtland's room ? — A. No, sir; 
there was no one but myself. While I was there, there was a tap on the 
door, and Kirtland answered it, and the person went away. 

Q. Who was that person? — A. I presume it was — he said it was — Mr. 
Chittenden's counsel from Chicago. 

Q. Mr. Storrs ? — A. Mr. Storrs; I think that was the name. 

By Mr. Thurman : 
Q. Did not the governor know he was here?-^A. Not that I am 
aware of. The governor asked nie if I knew where he was. That was 
Friday week; I recollect that very distinctly ; I think it was last Fri- 
day week ; and he told me that he was very anxious indeed that he 
should appear before this committee, and asked me to ascertain his 
whereabouts. 

By Mr. Wilson : 

Q. Knowing the governor was solicitous to have him here, why did 
you not nrge him to come belore this committee '? — A. I didn't consider 
myself the conusel, sir. 

Q. Knowing that the governor desired to have him here, why did 
you not inform the governor that he was in this city? — A. I do not 
think I saw the governor for a day or two afterward. The governor is 
not in the habit of coming in the store very often. 

Q. Knowing that the governor was so very anxious to have him here, 
and knowing that Mr. JMattingly had given you information that he was 
in this city, and told you the room where he could be found, and uuder 
these circumstances of seciesy, why did you not give the governor infor- 
mation that he was here ? — A. As I stated, I was not the counsel of 
this gentleman ; and, iu the next place, Colonel Kirtland desired me to 
say nothing about it. 

Q. Knowing that the governor was anxious to have him here, after 
yon had seen him at this room, why did you not inform Mr. Mattingly 
that he was here, to the end that he might be brought before this com- 
mittee ? — A. Simply from the fact that Mr. Mattingly informed me that 
Mr. Kirtland was here. I did not get that information except through 
Mr. JMattingly. Mr. Mattingly hrst told me. I did not know positively 
that Kirtland was in town. 

Q. When did the governor inform you that he was so anxious to have 
this man here "? — A. I think that was Friday week; 1 am not sure. 

Q. Last Friday Aveek ? — A. Yes, sir. 

Q. Less than a week after the governor had given you this informa- 



TESTIMONY OF WILLIAM G. MOORE. 1G23 

tion, the connspl inforinod yon in this pecnliar way that Mv. Kirtland 
-was in this city ? — A. That he was in town, yes, sir; at the El)l)itt 
llonse. 

(^>. You (lid not feel yourself called upon to ,a,ive the coniinittee infor- 
mation that he was in this (-ity ? — A. 1 did not, sir. 

Q. Were you aware of the fact that tlie coinniittefe were strivinj? to 
get Mr. Kirthind ? — A. I was not aware of that fact; but I might 
infer it. 

Q. Did you not Ivuow, now, not by absolutely being here, but from all 
the surroundings, tluif the committee very much desired to get Mr. 
Kirtland here :' — A. 1 liad no donbt of that at all. 

Q. .Vnd you knew tlie governor wanted it t — A. Yes, sir. 

(J. Has the governor been in the store since you saw .Mr. Kirtland .' — 
A. Yes, sir. 

(}. How often do you see the governor? — A. Sometimes I see him 
daily for two or three days, aiul sometimes I may not see him for two or 
three days again. 

Q. How long after you saw Mr. Kirtland was it until you saw the 
governor f — A. 1 do not know. 

Q. Have you not seen him frequently since ? — A. Xot frequently ; but 
several times. 

Q. Why did you not tell him that you had seen Kirtland ? — A. 1 did 
not perceive any necessity for telling him so. 

Q. You knew that the governor desired to have him here ? — A. Y^es, 
sir. 

Q. Why did you not tell the governor ? — A. Kirtland had desired me 
to say nothing at all of his presence here in the city. 

i). And for that reason alone, and notwithstanding you knew the 
governor was so desirous to have him here, you withheld that informa- 
tion from him f — A. 1 did not impart that information to hini. 

By Mr. Bass : 

Q. Y^ou knew when Mr, Chittenden left for Chicago to take the 
award. You knew at the tinu> that Cliittenden got the award at the 
store, did you ? — A. Information was given me at the store ; yes, sir ; I 
think Kirtland told me. 

Q. Uow long was it after that before Kirtland came to the store with 
these notes and exhibited them to you? — A. 1 don't remember, sir; but 
it was a very short time afterward, 1 think. 

Q. And he informed you, did he, that the}' had come to him by ex 
press? — A. Yes, sir. 

(^. And that they had come from Chicago ; the notes were made by 
DeGolyer and McClelland 'i — A. Y'es, 1 saw the notes. 

(^. So that you knew how it was that Kirtland had possession of the 
notes ? — A. Yes, sir ; certainly. 

(}. \rou knew that they had come to him as compensation for services 
that he had rendered in getting this contract ? — A. Yes, sir; exac^tly. 

(i. Did you also talk with him then in regard to the 8lO,()()0 that 
Brown was to have ? — A. No, sir; I lu'vcr knew that Brown was to re- 
ceive ji cent until the fact was <leveloi»ed in the testimony, 

Q. Did not Brown, when he came to your store, complain with refer- 
enee to (Jliittenden having retained 8S,()i»0 of his money ? — A. No, sir. 

(^, Now, this 87li,(H>() notes, did you see all the notes '. — A. 1 thiidc I 
saw all of them. I Ihink that they were i)ointed out'; but I do not know 
that that was the amonnt. 

(J. .Vnd you declined to take half the notes ? — A. Y^es, sir. 



1G24 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Then you say be suggested that lie would convert tbe notes into 
money? — A. Yes, sir. 

Q. How long was it after tliat that he converted a note into $10,000 
of money and came back ? — A. I do not remember, sir. 

Q. Then he offered you part of that $10,000 f— A. Yes, sir. 

Q. Was anything said at that time with reference to the balance of 
the notes'? What did he say about the balance of tbe notes? — A. I do 
not think mucli was said about them. He merely said that he had failed 
to obtain the proceeds, and I think by that time he had come to the con- 
clusion that there was not much profit in those Motes. 

Q. Why so ? — A. As he found it difficult to negotiate them, from his 
statement. 

Q. What did he say about that ? — A. That was all he said, that he 
had found it difficult to negotiate the notes, and that he had got pay- 
ment of this one. 

Q. What did you say further to him ? What was the conversation 
about the negotiation of the notes? — A. That was about all; that I 
agreed with him that he would never get the money. 

Q. Did he at the time, or M^ere you also advised, at the time this con- 
tract was being procured, of the fact that they had invested $15,000 in 
getting Colonel Parsons to do some work also before the board ? — A. 
N^ot at all, sir. 

Q. You were a partner of Governor Shepherd's at that time ? — A. Yes, 
sir. 

Q. This $72,000 of notes had been exhibited to you, at Shepherd's 
store, as being the price which had been paid for obtaining a contract 
from Governor Sheplierd ? You knew that the award had been deliv- 
ered at Governor Shepherd's store"? — A. I did not know that, sir. 

Q. You knew it came through Governor Shepherd f Did you tell 
Governor Shepherd that you had seen this $72,000 of notes ? — A. Xo, 
sir. 

Q. Why did you not tell him ? — A. Well, I did not think it was 
necessary to tell him, sir. 

Q. You were his copartner in business ? — A. Y'es, sir. 

Q. Had a little interest in his honor ? — A. Yes, sir. 

Q. And his integrity ? — A. I had, sir, and I still have. 

Q. You kept that secret ? — A. Yes, sir. 

Q. Did you keep it secret from good or bad motives ? What was 
your motive in keeping it secret! If you were not to share, and did 
not contemplate any share, in the proceeds of that paper, 1 wish you 
would tell the committee why it was that you studiously secreted from 
Governor Shepherd the fact that a contract had been sold for $72,000. 
— A. There was no studious secretion about it. I never mentioned the 
matter to Governor Shepherd, and never thought it necessary to 
mention it to him. 

By Mr. Thurman : 

Q. Did it not strike you as rather a strange thing that upon a contract 
of that kind DeGolyer and McClelland could afibrd to give so large a 
sum of money? — A. Yes, sir. 

Q. You were a citizen of the District ? — A. Yes, sir. 

Q. And your relations with Governor Shepherd, who was vice-presi- 
dent of the board of public works, were very intimate, of course? — A. 
Yes, sir. 

Q. Although Governor Cooke was the governor of the District, yet 
the active man and the man of brains in the whole business was Gov- 



TESTIMONY OF WILLIAM G. MOORE. 1625 

ernor Sbeplicrtl, was he not ? — A. Well, witliout reflectiiift' on his col- 
lea,uucs, I shonhl say yes. 

C^). Now, (lid it never oceur to you that it would be pretty well to put 
the leadino- man of the board of public works on his guard in letting; 
contracts at such prices as they were lettiui;' theiu when the ('ontractor 
could allbrd to give such a large per cent, for the mere procuring of the 
contract ? — A. It did not, sir. 

Q. Did it never occur to yon that it would be very much more to the 
credit of the board, and very much to their credit, if they could get the 
Avork done at a low price, than if they had to pay such high prices l — A. 
Of course it would have been to the credit of the board to have obtained 
the work at the lowest possible price. 

Q. Knowing that it would reflect credit on the board, how is it that 
itjR'ver occurred to you to suggest to Governor Shepherd that the price 
tliat the board was fixing for this kind of work was too high ! — A. As I 
understood it, (and I am not very well informed as to the proceedings 
of the board,) they fixed a certain rate for that species of pavement, and 
all the contracts for that si)ecies of i)aveuieut were let at that rate. 

Q. Ves, but this DeGolyer & McClelland pavement was the oidy De- 
(lolyer & McClelland paveuieut that was laid ? — A. Exactly ; but it was 
what was called the treated woodeir pavement. 

Q. They did not put all wooden pavement at precisly the same 
price ? — A. They may or may not. On that point I am not informed. 

Q. If they did put all wooden pavement at the same price, still this 
Be Golyer & McClelland contract was a very large one, was it not 'I — A. 
I thiuk it was 200,000 square yards. 

Q. JMakiug 8700,000?— A. Yes, sir. 

Q. Xow that being case, did it never occur to yon that if DeGolj^er 
& ^McClcllan could lay that and make a profit, and yet i)ay so large an 
anujiint (or the procuring of the contract, that probably these other peo- 
l)le also could do the work tor less than 6;>.oO a square yard ? — A. It 
struck me as a very large bonus for the contract. 

(}. Yes, but it never occurred to you that it would be proper for you 
to put .Air. Shepherd on his guard ? — A. Xo, sir. 

Q. That never occurred to you, at air? — A. Xo, sir. 

Q. You say that you came to the couclusion that these notes would 
not be worth much ? — A. It struck me, as I have said, that giving notes 
quite so freely as that hardly indicated an ability to meet them. 

Q. Did you make any inquiry whether DeGolyer & McClellaiul were 
responsible if — A. I did not. 

Q. If they would not be able to meet the payment of $72,(K)0 in notes, 
did it never occur to you that possibly they would not be able to execute 
a contract for 8700,000 worth of work l — A. I do not think they did 
execute the contract. 

Q. \)u\ that occur to you.' — A. I do not know that it did, at the time. 

Q. Y'ou did not say auything to Governor Shepherd that you thought 
they were doubtful ? — A. No, sir. 

Q. How was it that you expected that these notes would be nego- 
tiated in Chi(;ago ? DeGolyer vS: JMcClclland were Chicago men. Did 
you expect they could be negotiated iiere .' — A. The eftbrt was not made 
to negotiate them here, so far as I know. 

Q. Did you understand that Mr. Kirtland had been to Chicago and 
bad tried to negotiate them there? — A. Yes, sir ; from what he in- 
formed me. lie said he had gone to New York, I thiidc, and also to 
Chicago. 

Q. lie tried to negotiate them ! — A. Yes, sir. 



1626 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. And conld not do it? — A. He could not. 

Q. Bid he never tell you that be had actually negotiated them at Chi- 
cago ? — A. No, sir; only to this extent. He received the payment of 
one note, as I have already stated, and then he told me that he had 
taken these other notes there and invested them in real estate. 

Q. At Chicago ! — A. Yes, sir. 

Q. Did he not tell you then that at that time DeGolyer & McClelland 
were responsible men "? — A. I think not, sir. 

Q. Did Chittenden tell you so '? — A. Not that I am aware of. 

Q. Are you not aware that Chittenden has testified that at that time 
DeGolyer & McClelland were responsible men "? — A, I did not read his 
testimony with a great deal of care, and I do not know whether I saw 
that in the part of the testimony that I have read. 

Q. You say you do not know anything about Mr. Huntington "? — -A. 
No, sir. 

Q. Was Mr. Huntington active in getting contracts? — A. I do not 
know, indeed, sir. I dhl hear his name mentioned perhaps once, and 
only once, in connection with this matter. 

Q. What kind of a contract was that? — A. That was simply in regard 
to this same contract I might have heard his name mentioned. 

Q. In any other contract, did you know of Hantington being inter- 
ested ? — A. No, sir. 

Q. Or working for any other contract ? — A. No, sir. 

By Mr. Bass : 

Q. How many times had you suggested to the governor, in your own 
way, the propriety or advisability of granting this DeGolyer & Mc- 
Clelland application ? — A. I do not think more than once or twice, and 
these gentlemen called often, as I have stated, and interrupted my 
business considerably. My only desire was to get a decision one way 
or another. 

Q. How recently, before the decision was made, had you spoken to 
the governor ? — A. Not for some time. 

Q. You were anxious to have the decision made to get rid of them? — 
A. That doesn't seem very kind, sir ; but I believe, honestly, that was 
the truth. 

Q. Were your relations annoying you so that you did not like to have 
interviews with them ? — A. No, sir ; but our business requires very 
strict attention, and I had charge of the books, and you can imagine 
that interruptions were not very pleasant. 

Q. And your relations to the governor were such, of course, that 
your suggestions to him would be apt to have some weight? — A. I do 
not think, in such a matter as that, they would have much weight. 

Q. You must have thought so at the time? — A. It was merely in ful- 
fillment of a promise. 

Q. Having spoken to the governor, probably because you supposed, 
or, at least, expected, to have some weight given to your request, then 
finding that $7:2,000 had been paid for it, did it not occur to you that 
this $72,000 had been paid over by reason of certain iutiueuce which you 
had exercised with the governor ? — A. I did not know that my name 
had been mentioned in connection with the notes. 

Q. But you had, at the request of these gentlemen, solicited the gov- 
ernor to give a favorable consideration to this application; and shortly 
after this request had been made by you, you learned that the contract had 
been awarded, and immediatel}' thereupon you found that $712,000 of 
notes had been paid. You were advised of that fact, and an offer made 



TESTIMONY OF WILLIAM G. MOORE. 1627 

to divide witli you, because of the fact that you had been iustrumental 
in procnriiia' it. All these circniustances being broui;ht to your knowl- 
edge, and the fact farther existing, that this award for 150,000 yards of 
pavement had not yet been located in this city, that there was yet time 
to stop the execution of this contract — all tiiese things cons])iring to- 
gether, did it not seem to you that you had been used to i)rocure this 
contract and obtain this 87li,000 ? — A. In the first place, 1 do not know 
that 1 was aware that no streets had been designated. In the next 
place, as to whether this otter of money was in consideration of my own 
influence, the inference is as you have stated it, luiquestionably. 

Q. You knew that was so, and, therefore, knew that these people 
thought they had bought your influence with money. You knew they 
thought so, whether you did or not. Did it uot occur to you that if 
they thought they had been buying your influence that if you did not 
agree with them it would be very natural for you to speak to the gov- 
ernor, and stop the execution of the contract ? — A. That 1 do not know ; 
they did not know me if they so thought. 

Q. Do you know what became of that $10,000 that Mr. Kirtland had 
and offered to divide with you ? — A. I presume he retained it and spent 
it himself I have no otlier information at all about that. 

Q. Did oMr. Kirtland have an interview with you with reference to a 
pa\ing contract of O'Connor «S: Shanley, which was, in fact, awarded 
to them to lay down twenty-five thousand yards of pavement? — A. No, 
sir; not that lean remember. I was iiot aware that he was at all in- 
terested in that contract. This is the first time I have heard of such a 
contract. 

Q. A contract granted to a firm in New Jersey, O'Connor & Shan- 
ley f — A. I do not thiidi I ever heard of those names before. 

Q. Did Mr. Kirtland, after the DeGolyer & McClelland contract, have 
interviews with you in reference to other contracts f — A. xVs I liave 
stated, he said something with regard to a sewer contract, as I under- 
stood it, and the subject diopped almost as soon as mentioned ; I told 
him that I did not know anything about it at all, and 1 did not wish 
to have anything to do with it. 

(^). There was one (juestion asked a while ago that you were proceed- 
ing to answer, and I thiidc you were interrupted. It was when you were 
answering with reference to the intimations that they made to you when 
they wanted your infiuence Avith the governor. \Yhat were the precise 
intimations ? What did they say 1 What did Colonel Kirtland say ? — 
A. Well, 1 do not know about Kirtland. I do not know that Kirtland 
nuide really any offer at all until the notes were received. But as to 
Mr. Chittenden, it was simply a sort of intimation that I could have an 
interest in that contract, as I understood. 1 may not be right. 

(,). What was the intimation that Chittenden gave ? — A. That was 
all ; Just that. He intimated that 1 might have an interest in the con- 
tract if obtained. 

Q. What interest? what proportion? — A. Nothing was specified. 
There was no definite proposition. It was just in that geiun-al way. 

Q. Wheie did your firm keep its bank-account ? — A. We have, ever 
sincc^ I have l)een in tiie establishment, kept our bank-account at the 
National Metropolitan I5aid<. 

<^ Have you had any other bank-account? — A. No, sir. 
Q. Did you have an individual bank-account? — A. I did not. 
Q. You had none separate from the linn ? — A. None at all, sir. 
Q. Did you have any business outside of that ? — A. No, sir ; no busi- 
ness outside of the establishment. 



1628 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 
Q. AVheie did Governor Shepherd keep ids individual bank-ac- 
count ? — A. I tliink at the N^ational Metropolitan Bank. I do not know 
much about his private business. 

Q. Did you ever keep a bank-account at the First National ? — A. ISTo, 
sir ; I think not. 

By Mr. Thurman : 

Q. Has your firm any of the sewer-bonds ? — A. I do not know that 
the firm has any sewer-bonds. We have a few bonds there, amounting 
to $550. Whether they are sewer-bonds or not I do not know. I do 
not know that I know a sewer-bond when I see it. 

Q. Have you any contractors' certificates — that is, certificates given 
by the government? — A. We have simply one given by the auditor. 

"Q. How much does that call for ?— A.' That calls for, I think, $3,090. 
I am not sure. 

Q. You. are speaking of what is in the present ownership of the firm ? 
— A. Yes, sir. 

Q. Has the firm had heretofore any of these sewer-bonds ?^A. Ko, 
sir; not that I know of. 

Q. Any of these auditors' certificates ? — A. No, sir. 

Q. Has either member of the firm had any that you know of? — A. 
Not that I know of. 

Q. What reason did you give to Colonel Kirtland for declining to take 
one-half of these notes when he offered them to you ? — A. I do not 
know that I gave any reason, excepting that I did not wish the money ; 
I did not state exactly what the real reason was ; but, upon reflection, I 
had concluded that it would not be proper, considering my relations to 
Governor Shepherd, to take a cent from any of the contractors. 

Q. That was the real reason ? — A. Yes, sir. 

Q. That had not occurred to you at first ? — A. Well, yes, sir ; it oc- 
curred to me, and I said so, originally, when the first proposition or 
intimation was made by Mr. Chittenden. 

Q. Nevertheless, they thought they owed you ? — A. Yes, sir ; I sup- 
pose they did. 

Q. Otherwise, they would not have offered it to you? — A. Probably 
that was so. 

Q. But, after thinking that they owed you, and supposing it was 
through your influence that they had obtained the contract, or, at least, 
that your influence had benefited their application, they felt bound to 
make you the ofler of one-half? — A I do not know what they felt bound 
to do, but the fact that they made the offer would justify that idea. 

Q. A man does not usually give away tliousands of dollars, or thou- 
sands of dollars of securities, without feeling under some obligation to 
do it ? — A. No, sir. 

Q. But you told them first that you would not take anything ? — A. 
I told Mr. Kirtland that I did not want any of his money. 

Q. You did not want any of that amount and wanted no compensa- 
tion, no remuneration of any kind? — A. That was it, sir. 

Q. Did not that astonish him ? — A. Well, he seemed somewhat sur- 
X)rised. 

Q. He never had met such a man before ? — A. I do not know ; but I 
have been in a position where I have had many ofl'ers made to me, and 
have been able usually to refuse them, invariably to refuse them. 

Q. Yes, sir ; but still he was a man who evidently thought that influ- 
ence was a thing that was good to have about the house and that he 



TESTIMONY OF WILLIAM G. MOORE. 1629 

was willing to ])ay for ? — A. Yes, sir; I thought that was his jiidgment. 

Q. And he supposed that he was dealing* with a man wlio realized 
that fact ; otherwise he Avould not have suggested your using your iulla- 
ence. ^ow, did he not express some astonish inent at this sudden revul- 
sion? — A. Xo, sir; I have stated, the circunistauces, so tar as I 
was connected with the papers at all. When he offered me these 
notes 1 declined to take tiieni, as 1 have stated, lie wanted me 
to keep half of them, I think it was. As I have stated, I have forgotten 
the exact amount. My im|)ressiou is that it was 8<J(),()(>(). In that 1 
may he in error. His proposition then was to go and negotiate tluuu, 
and he said that when lu' did it he would put half the procecfls to my 
credit. That was tlie proposition. You are aware of the rest from what 
1 have stated. 

Q. \Vhat did you tell him ? — A. I told him whenever he negotiated 
those notes, he could do as he said. 

Q. That he could put half to your credit ! — A. Yes, sir. 

Q. Well, then, you did not absolutely refuse? — A. When the $10,000 
was offered, I did. 

(). You did not take the notes, but then he said he would go and get 
them discounted and jnit half the proceeds to your credit ? — A. That 
was his proposition, to which 1 acceded. 

Q. You told him he could do as he said? — A, Yes, sir. 

Q. Then he had no reason to be astonished ? — A. When he offered 
me to negotiate the SlOjOOO I declined that, and afterward told him I 
did not wish to have any further connection with the matter. 

Q. Instead of the notes or the proceeds, did he suggest any other way 
of remunerating you "? — A. No, sir. 

Q. Never ? — A. No, sir ; not that I can remember. 

By the Chair:vian : 

Q. At the time he was to discount these notes and have them to your 
credit? — A. He said when he went to New York, expecting to negotiate 
them there, that he would put the proceeds iu some bank there. 

Q. And notify you ? — A. Yes, sir. 

By Mr. Wilson : 

Q. Do you know whether he put anything to the credit of anybody 
else ? — A. No, sir. 

Q. Did you refuse to take a share of that 810,000 because it was not 
enough ? — \. Not at all, sir. 

(},. You were willing to take your share of the notes when they were 
negotiated ; why would you refuse to take your share of the $10,000 ? — 
A. As I have already stated, I came to the conclusion, on reliection, that 
it would not be i)ro[)er, considering my relations with Mr. Shepherd, to 
have any further connection with the matter. 

By Mr. Bass : 

Q. Did he deposit any portion of the $10,000 to your credit ? — A. 
None, sir. 1 think that note was i>aiil here in Washington, and there 
was no deposit ever made to my credit, nor have I received a (;eut fiom 
the contract, or any other contract under the board of public works. 

JJy the Chairman : 

Q. What about that little note? — A. There was some small note he 
told me had been paid. I do not know whether he told meat tiic time or 
afterward. 

(^ \Nliat did he do with that ?— A. I do not know. 



1630 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. He (lid not propose to divide that with you ! — A. i^To, sir. I did 
not know that this note of $10,000 was paid until he came and told me 
it was piiid. 

By Mr. Bass : 

Q. After he had made this arrangement with Holmes in Chicago, and 
got rid of his note, did he come back and report in regard to what he 
had been compelled to do with the notes to realize anything on them ? — 
A. It nuist have been some considerable time after that that he came 
to Washington aud told me the disposition he had made of the notes, 
and I at ouce asked him if he had used my name in any real-estate trans- 
action, or any transaction about the notes, and I told him I did not 
wisb. to 

Q. He told you he had used your name ? — A. He told me he had not. 
I was a little anxious on that ])oint. 

Q. What did he esteem the real estate to be worth that he got for the 
notes "? What did he get for the notes beside f — A. He considered that 
he had an equivalent for the notes. 

Q. So?ne real estate and some horses "l — A. I do not know about 
the horses. What he spoke of was only real estate. 

Q. Was tlie subject talked over as to how he was to get the money 
on them ? — A. No, sir. 

By Mr. Thurman : 

Q. Do you know who owns that real estate now f — A. No, sir ; I know 
nothing about it except what I have stated. 

Q. Was there any corres]>oudence between you and Kirtland ! — A. I 
think about one or two letters, but they did not refer to the contract 
that I know of. 

Q. Have you any letters from him ? — A. No, sir. Those letters were 
written, 1 suppose, eighteen months ago, probably. 

Q. Have you any letters from Chittenden '? — A. No, sir. 

Q. Did neither of them ever give you auy writings at any time ? 

The Witness. Do you mean any written obligations 'i 

Mr. Thurman. Yes. 

A. Only to this extent: Mr. Kirtland gave me a memorandum of^ 
some of these notes, when he took them away to negotiate them. 

Q. What was the purport of that memorandum f — A. Simply, that 
he held notes to a certain amount, the proceeds of which he would 
deposit to my credit. 

Q. Have you that memorandum ? — A. No, sir ; I have not. 

Q. What became of it! — A. I destroyed it, I presume. 

By Mr. WiLSON : 
Q. When f — A. I do not know ; but mouths ago. Not recently. 

By .Air. Thurman : 
Q. About a mouth ago? — A. O, no, sir; it has been mouths ago. 

By Mr. Wilson : 
Q. How many months agof — A. I do not know. 
Q. About how many"? — A. It is im[)ossil)le to state. 
A. Was it six mouths ago ? — A. I presume it has been six mouths ; 
yes. 

By Mr. Hubbell : 
Q. Was it after the commencement of the session of Congress? — A. 
I think it was prior to the commencement of the session of Congress. 



TESTIMONY OF WILLIAM G. MOORE. 1631 

It must have beoii a considerable period prior to the comuieiiccinent of 
the sessiou of Congress, I think. 

By Mr. Thurman : 

Q. When you destroyed that, did you get any other thing ? — A. l^o, 
sir ; not at all. 

Q. Did you notify Mr. Kirtland that you had destroyed it ? — A. No, 
sir. 

Q. Did you notify anybody else that you had destroyed it 'i — No, sir. 

Q. Did an>l)tt(ly know that you had it ? — A. Not that I am aware of, 
exc<'pting- Mr. Kirtland. 

Q. Wliat induced you to destroy it? — A. I considered it a worthless 
]iaper. It was carried in my portembnnaie, and I found it there in look- 
ing over my papers. 

Q. Why (lid you consider it worthless ])aper ! — A. Because I had 
already said to Kirtland that I did not wish to have any further con- 
uection with the transaction at all. 

Q. When was it that you said to Kirtland that you did not wish any 
further connection with the transaction? — A. I think it was after he 
came back from Chicago ; after this real estate matter. 

By Mr. Tiiuk^ian : 

Q. Do you own any real estate in Chicago! — A. Xo, sir. 

Q. Have you never owned any '? — A. No, sir. 

Q. Neither directly nor indirectly ? — A. Neither, sir. 

Q. Who owns the house in Washingtou that Kirtlaud had ? — A. Major 
Wiles. 

Q. From whom did he obtain it ? — A. I think he built it. 

Q. Did he sell it to Kirtland ? — A. That was my understanding, that 
it was a s'ort of transfer for this Chicago property. 

Q. You understood that contract was afterward rescinded ? — A. Yes, 
sir. 

Q. So as to leave tlie Chicago property with Kirtlaud ? — A. To leave 
it as it was; yes, sir. 

Q. To put the parties in .statu quo ? — A. Yes, sir. 

Q. Do you know of any other real estate that Kirtland has ever i)ur- 
chased or become interested in here in Washington ? — A. No, sir; there 
was at one time a scheme ou foot with Kirtlaud and Brown and some- 
body else to buy some outside property here ; but I do not think they 
ever ac(piired it. 

Q. Do you know for whom Ilallet Kilbouru holds that pro[)erty in 
trust on West Fourteenth street t — A. No, sir. 

Q. Do you know anybody who is interested in the purchase of prop- 
erty hehl by him ? — A. No, sir. 

Q. Do you know of any jmrchase by your firm, or any member of 
your flriu, of pro[)erty out in the northeastern part of the city '. — A. No, 
sir. 

Q. Any on tlie Tiber '? — A. No, sir; Governor Sliepherd owns a row 
of houses down here ou Pennsylvania avenue and Second street. 

(^. Yes, bat fiuther up the Tiber t — A. I am not aware of any prop- 
erty in that direction owned by any members of the firm. 

By Mr. Ba.SS : 

Q. In whom did Kirtland take the tith' of this real estate .' — A. 1 do 
not ];now, • 

Q, J-)id he take it iu his own name .' Did you ever see the deeds? — 



1632 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

A. Ko. sir ; I never saw any papers in connection with it ; I never un- 
derstood the transaction, in fact, any more than I have stated here. 

Q. Do you understand that Mr. Kirtland was insolvent, and that there 
are judgments against him ? — A. I do not know his pecuniary condition. 
• Q. Did he say anything about that the other night? — A. JSTo, sir. 

By Mr. TnuRMAN : 

Q. What did you understand was Kirtland's business when he was 
here in 1872 ? — A. I did not understand that he came here on any par- 
ticular business. 

Q. He drove fast horses i — A. I think, that after he came back from 
Chicago he had this team of horses. 

Q. After he traded off the notes ? — A. Yes, sir. 

Q. What became of those horses ! — A. I do not know. I did not 
know they were his until after he left the city. 

By the Chairman : 

Q. In yonr interview Avith Kirtland the other day did you refer to 
these matters at all — yonr connection with them ? — A. ISTo, sir ; it was a 
very brief interview, and that was hardly mentioned. 

Q. Did you tell him that you had destroyed that paper ? — A. No, sir. 

Q. He did not ask you about it ! — A. No, sir ; I was interested to 
know where he had been and how he had kept out of the way ; and 
he stated that he first went to Wilcox's and then to the Washington, 
and then to the Ebbitt, where he had already changed his room twice, I 
think, he said. 

By Mr. Bass : 

Q. Did Kirtland receive any money while he was here this time ? — A. 
I do not know. He never intimated to me that he wanted any money 
and never asked for any. 

Q. You do not know who paid his bills ? — A. No, sir. 

By Mr. Wilson : 

Q. Did you drop any money about his room anywhere ? — A. Not a 
cent, sir. 

Q, Did he drop any around your store ? — A. Not at all, sir. I never 
gave him a cent directly or indirectly ; nor did he ask for money, or in- 
timate that he wanted any. 

By Mr. Thurman : 
Q. Did I understand you that it was at your store that Mr. Mattingly 
told you he was here ! — A. Upon that point 1 am not clear : but 1 think 
it was at the store. I am not sure on that point, however. 

By Mr. BASS : 

Q. Who was Governor Shepherd's other partner? — A. His brother, 
Thomas M. Shepherd, and his brother-in-law, Dr. William P. Young. 

Q. Have they been in this firm longer than you"? — A. Thomas M. 
Shepherd has been in the firm longer than myself. I think J^r. Young 
and myself entered the firm together. 

By Mr. Wilson : 

Q. Has he had any partners since 1871? — A. His brother, Wilraer S. 
Shepherd, was a partner up to the 1st of March, 1872, I think. I went 
In on the 1st day of .Vpril, 1872. 

Q. Was there not somebody else in partnership with him at one time, or 
in his employ, Avho has since left his employ? — A. No, sir; the origina 



TESTnrONY OF WILLIAM G. ^lOORE. 1633 

firm wns, I tliiiik, J, W, Tliompsoii cK: Co., and INFr. Sliepliord was one of 
the compaiiv. 

(). Who was tlie other.' — A. The other oue was AVilliain Thoini)son, a 
brother of J. W. Thompson. They both drew out, and tlien Alexander 
K. vShepherd was the tirin ; after that it was Ah^xanih'r II. Shepherd & 
Brothers; and since the 1st of April. 1872, Alexander 11. Shepherd & Co. 

By Mr. Thurman : 
Q. Thompson drew out soon after the war ? — A. Yes, sir ; I think 
about that time. 

By Mr. Wilson : 

Q. Did he not have a man in his em])loy who has since gone into 
business in this city on his own account '? — A. Not since I have been 
in the establishment. 

Q. Do you know any person who has been buying material for the 
board of public works who w^as formerly in the em[)loy of Governor 
Shepherd ? — A. No, sir. 

Q. Has any kind of material been bought for the board of public 
works through the house of A. R. Shepherd & Co. ? — A. Not that I am 
aware of 

By Mr. Hubbell : 
Q. Have you been doing work for the board of public works ? — A. 
No, sir. 

By Mr. Wilson : 

Q. Who did the gas-fitting for the board of public works ? — A. I do 
not know'. We have taken no contract whatever under the board of 
public W'orks. * 

Q. For any of these school-houses ? — A. I think the old firm had a 
contract to heat and do the ])lumbing and gas-fitting in the Jefferson 
school-house. 

Q. But you had no connection with that l — A. The conti'act was 
made by the old firm, and 1 think mostly completed by the new firm. 
That is my im])ression. 

Q. Do you know who did the plumbing, &c., about the Morrison 
budding where the board of ])ul)lic works keep their offices I — A. I 
think our firm did that. 

Q. ^Vhen was that done ? — A. 1 am unable to name the date, but it 
must have been, I should think, early in 1871, just after the new Dis- 
trict government went into oi)eration. 

Q. Do you know of any controversies about the bills in that case ? — 
A. No, sir. That was done also under the old firm. 

Q. You were in the employ of the old firm ? — A. Y'es, sir : but 1 do 
not renu'mber any controversies about that matter. 

Q. J)id you buy any material for the board of public work's in your 
individual capa<;ity ? — A. None whatever, sir. 

Q. Before you went into partnership with Mr. Shepherd :' — A. No, sir. 

By Mr. Thurman : 
(}. ])o you know of any members of the District legislature, either 
the council or the house of delegates, who have had any interest in con- 
tracts .' — A. No, sir. 

liy .Air. Bass: 
Q. Have you, since this investigation commem-ed, or within a few 
days, disclosed to Mr. Mattiugly or to the governor what your connec- 
103 D T 



1634 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tiou with the contract mentioued was? — A. I did meution to Governor 
Shepherd Friday week. 

Q. A week ago Friday f — A. Yes, sir. 

Q. Was that the time he asked you about Kirthind? — A. Yes, sir. 

Q. You told liim all these facts? — A. He asked me what interest I 
had in Kirtland, if I had any, and I frankly told him what I told this 
honorable committee. 

Q. How came he to suspect that you had any interest in Kirtland f — 
A. I do not know; it was a brief conversation that took place in the 
store after the close of your investigation for that day. 

Q. When he asked you what interest you had in Kirtland, what was 
your answer ? — A. My answer was that this offer had been made in 
regard to the notes, and that 1 was committed to the arrangement that 
one-half of the proceeds should be deposited to my credit : but that I 
had never received a cent from that or any other contract under the 
District government. 

By Mr. Thurman. 
Q. Is this man Wilcox a clerk in one of the Departments ! — A. I be- 
lieve he is a clerk in the Post-Office Department. 

By Mr. Hubbell : 
Q. What did Governor Shepherd say to you when you told him that ? — 
A. I do not think he said anything, for about that time, if I mistake not, 
somebody came in, and we separated ; I went to the rear of the store 
and he went out. 

By Mr. Bass : 

Q. There has been nothing said on that subject since ? — A. Xo, sir ; I 
think not. 
The committee at this point adjourned. 



Wednesday, A^ml 29, 1874. 
The committee met pursuant to adjournment, and, without transact- 
ing auj' public business, went into secret session. 

Edward B. Grayson sworn and examined. 
By the Chairman : 

Question. Do you know A. B. Kirtland f — Answ^er, Yes, sir. 

Q. When did you last see him ? — A. About seven or eight days since. 

Q. Where? — A. I saw him at the Washington House. 

Q. How long was he there? — A. He was at the Washington House, 
I think, about a week. 

Q. Do yon know^ where he is now ? — A. No, sir. 

Q. Didhe tell you where he was going ? — A. No, sir. 

Q, How long a time did you spend with him ! — A, 1 think it was a 
week ago last Tuesday, I was with him probably for an hour, 

Q. What was he doing there ? — A. He was in his room. He had been 
sick, and was not particularly engaged. 

Q. How did you tind out that he was there? — A. When he first came 
to the city, he came to me and told me that he would be there. 

Q. Did he tell you whom to call for when you came there ? — A. Yes. 

Q. Whom did he say ? — A. He registered by his Christian name — 
" A. Buchanan f that is his middle name. 



TESTIMONY OF EDWARD B. GRAYSON. 1G35 

Q. What was the numl)er of lii.s room there ? — A. Number 47. 

Q. Did you liud au\ body else there when you went there ? — A. ISTo, 
sir. 

Q. Was that tlie otdy time you saw him ? — A. Xo ; I was there several 
times. The last time I saw him was about a week a.yo ; I think last 
Tuesday or Wednesday a week. 

Q. Has he been to your room since that time? — A. No, sir. 

Q. Did he leave anything for you to do for him here? — A. He sent 
me a note to get his baggage and keep it until be would see me. 

Q. Wlien did he send that note? — A. The note came to me, I think, 
last Monday. 

Q. ]\ronday of this week ? — A. Yes, sir, I think so. 

Q. Where was it sent from ? — A. From Georgetown. 

Q. Where ? — A. Xo particular place ; just simply Georgetown. 

Q. Who brought the note to you ? — A. It came by mail. It did not 
say where he would be, or where he was. 

Q. Did he say anything to you about paying his bills ? — A. Yes, sir. 

Q. What did he say about that ? — A. lie reipiested me to pay it, 
which I proceeded to do, out found it a lai-ger amount than I expected, 
and paid it in part, and said I would call around and pay the balance. 

Q. Is his baggage still at the Washington House ? — A. Yes, sir, a 
small quantity of baggage — a carpet-bag. 

Q. Did he inclose you money to pay the bill ? — A. Yes, sir. 

Q. How much did he inclose to you ? — A. Twenty dollars. / 

Q. That was not enough ? — A. No, sir, / 

By Mr. Bass : ,/ 

Q. Where is that note? — A. I tore it up. 
By the Chairman : 

Q. How was it signed — Kirtland or Buchanan? — A. Simply "A. B." 
There was fiothiiig in it excei)t that' he wanted to get his baggage. 

Q. You knew, of course, that he was wanted before this committee ? — 
A. Yes, i understood so. 

Q. What did he say to you about that ? — A. Well, he said that he was 
here and was consulting with his friends, or something of that kind, to 
know^ what course to pursue. I expected that he would be before the 
committee. His health has been very bad, and I do not know but that 
may haAC something to do with it. 

Q. What friends ? — A. He did not si)ecify any. 

Q. Did he say that he had concluded to come before the commit- 
tee? — A. No, sir. 

Q. Did he say his friends advised him not to ? — A. No, sir. 

Q. What did you advise him .' — A. I advised him to rei)ort to the 
committee. 

Q. Did he tell yon wiiat he would be likely to testify to ? — A. No, sir. 

Q. Did you know what his business was here two years ago ? — A. Yes, 
sir; that is, I kiu)w that he was engaged in making application for a 
contract for this tirm. 

Q. Did you know who were engaged with him in that work ? — A. Yes, 
sir; 1 understood that Mr. Chittenden was. 

Q. Anybody else '' — A. A Mr. Brown. 

Q. Anybody else ? — A. No, sir ; not that I know of. 

Q. Di<l you know upon whom he was relying here to secure that con- 
tra<;t ? — A. No, sir. 

(}. Did you know Mr. Moore ? — A. Yes, sir. 



1636 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did he tell you that he was in consultation with Mr, Moore ? — 
A. No, sir ; not upon that subject — not upon the subject of any con- 
tract. J knew that he was acquainted with Mr. Moore, and had seen 
him tVoui time to time, but I never understood that he was consulting 
Mr. iMoore on the sul)ject of any contract, 

Q. Were his relations friendly with Mr. Moore 1 — A. O, very, sir. 

Q. How lon<i" had they been so ? — A. For years. It was an acquaint- 
ance that sprang- up during the war ; but at that time he was herein 
the ser\ice of the (Tovernment in the Army. 

Q. Where do you reside 1 — A. I am residing here in Washington for 
the present. 

Q, What place in the city '? — A, 350 Missouri avenue, 

Q. Are you in en)[)loymeut here ! — A. I am now temporarily employed 
in the Post-Office Department — the city post-office. 

Q. What do you do ? — A. I am connected with the money-order mat- 
ters in the city office. 

Q. How long liave you been employed in that capacity ? — A. I have 
been there since the 1st of December. 

Q. Where were you before? — A, I was here in Washington unem- 
ployed. 

Q. Through whose influence did you get this place? — A. Through Post- 
master Edmunds. 

Q. What time were you served with a subptena ? — A. Abont 10 o'clock 
last night, I think, 

Q. Are you boarding at this place that yon speak of ? — A. ISTo, sir; I 
have a room there. I take my meals at the St. James. 

Q. Are there any other persons rooming there ? — A, Yes, sir. 

Q. Who ? — A. I do not know them, sir. Most all the rooms are occu- 
pied, but I am not acquainted with any of the parties, 

Q, You have no family, I believe f — A, No, sir; my wife died some 
years ago. 

Q. Did you see anyone last night after you were subpteuaed! — A. 
No, sir; I did not leave my room. It was very late. 1 was about going 
to bed when I was subpoenaed. 

Q. No one called upon you afterward ! — A. No, sir. 

Q. You spoke to no one aiterward? — A. No, sir. 

Q. Did yon speak to any one this morning? — A. Yes, sir; I spoke tp 
Colonel Wilcox, who was in the same buikling with me. I met him and 
told him that I had been snbptenaed. 1 told him I was then on my way 
to come. I told him I had received the subpcena last night. He then 
told me that he had been here. 

Q. You know Mr. Wilcox? — A, Yes, sir. 

Q. Y'ou know him well? — A. Yes, I know him pretty well. 

Q, Did he tell you what he had testitied to before the committee? — A. 
No, sir. 

By Mr. Wilson : 

Q, How long have you lived in W^ashington ? — A. Well, sir, I have 
been living in W^ashington off and on for twenty-ftve years, 

Q. What has been your occupation prior to going into this ])OSt- 
office ? — A, I have had no particular occupation. Washington has been 
my old home, and 1 have remained here expecting to get some employ- 
ment, and have succeeded in doing so. 

Q. Have you had no employment at all until this time? — A. O, yes; 
I was in the employment of the Government for some time, but I have 
not been for several years. 



TESTIMONY OF EUWAKD P.. GRAYSON. 1637 

Q. What-liave you been doiiiu- for several years past ?— xV. Well, 
iiotl)in<>: partieuhuly, sir; lieiieral matters. 

Q. What seiierariuatters ? — A. Wliatever came to hand to do; claims 
and other matters of business before the Departments, such as 1 could 
get hold of. 

Q. AtteiKlinj:^- to business matt(n-s before the Departments ?— A. Yes, 
sir. 

Q. What is the character of that business '?— A. As an agent ; what- 
ever mijiht come forward. 

Q. Are yon and Mr. Kirtland interested tooether in any case before 
the Departments ? — A. No, sir. 

By the Chairman : 

Q. What Indian claim was it that Mr. Kirtland liad ?— A. That was 
a matter that 1 had foriiotteu to mention. He was interested in a move- 
ment that 1 had made on the part of the Government to show cause 
why the Government should not pay a certain amount of nH)ney to the 
Choctaw Indians; that the claim was baseless. It was through Mr. 
Kirtland's instrumentality that 1 was introduced and made known to 
the Secretary of the Treasury. 

Q. Was that claim stoi)i)ed through your intluence? — A. Yes, sir. 

Q. With Secretary Boutwell ? — A. With Secretary Boutwell. 

By Mr. Wilson: 

Q. How did you get your compensation for that ? — A. I never have 
got any yet. 

Q. \Vhat arrangement have you for that? — A. There was an under- 
standing that the Secretary would pay for the information furnished. 

Q. What were you to be paid ? — A. It was contingent upon the show- 
ing as to the justice of the claim, and the rate was, 1 think, 10 per cent, 
upon the amount. 

Q. What was the amount of the claim ? — A. The claim was for 
62,300,000 — upward of that: but the compensation was to be simply 
on the bond, 8250,000. 

- Q. How did Mr. Kirtland happen to get into that arrangement ? — A. 
He had come with a gentleman named Page; it was through him. 

Q. Who is Page ? — A. Nathaniel Page, a lawyer here in this city. It 
was through him that he gained access to the Secretary of the Treasury. 

Q. Was he of the firm of Dent & Page ? — A. Yes, sir. 

Q. It was in that way that you became interested in it f — A, Yes, sir; 
through that channel I was brought into contact with the Secretary of 
the Treasury, and made kno^'u to him the character of that claim, that 
it was baseless and had no merit. 

By the Chairman : 

Q. Y'ou had examined that claim thoroughly, had you ? — A. Yes, sir. 

Q. And you were of the o[)ini()n that it was a fraudulent claim ? — A. 
Entirely ; yes, sir. 

Q. The claim was stopi)ed "i — A. Yes, sir ; the bonds are now suspend- 
ed. The Solicitor of the Treasury made a report, embracing the entire 
subject, exhaustively, on the merits of that claim. 

Q. ]>id you i)repare that ? — A. I did not propose it, but I furnished 
the data upon wliich it was made, ami it is now before Congress. The 
report was made to the Forty-second Congress by diivction of the Sec- 
retary of the Tieasury, and by lh«> Solicitor submitted to him, ami he 
transmitted tlie reportof Mr. Banlicld to Congress about tlu' (!th of Jan- 
narv, bs7"J. It shows the whole character of the claim Irom the begiu- 



1638 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ning to the end; and how it is possible for Conjjress to entertain any 
proposition to pay any proportion of the claim with the facts stated, I 
cannot see. 

By Mr. Wilson : 

Q. Passing- from that back to the matter which is immediately before 
the committee, where were you to send Mr. Kirtland's baggage ? — A. I 
was to keep it until I saw him. 

Q. Where were you to keep it ? — A. At my room. 

Q. When was he to see you ? — A. He did not specify any time. He 
wanted me to keep the baggage until he called for it. 

Q. Have you denied that you were at the Washington House to pay 
his bill ? — A. No sir. 

Q. To nobody ! — A. No, sir. 

Q. Not even to-day ? — A. No, sir. 

Q. Did anybody inquire of you in regard to that? — A. No, sir. 

Q. You have had no conversation with any person on that subject ? — 
A. Not at all, sir. 

Q. You say there was nobody at your room last night after the sub- 
poena was served upon you ? — A. There was not. 

Q. Whom did you see before the subpoena was served upon you? — A. 
I was at the office seeing the persons with whom I am engaged in busi- 
ness. 

Q. At your room, whom djd you see ? — A. No one, sir. 

Q. Nobody there? — A. No, sir. I had been up to the city, and I got 
to my room about 9 o'clock. 

Q. Did anybody bring you some papers last night? — A. No, sir. I 
spent the evening mostly with a friend from Arkansas at No. 510 Thir- 
teenth street, and remained there, and got to my room I think a little 
after 9 o'clock. 

Q. Who was that person with whom you spent the evening ? — A. It 
was Mr. Lanergau, of Fort Smith, Ark. 

Q. Do you know with whom Mr. Kirtland has been in consultation 
since he lias been in this city? — A. No, sir; no other that I know of, ex- 
1 cept Mr. Wilcox. They have been old friends. He called there to see 
him. 

Q. Did you see anybody at Mr. Kirtland's room? — A. No, sir; no 
one but Mr. Wilcox. I saw him there once. 

Q. What time did you see Mr. Wilcox tliere ? — A. Probably some ten 
or twelve days ago. 

By the Chairman : 

Q. Did you see him there last Sunday a week ? — A. No, sir ; not on 
Sunday. 

Q. Were you there last Sunday a week? — A. I think very likely I 
was ; I do not recollect. 

Q. Were you there on Monday week ; was it Monday week that you 
saw Wilcox there? — A. I think possibly; I cannot recollect exactly 
the time; it was some ten or twelve days ago. I only saw him. there 
once. I called to see him (Mr. Kirtland) very frequently ; he is my son- 
in-law. 

By Mr. Wilson : 
Q. Have you had any interest in contracts in this city ? — A. Not one, 
sir. 

Q. Have you assisted anybody in procuring any ? — A. No, sir. 
Q. Directly or indirectly ? — A. Not directly or indirectly. 



TESTIMONY OF EDWARD 1^. GRAYSON. 1G39 

Q. Are you now unable to ^ive this committee any idea as to where 
'Sh: Kiithind can be found? — A. I cannot do it, sir ; I have no idea 
wliere he is. I do not think he is in the District. 1 tliink hemusthave 
left before this. 

Q. Now, sir, I desire that you shall state to this committee, withhold- 
in<4' nothiu"', all you know in regard to Mr. Kirtlan<l's wheieabouts. — A. 
Well, I luive already stated that I do not know anythin.<»'. 

Q. Do you know whether he has left this city or not ? — A. I do not, 
sir. 

Q. What is your impression about that ? — A. Well, sir, my impres- 
sion is 

Q. Now, sir, I want you to understand distinctly the fpiestion I put 
to you, ami the form in which I put it. I want you to state to this com- 
mittee, without any evasion or reservation, withholding" nothing-, all that 
you know in regard to Mr. Kirtland and his whereabouts. — A. Well, sir, 
simply, 1 know nothing. 

Q. Is there any understanding upon his i)art, so far as you know, that 
he should keep himself concealed '? — A. Well, sir, he was — there was not 
any concealment. He was seen here in his room, I do not know 
whether he was pursuini^ any concealment. He went about when he 
was able to get out. 

Q. Was there any understandino' between him and you that you were 
not to know where he was ? — A. No, sir. 

Q. Nothing- of that kind? — A. I was \vith him every day at the 
Washington House ; and after we separated 

Q. Now, sir, the relations between you and Mr. Kirtland were of 
somewhat an intimate character, and I want to know, without any sort 
of withholding of anything, all you know in regard to Mr. Kirtland's 
whereabouts, or why he is absent from this city. — A. Well, sir, 1 say 
that I do not know where he is. My impression is that he is not now 
in the District, but I do luit know where, and, in fact, I do not know 
that he has left the District; nor do 1 know that he is not here. 

Q. You found him under an assumed name, did you not ? — A. He 
told me that he was registered in that name. 

Q. You found him under an assumed name ? — A, Yes, sir. 

Q. Did that excite your curiosity f — A. Well, it did ; but he said that 
he wanted to l)e there, and it was none of my business to question him 
to know anything about his motives. 

Q. Did you have no sort of conversation with him in regard to why 
he was there under an assumed name ? — A. As I'said pi-eviously, I think 
he was there to consult with his friends. 

Q. That is not the question 1 asked you. I want to know whether 
you had any conversation with him on that sul>ject. — A. Ti)at he did 
not want to 

Q. I'lease answer the question I put to you. I want to know whether 
you had any conversation with him on that subject. — A. I have no recol- 
lection of any ; only so far as that he did not want to api)ear before the 
committee until he consulted with a lawyer. 

(^. AVliat hiwy(u- was lie going to consult? — A. I do not know. [ 
think he had an id<>a tlnit inasmuch as Mr. Chittenden was consulting 
Mr. Storrs, he had the idea of seeing Mr. Storrs. 

Q. Did he not tell you that he was going to consult with Mr. Storrs ? — 
A. I think he did say something of that sort. 

Q. Did he not tell you that lie was going to consult with Mr. Storrs? — 
A. No, sir, he did not say that he was going to do so: but lie .said that 



1640 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

lie was — that be had entertained an idea of seeing a lawyer, and that 
Storrs had been engaged by Chittenden. 

Q. Did he not say that as Mr. Storrs had been engaged by Mr. (Chit- 
tenden, he would <;onsult with Mr. Storrs also? — A. That he might do 
so; but he made no — he inl'ornu'd nje of no determination. 

Q. What was he going to consult with Mr. Storrs aboutf — A. J douot 
know, sir ; probably the same motive that Mr. Chittenden had in con- 
sulting with Mr. Storrs. 

Q. Do you know whether he w^as at any other hotel in this city? — A. 
No, sir. 

Q. Hav^e you any information upon that subject? — No, sir; none at all. , 

Q. None whatever? — A. None whatever, sir. 

Q. What day did he get to Washington? — A. I think he must have 
got here the 14th or 15th or 16th of the month; the 15th or 16th, I think. 

Q. Do you know where he was in Georgetown? — A. No, sir; he 
simply dated his note in Georgetown, and there was no place specilied. 

Q. Where is his wife now I — A. She is on the farm near the village 
of Greenbush, near Albany, N. Y. The farm is about a mile and a 
quarter from the capitol of the State. She is there with the children. 

Q. And you are entirely unable now to give the committee any in- 
formation as to where Mr. Kirtland can be found? — A. 1 am, sir, en- 
tirely. 

Q. You yourself would not know where to go to find him ?— A. I 
would not, sir. 

By the Chairman : 

Q. Have you not some impression that he is in Georgetown, inasmuch 
as. you got that note from there? — A. He may be there. That is the 
only reason I have to think so ; but I do not know. If he is there, where 
he is. 

Q. What day was it that you got that note? — A. I got it, I think I 
said, last Thursday or Friday, a week ago. 

By Mr. Wilson : 
Q. When did you go and pay his bill? — A. I was indisposed, and I 
did not go to the office on Saturday. 1 recollect, now, the note came to 
me Saturday morning, but I was not there. I was sick that day, and I 
did not get it till the Monday morning following, I should have got it 
on the 24th, I recollect. I recollect now that it was written from George- 
town on the -!3d, and I should have received it on the 24th, but I was. 
sick on the 24th, it being— Saturday was the 25th. It was written 
on the 24tlj, in Georgetown. I should have received it, if 1 had been 
at the office, (as n>y letters are put on my <lesk,) on Saturday morning: 
but I was sick, and did not go to the office until Monday morning, and 
did not receive it until Monday morning. 

By Mr. Bass: 

Q. Did it go through the regular course of mail ?~A. Y'es, sir. 

Q. Post-marked? — A. Yes, sir — "Georgetown." 

Q. Have you any relative in this city? — A. No, sir. 

Q. In Georgetown ?~A. No, sir. 

Q. Have you any friends in Georgetown? — A. Yes, I have vsome 
friends there. 

Q. Has Mr. Kirtland? — A. No; I do not know that he knows any one 
in Georgetown. I have some friends that 1 had known in former years, 
whom 1 have not seen for a long time. 



TESTIMONY OF IRA HOLMES. 1641 



The conimitee reassembled at 2 o'clock, p. in. 

Ira Holmes sworn and examined. 

By the Chairman : 

Question. Where do you reside ? — Answer. In Chicago. 

Q. What is your business? — A. 1 have been president of the Manu- 
facturers' National Bank — in fact, I presume, I occupy that position 
now. 

Q. Do you know those tive notes? State to the committee when you 
first saw them or any of them. — A. Here are two notes, one for 810,000 
and one for $4:,r)()(), that I think I saw about the od or 4tii of August, 
1872. I see they were entered on our books on the 5th, and I believe I 
was a day or two negotiating before I purchased them. 

Q. You purchased those two notes? — A. Yes, sir. 

Q. Of whom ?— A. A. B. Kirtland. 

Q. Where did you purchase them ? — A. In Chicago. 

Q. What did you pay for them ?— A. $12,000. 

Q. In mouev ? — A. In money. 

Q. Not in checks ?— A. A draft on New York for $10,000 and $2,000 
in currency. 

Q. Did you see, at that time, any of the other notes ? — A. No, sir ; I 
did not. 

Q. How did you come to know jNlr. Kirtland ? — A. He came into my 
office and asked me if I would buy this paper, and I told him I would 
if he could be properly identified ; aiul I sent my cashier with him to 
Mr. Chittenden, wliom he said he knew, and T knew very well. They 
returned. They had bad some conversation with Mr. Chittenden, and 
I was not fully satisfied that Mr. Kirtland had authority to sell those 
notes, or was the proper owner, and I then took charge of the matter, 
and that evening I went and took the tw^o notes and went to see Kobert 
McClelhuid, personally, and asked hin\ if this was his paper; if Kirtland 
had a right to sell them ; if the paper was all right, and would be paid. 
He said to me: this man ought not to have this paper in the Chicago 
market ibr sale; but it is all right, it is my paper, and will be paid on 
maturity. On that 1 bought the notes. 

Q. Were those two notes paid at maturity? — A. They were not. I 
judge that those are the two notes, because I see they are marked 1G12 
and Kilo. The notes read as follows : 

$4, r)00,Gt).7r>— 4, 569. 75. CniCAGO, Juhj 1, 1872. 

For valiU! received, three inoutlis after date wo promise to pay to the order of our- 
selves four thousand live hundred dolhus, at , with interest at the rate of six per 

cent, per annum. 

Due Oct. 1-4, lf^72. 

DioGOLYER & McCLELLAND. 

Indorsed on hack : Pay Geo. F. Baker, esq.. Cash., or order. .J. H. Holmes. (Canceled.) 

jAMAitv -Jl, 1'574.— Paid liftecn hundred twenty-four .and i^^ dollars. SI,524.i^J^j-. 

DkGOLYER & McCLELLAND. 
Internal-rev(.'nne stamps, cauceled. 

Indorsed (on face:) Protested forTnon-pa.N nient, Oct., 1872. R. Ileber Lebagh. 
Sfam2)ed — Mannfiictnrers' National 15anU, Chicaj^o, Oct. 4,1872. 



1642 AFFAIRS IN THE DISTRICT OF COLUMBIA, 

$10,000, 205— 13!10,205. Chicago, JtiJi/ 1, 1872. 

For value received four mouths after date we promise to pay to tbe order of our- 

cselves teu tbousaud dollars, at , with interest at the rate of six per ceut. per 

auuum. 

degolyer & McClelland. 

Due November 1 — 4, 1872. 

Indorsed: DeGolyer tfc McClelland. 

Internal-revenue stamps canceled. 

Pay Geo. F. Baker, esq., Cash., or order. J. V. Holmes. Canceled. 

$10,000.00, 461.66—10,461.66. Chicago, July 1872. 

For value received, nine months after date we promise to pay to the order of our- 
selves ten thousand dollars, at , with interest at the rate of sis per cent, per 

annum. 

Due April 1-4, 1873. 

degolyer & McClelland. 

Indorsed: DeGolyer & McClelland. (Canceled: J.A.Holmes. Canceled: Pay J. 
A. Holmes, or order. For collection for the Chatham National Bank of New York. 
Geo. M. Hard, Cashier.) Pay H. C. Swain, casb'r or order. W. D. Buchanan, Vice 
President. Revenue-stamps canceled. 

$10,000, 461.66—10,461.66. Chicago, Jiihf 1, 1872. 

For value received, nine mouths after date we promise to pay to tbe order of our- 
selves ten thousand dollars, at with interest at the rate of six per cent, per an- 
num'. 

Degolyer & McClelland. 

Due April 1-4, 1873. 

Indorsed : De Golyer & McClelland. 

Pay H. C. Swain, cashier, or order, for account of Manufacturers' National Bank of 
Chicago. 
Canceled: J. A. Holmes, cashier. 
W. D. Buchanan, Vice-President. 
[U. S. revenue-stamps canceled.] 

$10,510.33. 

Chicago, December 14, 1872. 

For value received, on the fifth day of May, 1873, after date we promise to pay to 
the order of ourselves ten thousand five hundred and ten dollars and thirty-three 
cents at , with interest at the rate of sis per cent, per annum, after due. 

Due . 

degolyer & McClelland. 

Indorsed, DeGolyer & McClelland. 

Q. When did you see the remainder of the notes ? — A. I think it 
must have been about the first of October, 1872. It may have beeu in 
Sejitember. 

Q. In September or Octobi'r you saw the remaining three notes? — A. 
Yes, sir, and several others. One of these notes I did not see, because 
it was not made until December 14th, but two of them, and two or 
three other notes which have been canceled and given up, I saw in Sep- 
tember or October, I should say, because I see tliey Avere discounted at 
the bank October 15 and 19, and I had possession of them iierson- 
ally for some time before that, myself. 

Q. Do you mean possession of them, or were you the owner of them ? — 
A. I owned them. 

Q. Before"? — A. Yes, sir. 

Q. When did you first own them? — A. From this entry is all I judge. 
By that it was in September or October that I bought them from Mr. 
Kirtland. 

Q. What amount did you purchase of him ? — A. T bought at that 
time $55,000. 

Q. Where was that transaction ? — A. That was in Chicago. 



TESTIMONY OF IKA HOLMES. 1643 

Q. Describe the notes tliat von bonjilit of liim at that time. — A. 
"Due April 4th, IST.'i .$10,461. 0(5;" tiiat was slO,()0() and interest. 
" Due November 4th, 187L\ 810,210.^' '- Due December 4th, eiO,L'r)l».9<)." 
"Due J)ecember 4th, 810,251).<)()." "Due April 1st, $10,401. «(>;" and 
cue of $5,000, due February 17th. 

Q. That was live notes of $1(^,000 each ?— A. Five notes of $10,000 
each and one note of $5,000. I want to say here that I bonjifht one 
$10,000-note, and then subsequently bought the $45,000 several days 
afterward. 

Q. WJu^n did you buy that $10,000-note?— A. It was, I should judge, 
in fSei)tember, or the 1st of October. I can give you those figures ex- 
actly, because deeds and papers that I passed at that time will show 
the exact dates. 

Q. Have you those deeds and i)apers with you? — A. I have not ; they 
are matters of record, though, at Chicago, and I can give you the exact 
dates. 

Q. Of whom did you purchase that $10,000 note ?— A. Mr. A. B. 
Kirtland. 

Q. Where ? — A. In Chicago. 

Q. What did you pay hiiu for it ? — A. A house and lot on Michigan 
aveime, near Twenty-fifth street, subject to a $(5,000 incumbrance. 

Q. Did vou make him a deed for the lot ? — A. I did, to his wife. 

Q. To Mrs. A. B. Kirtland ?— A. Yes, sir. I had a contract for the 
house and lot coming from Brian & Philpot. I had not the deed of it, 
and when 1 made this trade Mr. Plnl[)ot deeded the property directly to 
A. B. Kirtland's wife. 

Q. xind that satisfied the$10,000-note ?— A. That satisfied the $10,000- 
note. 

Q. Then you subsequently, a week afterward, or within a few days 
afterward, purchased $45,000 worth ? — A. Yes, sir. 

Q. What did you pay him for the $45,000 worth !— A. $5,000 iii cash, 
$5,000 in five or ten days, $5,000 m ten or fifteen days, making $15,000 
in cash, and 300 feet of land on the corner of Forty-second street and 
Wabash avenue, subject to an incumbrance of $15,500. 

Q. You paid him, in cash, $15,000 ? — A. Yes, sir; I represented that 
proi)erty as having only $15,000 incumbrance upon it, and I was to give 
him $15,000 in cash. I ascertained, when I came to look at my papers, 
that there was $15,500 incuml)rance, but 1 paid him the $500 that 1 had 
niisrei)resented, so that I paid liim $15,500 in cash. 

Q. Then you paid him, in all, in cash, $1L',000 and $15,500 ? — A. Yes, 
sir. 

Q. And you exchanged with him what ? — A. Three hundred feet, 
fronting on the corner of Wabash a\'enue and Forty-second street, the 
southeast corner, with an incumbrance of $15,500. 

Q. Did you make him a deed for that ! — A. I either deeded it direct 
to him or to his wife, I cannot tell which. 

Q. You had the title ?— A. I ha<l the title ? 

Q. That was the only incumbrance upon it ? — A. That was the only 
incumbrance upon it. 

Q. Was any other person present at any of these negotiations with 
Kirtland ?— A. 1 think when I bought the first $14,500 my cashier and 
vice-i)resi(h'nt were both present; but I do not think anybody was pres- 
ent when I made the other trade, as those were [)ersona] trades. 1 think 
he and I made them and (concluded them. 

Q. Mr. Kirtland was in Chicago all this time? — A. Yes, sir. Xot from 
the time of the first purchase, lie was away, and cauie back again. 



1644 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did you liave any controversy with him, or discussion as to the 
amount of money you shoukl pay liini? — A. Yes, sir. 

Q. He wanted more money ? — A. Yes, sir ; and I wanted to pay less. 

Q. You finally agreed ni)on the $15,000? — A. Yes, sir. 

Q. Why did he say that he wanted more money ? — A. He did not give 
any reason, that I know, except that he thought the paper was worth it. 

Q. Did he not tell you that he wanted more money because he had 
some parties that he wanted to divide this money with ? — A. No, sir ; 
not tliat I remember. 

Q. Did he give you any reason why he wanted the money ? — A. Noth- 
ing, except that he had bought some property in Washington, and would 
have to make a payment. But that was in regard to the first $12,000 
that I gave him. Subsequently nothing. He came there to sell paper 
and trade it for property. 

Q. Did you consult with DeGolyer & McClelland in relation to the 
last note? — A. No, sir; I did not. 

Q. You did not communicate with them at all? — A. No, sir. 

Q. Did you communicate with Mr. Chittenden? — A. No, sir; I did not. 

Q, Nether Mr. Chittenden nor DeGolyer & McClelland knew that you 
were making these negotiations? — A. No, sir; not that 1 know of. 

Q. Did Mr. Jenkins? — A. No, sir; I did not know Mr. Jenkins at that 
time. 

Q. Where was Kirtland staying in Chicago? — A. I think at the Gard- 
ner House ; the first time he came there, I think, at the Tremont House — 
the Michigan Avenue Tremont, tliat Drake kept after the fire; the second 
time, I think, he stopped at the Gardner House. 

Q. Was any one with him? — A. No, sir; not that I know of. 

Q. Were you at his room? — A. I was at his room in the Tremont 
House when he was there the first time ; or it might have been the sec- 
ond time: I think it was the first time, liowever. 

Q. You saw no one with him ? — A. No one at all. 

Q. Did he tell you how those notes originated? — A. No, sir; he did 
not. 

Q. Did yon know ? — A. I did not. 

Q. You had no knowledge whatever as to the origin of these notes? — 
A. Not at all. 

Q. When did yon see Kirtland last? — A. That I was trying to remem- 
ber to-day, because I thought the question would be asked me. My 
impression is that it is a year ago since I last saw him. 

Q. At the time of this transaction ? — A. O, no ; I have seen him since 
then. I have seen him twice since 1 bought these notes — both times iu 
New York ; I met him twice. I met him once since I bought the notes 
in Chicago, Deceuiber It, the time this note was renewed at the Cook 
County National Bank. I met him there then. He was instrumental in 
getting those two notes renewed. 

Q. Had you those notes rediscouuted at the Cook County National 
Bank ? — A. Yes, sir. 

Q. With your own indorsement ? — A. No indorsement. 

Q. Who was jnesent ? — A. D. D. Spencer. 

Q. How did they happen to come to the Cook County National 
Bank ? — A. Simply because I wanted them out of my hands. 

Q. Did not Spencer ask you to indorse them ? — A. He knew very well 
I would take them up after he got them renewed. 

Q. I mean before the renewal 1 — A. After I had bought all this 
paper, McClelland began to intimate that the paper was not all right, 
and he did not propose to pay it. Well, I said to him, this is 



TESTIMONY OF IRA HOLMES. 1G45 

singalar; you told me wlicii I caiuo to you that this paper was 
your paper ami it was all ii<>:ht. and told ine to buy it. I said, '•' Bob, you 
on,Qht to have .yiven me some hint in re,i>ard to this ; you know very well 
I should not have touched this paper and paid money out on it if I had 
supposed there was anything- wrou';-.''' " Well," he says, "you did have 
some notice before you bought this last •$4."),()()0." I said, " Not at all; 
I knew that this man was scared evidently, and that 1 was nuUcing a 
good trade out of him ; but I believed the i)apei" was all right from wJuit 
you told me. I believed it was evidently tlie sanu' [)aper, and whatever 
the transaction was I believed it was all given in the same transaction. 
I thought I had a chauce to make a good trade with him and did make 
it." 

There was 820,000 of this paper coming due in November that I had 
ou hand, and before it came due I thought I will get that in good 
shape, so that there will be no controversy about that. 1 sent my 
cashier over to the Cook County National Bauk, and he said to Mr. 
Spencer that a gentlenmn had brought in some notes for sale ; " I want 
you to buy them. Ira said it was all right." I sent an outside uian 
there with the notes, and he gave him a check for .$10,500. When they 
became due, he pressed their paynuMit very strongly, and he tinally re- 
newed them. He renewed one with him and they came to mv bank, and 
1 loaned them slO,0()0. That got away !^i:o,OOO^vs I supi)osed, without 
their having' a chance to tight me. When these others came due I had 
possession of tiiem, and I made u[) my mind I would do nothing except 
try to get possession of them as fast as I could. After they declined to 
pay them, he said if we go on with the contract we will pay these as 
fast as we lay any i)avement, and we won't any faster. They got in a 
tight place and had to pay 810,000 here for repairs of their last work, 
and in consideration of their renewing 815,000, after Jenkins came in, 
with Jenkins and McClelland on it, taking up and cancelijig theold jiajjcr 
entirely, 1 loaned them 815,000 iu money on Jeidcins and ^IcClelland's 
paper, guaranteed by K. K. Jones, a brother-in-law of Mr. Jenkins. 

In that way I got 815,000 of my money back. Then, when it came 
this fall — my attorneys had said to me, " You can collect every dollar of 
this ])aper if these meu are good." I had explained the wlu)h; transac- 
tion to tliem. I said, " I do not believe l)eCol.\er and McClelland are 
good. I know they have lost 850,000 or 800,000 iu Washington, and 
are head over heels in debt here in Chicago. I do not believe I would 
get enough out of them to pay me for raising the stink that this anu)uut 
of i)ai)er in my hands would occasion. I would rather run along and 
get what I could out of them." I got 815,000 out of it, and when they 
came I)ack here in January, I made a proposition to them to buy them 
out, and take their lumber and machinery here, if they would settle 
with their own partners, Hay and Whitney, and allow 815,500 on tlie 
notes; that I would give them 810,000 in cash; 85,000 in four months; 
85,000 in eigld months; 85,000 in twelve montlis'; making 8-5,000, pro- 
vided they settled with Hay and Wliilney, allowing 81-, 5^*" <»'' voncdiers 
to be api)lied on notes of DeColyer aiul JMcClelland. That proposition 
they accepted substantially, ex(;ept that I was to take u[) some other 
notes instead of giving my own, which 1 provided to do. 

That is the liistory, substantially, ot the whole transaction. I have 
got 8-57,500, of which I have got my money back out of the notes. That 
is all I liave got, and that is what I have been working to get. 

Q. That is, you got the cash advanced? — A. I got the 815,000 and 
812,500, an<l 1 think I am very fortunate. 



1646 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You lost your real estate? — A. I have, except so far as this con- 
tract in this lumber here may be worth more than I paid for it — 825,000. 

Q. Is this lumber here now "? — A. Yes, sir ; there is about $40,000 
worth of hunber here, of which I own two-thirds, aud the machinery, 
which would cost about $25,000. I have about two-thirds of $(35,000. 

Q. You took an assignment of the DeGolyer and McClelland con- 
tract ? — A. Y"es, sir ; so far as they had any contract. 

Q. That you own now 1 — A. It was not made to me, however, but to 
my cousiu, J. A. Holmes ; but he really represents me. 

Q. Are you not bound to keep this pavement in repair ! — A. No, sir ; 
I do not assume that at all, although I have their contract with their old 
partner for this work done last year — Ray & Whitney, their partners. 
They agreed to pay for their proportion of the repair on the balance of 
that done last year, and they are bound on the work that they did the 
year before that. I understand this, also, that the machinery here is 
mortgaged to keep this pavement in repair, aud we have a bond from 
them guaranteeing ns against any loss under that mortgage. 

Q. A bond froni DeGolyer and McClelland ? — A. From Jenkins and 
McClelland. 

Q. You never knew Mr. Kirtland, then, until you met him in Chicago, 
in August, 18721? — A. Never, sir. 

Q. You knew nothing about him ? — A. I knew nothing about him. 
I never had heard of him. 1 want to explain here one thing. I see on 
my books January 9, 1872, note No. 295, discounted for DeGolyer & 
McClelland, $9,G0i.33. That was the balance of $20,000 that they owed 
me at the time of the fire. I see April 11, 1872 ', that was paid in 
money. I had collected $25,000 of them from October up to January 
Ijrevious. Although they had been very slow, still I had found they 
were good, and when I had pressed them I had got $25,000 out of them, 
and they did not owe me a dollar at the time I made this trade. 

By Mr. Thueman : 
Q. What was this property worth that was mortg:aged above the mort- 
gages! — A. The house and lot was given me for making a man a loan 
which I did for him. He made me a present of it over and above the 
mortgage. It was worth really $10,000 or $11,000, $5,000 or 0,000 
margin in the property at a fair price. But still it was a narrow house, 
I believe the narrowest one I ever saw — 14 feet. A handsome stone 
front, a very beautiful little house. It had been bought for $0,000 and 
sold for 11,000. That I made a trade to Mr. Philpot for, and it did not 
cost me a cent, 300 feet on the corner of Wabash avenue I paid a year 
before that $75 a foot for, and I put it into this trade at $150 a foot. 
He has got a margin if he has not sold it or disposed of it. I sold 
mine for $35,000, although at the time I sold it to him I do not think it 
was worth over $27,500 or $30,000. There was probably $10,000 or 
$12,000 margin in that at the time I sold it to him. It was put in at 
a margin of $30,000. ^ I was figuring to buy this paper at about 50 
cents on the dollar. 

By the Chairman : 

Q. It was purelj^ a money transaction with you ? — A. Yes, sir ; en- 
tirely. 

Q. By which you expected by a series of manipulations to make 
some money? — A. I expected as these men went along in business I 
could get $5,000 then and 2,000 now, and keep pressing them and I 
could get all the money out of them in a year or two. I knew this 
paper w^as slow paper, but I did exiiect to get every dollar and interest 



TESTIMONY OF IRA HOLMES. 1647 

iu time, and believed theia and knew them to be good. I knew this 
man wavS frigbtened abont the paper and did not think it was good, 
but I thought it was Just as good as wheat. 

Q. You were hen? tour weeks ago ? — A. No, sir. 

Q. Have you not been in this city this year ? — A. No, sir. 

Q. Not since the 1st ot" January ? — A. No, sir. 

Q. Was it your brother ? — A. No, sir; he has not been here ; I have 
not been here siuce the Boston fire. 

Q. What Ilohues was it wlio was here some tiu>e ago? — A. O, I guess 
that is a New York Holmes; he was interested in some paving here 
some tiuie ago ; he is no relation of mine. 

Q. Have you had any interest in [)aving-contracts here ? — A. Not at 
all. 

Q. Did you see Governor Shepherd when he was in Chicago last 
year? — A. No, sir; I never met him until to-tlay ; I never knew him by 
sight. 

Q. Did you ever hear of Colonel Moore ? — A. I have a letter of intro- 
duction to William G. Moore; I never met him or saw him. 

Q. From whom ? — A. From Governor Shepherd's brother. I have 
also a letter to Governor Shepherd that I have not yet i)resented, from 
his brother in Chicago. 1 met him Sunday and asked him to bring me 
some letters, and he brought me these two on Monday. 

By Mr. Hamilton : 

Q. Did you ever get a letter from William G. Moore ? — A. No, sii- ; 
not that I know of. Let me maicea statement now. I understand very 
readily you want to ascertain if I had any means of knowing what 
Kirtland did with this money. 

]\[r. Hamilton. Yes, sir ; that is what we want. 

Tlie Witness. Well, sir; now I say to you frankly and honestly, that 
while 1 had interview after interview with this man, and was on very 
tViendly terms with him — he stopped at my house, and I treated hiui ele- 
gantly — and 1 have seen him when he has had a glass too much, and I 
am satisfied that if he would have told anybody in the world he would 
have told me; yet I never received the slightest intimation where this 
money went to, or but what it all belonged to him; and I judge that 
either he did not give it up to the parties that he })romised, or else he 
never nnide any such prouiise ; 1 do not believe a dollar of it ever went 
to anybody else; there may have been some pledge somewhere else pos- 
sibly, but I do not believe he ever gave a dollar up ; I think he took and 
" gobbled" the whole thing. 

Q. Did you not turn him out a span of horses? — A. I sold him a span 
of horses after I had made the payment in cash which he paid me. I 
sold the horses, carriage, harness, for 8'5,000. 

Q. What <lid he do with that establishment '? — A. I do not know. I 
was hunting them up to day. The only experience I have had with 
Kirtland since then was that he drew on me for 81,200, and sent his 
wife out there. His wife plead very hard for me to cash it, and said 
they had to liave that money to get through ; and she promised me that 
she would see that it was paid within a week or ten days. 1 very fool- 
ishly did so, and haven't seen either of theui since. 

Q. Where did he draw ! — A. From the .Vrlington House, Washington. 
He wrote me a very pitiful letter that 1 nuist pay that — i)rote('t it — and 
his wife would see herself that it was [)aid witliiii a week, but I failed 
to get my money. 

(). NVhen was that draft drawn ? — A. 1 think it must have been about 



1648 AFFAIRS IN THE DISTRICT OP COLUMBIA. 

a year ago now. It must have been last spring. I had been on good 
terms with Kirthxnd all this time, because, he had assured me Irom 
time to time, " Now, I can get you the money on this paper, and I will ; 
and I will see that these men have a lair show with their contract, and 
that the thing is (tarried out." Afterward McClelland told me — a long 
time after 1 bought this paper and had been speaking with him — all the 
facts that are spoken of here. I knew that this paper was given for 
getting this contract. AVhile I was running the bank I couldn't afford 
to have anything of this sort get out — that I had bought and had an 
amount of this kind of pai:»er, such as that was — and I kept quiet about 
it, and kept lending him a little money until I got out what I put in it, 
and the balance I was satisfied [ could not collect against him, and 
started in for this contract. 

Q. Did Kirtlaud bring that draft personally to you? — A. No, sir; it 
can)e through the bank and she arrived there the same morning and 
came to see me before the bank opened, to ask me to pay it. I told her 
I could not do it, and she Vv'ent away. The draft came in and I let it go 
back. About 1 o'clock she urged and pressed me so hard that I linally 
sent out to the other bank and gave my check for it. I have not seen 
her since. He was here in Washington and she came out there alone, 
expressly to get me to x^ay that. 

Q. When you bought those notes was she there with him "? — A. No, 
sir. 

By Mr. Wilson : 
Q. How did you find out that she was Mrs. Kirtlaud ? — A. Only by 
her own introduction. 

By the Chairman : 

Q, Have you had any letters from Mr. Kirtlaud ? — A. Not in a long 
time — not since he asked me to pay this draft. That is the last I heard 
of him. I met him, it ma}' have been last September, possibly, or the 
last of August, in New York. 

Q. What excuse did he make for not paying the draft? — A. I did not 
say a word to him about it. I did not speak to him about it. He made 
an engagement to meet me, however, and I did exi)ect to talk with him 
and have a little understanding with him about it; but he left town 
before 1 saw him again to make an appointment with him. 

By Mr. Wilson : 

Q. Did you know what he did with his horses and carriage ? — A. I 
think he took them to Albany. I delivered them in Albany for him. 

Q. When you made this trade with De Golyer & McClelland, by virtue 
of which you got this property here in Washington you settled these 
notes? — A. Yes, sir. 

Q. Why did you not deliver up the notes to DeGolyer & McClelland? — 
A. Simply because, if the facts were ever demonstrated — what you want 
to get at here — I think I shall have some claim on somebody to help 
pay these notes. 1 would like to find out who got the money myself. I 
thought they might be of some sei'vice to me in that way. 

Q. Did you give a written agreement to DeGolyer& McClelland ? — A. 
Yes, sir. 

Q. Have you that agreement? — A. Yes, sir. It is signed by myself 
as president, and by mj cashier. . 



TESTIMONY OF IKA HOLMES. 1649 

[The following is the agreemout referred to :] 

The Manufuctiu-ei's Xatioual Bank of Chicago hohls in its own right the promissory 
notes of Dedoiyer and McClelland, payable, and of amounts following, to wit : 

,Iul V 1, 1H7-2, nine months $10, 000 

.Inly 1, 1«7-J, nine months 10,000 

.Inly 1, 187-2. three months 4,r)00 

July 1, ld72, tour months 10,000 

Each bearing six per cent, interest from date, December 14, 1872, May 5, 1873 — 
sl0,510.3:i. 

Bearing six per cent, interest after maturity : 

December 16, 1872, ninety days o, 000 

February 17, 1873, sixty days 5, 000 

Each at ten per cent, interest after maturity. 

And the said bank for fall value received of Charles E. Jenkins and Robert McClel- 
land, herel)y releases them and the uuikers of said notes wliolly and absolutely from 
all and any liability on said notes and each of them, and, as to them, said notes are can- 
celed. 

^'(■t the said bank will retain the possession and custody of said notes until the same 
shall be paid out of the proceeils of a certain contract made between said Jenkins and 
McClelland, and liny and Whitney, for paving streets in the city of Washington, ac- 
cording to the terms of said contract, l)ut ui)i)u the ex()ress condition that said notes 
or any part thereof, shall never be by said bank sold, transferred, or put out of its 
possession for any purpose whatever, save that hereiu expresseel; which condition said 
bank hereby accepts, and will comply with. 

Witness the seal of said bank, and the signatures of the president and cashier, this 
•JOrii day of .January, 1874. 

The Manufacturers' National Bank of Chicago, hv — 

[sEAL.J " J. M. HOLMES, Presidcnf. 

J. N. HOLMES, Vubhur. 

For value received, I hereby guarantee the performance of the foregoing agree- 
ment. 

J. M. HOLMES. 
J. N. HOLMES. 

Of the above-mentiomid notes the two for live thousand (§5,000) dollars, each dated 
respectively December IC, 1872, and February 17, 1873, have this da\- been canceled 
to Kobert McClelland. 

Chicago, January 27, 1874. 

KOB'T McClelland 

N'ouchers 12, 322 87 ' 

10-2 notes and interest.! 10, 7SJ8 61 



Amount iiuloised 1, 524 26 

11 4,5U0 note. 

The Witness. 1 was gi\ iug up this paper aud, of course, I wanted 
something to secure lue. 

By Mr. Stewakt : 
Q. Did you, during all this interview, have any conversation as to 
how these notes were procured '. — A. iS\)t at all. 1 knew Chittenden got 
the notes from them ; tln'y sent them by exjuess to KirtJand at W'ash- 
ingtonj that is all 1 know about it. 1 did not know that initil alter- 
Avard. Kirtland was very carelid to say nothing to me. 1 went to Mc- 
Clelland, i said, "I'x)!), is this your jiaiier .'"' and he says, " Yes; that 
damned cuss has no business to have these rotes in Chicago for sale, Imt," 
says he, '• that is my paper; it is all right, and will lie paid at maturity.'' 
i afterward l)rought a gentleman from Chicago to Washington, and that 
wasjustatthe time of the Boston lire, and Hob .McClelland reiteiated in 
his presence that same remark that, " i told you about the i'Hj.'iOi), but 
you had notice before of the other." 

104 DOT 



1650 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By the CiiAiR:MAjNr : 

Q. Did you not j?et some idea, either before or afterward, of the his- 
tory of this traiisactiou as to where this money was going ? — A. Not 
the slightest. 

Q. It is to you a profound mystery at this moment ? — A. It is. I have 
not the slightest idea. I have the slightest idea, too. I have a full con- 
viction in my own mind where it went. 

Q. Now, tell us. — A. That is, to A. B. Kirtland, and I believe he 
gobbled every dollar of it. I don't believe he ever parted with a sou- 
marque. That is iny firm conviction after all my transactions with 
him. I have had a thousand suspicions that there were other parties 
in interest who were to receive some, but I have been morally certain 
from my transactions with the man that he never gave up a dollar, it he 
had such contracts. 

By Mr. Bass : 

Q. In all .your intercourse with Mr, Kirtland, when he had been at 
your house, and you were on such good terms with him, you must have 
had a little cuiiosity to know how it was that he should be able to get 
$70,(100 in notes; did you ever ascertain from him how it was, and 
through what parties it was that he pretended he was having this influ- 
ence which would enable him to get this amount ? — A. No, sir ; I did 
not. I am satisfied that he i)referred the impression to be carried to 
me tliJit he was a very smart fellow, and got all this himself, rather 
than that he had to divide. He did not intimate in the least. 
If 1 had had the slightest sus})icion about it, I should not have pressed 
any inquiries of that kind, after I had got the paper in my hands. I 
wanted to know as little as ])ossible. The minute I began to suspect 
any one I talked very little. I did not want to get posted up about the 
consideration. When I bought the notes I believed they were good, 
and I knew I was an innocent purchaser, and 1 was making a big trade 
for them and was making plenty of money on them. 

Q. What has become of that 3(M) feet of land? — A. I think he must 
have that yet. I think the house and lot were sold under,the mortgage. 
He failed to pay the interest, and lost it entirely. 

By Mr. Hamilton : 
Q. Who holds the mortgage on that lot ? — A. The Prior estate iu 
New York. 

By Mr. Bass : 

Q. I see you leceived auditor's certificates ?— A. I have 132,000 au- 
ditor's certificates for work completed. 1 could not do anything with 
them in Chicago. 

Q„ Un coil. i)ieiing this contract! — A. For the 25,000 yards they laid 
this last season. The way Bay & Whitney came to be in there was, I 
gave them the money, $23,000, to come in. 1 found McClelland & De- 
Golyer had got in bad odor here and (-ould not go on and do any work. I 
got Charley Hay to come in here and furtiished him the money to come 
in with Jenkins & McClelland to go on and do the work, with the under- 
standing with Ray that he should keep his eye on, and when the cer- 
tificates were paid he should get my proportion. But Jenkins & Mc- 
Clelland knew nothing of my interest with him. I put him in here sim- 
ply to watch my interests. They figured over the work on their 2o,000 
square yards, and they made last year very little if any money. I 
know Ray was telling me, he says, "I have not figured it closely;" 
" but," he says, " there ain't any thing of any account in it.'' 



TESTIMONY OF DAVY WILLIS. 1651 

By Mr. Wilson : 
Q. Was that beoaiise of the character of the pay you had to take .' — 
A. No, sir; 1 think not. I furnished tluMii this $i';5",()0(>, and then they 
had to sell some of their certificates at GO or 70 cents, but not a uieat 
many of them. 

By Mr. Hamilton : 
Q. You assume that at par .' — A. Ves, sir ; assuming that at par, they 
did not make much money. I can send you the exact figures. 

By the Chairman : 
Q. Did they use your lumber! — A. Xo, sir; Kay & Whitney Avent in 
and took a tliird iiiteres<:. NomiiuUly, they were the nn-n, but 1 fur- 
nished the money for them to go in. 1 was to have a third or a half of 
the profits. 

By Mr. Wllson : 

Q. Have you any arrangement by viitue of which you can lay down 
any pavement here now ? — A. Only whatever ligiits 1 have under the 
assignment of Jenkins »Jt McClelland of the ohl contract. Mr. Kay, my 
partut-r, and the man upon whom 1 rely as a practical |)avcr, said tome, 
" 1 do not think tiiat old award is good for anything, but 1 tell you we 
can do good work and get fair i)rices, whether under the i)resent or any 
new administration. We have the machinery and lumber, and can get 
all the work we want. You can get out whole on your paper." On that 
rei)ort I said, "1 will just buy this interest." 

Q. But you have no arrangement now to put down any of tliis wood 
that you have here? — A. Xo, sir; not at all, except under that old 
2<)(),()()0 square yards. 

Q. In what coiulition is this lumber here? — A. It is lying on the 
docks, as 1 understand, and on rafts. 

Q. It is not in blocks? — A. No, sir. 

Q. It is lumber ready to be cut up and prci>ared tor paving? — A. Yes, 
sir; I have never seen it. 

By Mr.* Bass: 

Q. Have yon the original award ? — A. No, sir ; I have not. I never 
have had it. Acting under Mr. Kay's suggestion, I did not think myself 
that it was of any importance. 

The committiH' at this iK)int resumed its ])ublic session, but immedi- 
ately adjourned to lU o'clock a. m. to-morrow, April 30. 



TiTUKSDAY, April 30, 1874. 
The committee met, pursuant to adjournment, and took the following 
testimony in secret session : 

Testimony of Davy' Willis, bell-boy at the Washiiigton House. 

The Witness. I carried a note up to Mr. Shei)herd's store at the cor- 
ner of Ninth street and the avenue. 

By the Chairman : 
Q. Where from ? — A. From the Washington House. 
Q. From whom? Who gave it to you .' — A. It came out of number 
47. 

Q. Did you see the num .' — A. Ves, sir. 



1652 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What sort of a looking man was lie! — A. A curly-headed sort of 
man, tall, slim. 

Q. Whom did you deliver it to, do you remember, and whom it was 
for? — A. No, sir; I do not know who it was for. 

Q. You do not remember the man's name! — A. No, sir; his name 
was on the back of the note which I handed to one of the genth^men in 
the store, and he told me he was not in and would give it to him when 
he came in. I waited, and he came in and read it, and he told me to 
go back and say it was all right. 

Q. What sort of a looking man was it that read the note? — A. Tall 
and slim, and had a little mustache here, [indicating.] 

Q. Little whiskers on his chin 1 — A. Yes, sir. 

Q. Had he any mustache over his lip, do you remember ? — A. No, sir; 
I don't remember, 

Q. How old are 3'ou 1 — A. 1 am going on thirteen. 

By Mr. Hamilton : 

Q. Do you knoAv Colonel Moore! — A. No, sir. 

Q. Describe the kind of man who gave you the note. Describe his 
whiskers.— A. I can't recollect that, sir. 

Q. How long was he in No. 47 f — A. He was there about a week, I 
think it was. 

Q. Where did he take his meals ? — A. I do not know, sir. He had his 
meals brought to his room. 

Q. Did you hear his name ? — A. No, sir. 

Q. Had he long whiskers or thin ? — A. They came right out so, [indi- 
cating side-whiskers ;j they were along down the side. 

Q. When was this? — A. This has been mighty near a week. 

Q. Is it not more than a week ago ? — A. Yes, sir; 1 reckon it is about 
a week now. 



Friday, May 1. 

Jerome J. Hind sworn. 
By Mr. Wilson : 

Q. Where do you reside! — A. Decatur, Alabama. 

Q. How long have you lived there! — A. 8ince '(55. 

Q. How long have you been in the city of Washington! 

Witness. Do you mean since 1 have been here this last time, or in 
coming to Washington! How do 1 understand the question! 

Mr. Wilson. In coming to Washington. — A. I have been visiting 
Washington off and on ever since iSeptembcr, ]6iH). 

Q. How long have you been here this last time! — A. I arrived here 
some time in the latter part ot Decemher, J think about the lUth or 2l)th. 
I cannot remember positively as to the date. 

Q. When before that time were you lune ! — A. I have been here off 
and on at various times. 1 was lu-re off and on during the summer and 
during the spring. 1 came — I got here on the 19th, 1 believe, of Feb- 
ruary, 1873, and remained here some three months. I was here until, 
1 believe, 1 was off again a few da.NS in June, and then returned, went 
west up in the mountains, and was gone until September, and thfu I 
returned here again. 1 was here a few days and went home, and then 
retnriipd in December. 

Q. Were you here during the year 1872 at any time! — A. I'es, sir; I 
don't reme:nber exactly without my diary. 



TESTIMONY OF JEROME .). HIND. 1653 

Q. What is yonr business in Wasliin^ton ? — A. ]Mail-contractor. 

Q. In what branch of the mail-scix ice ? — A. Cairyin,!;' mails from 
varions paits of the South — Mississippi and Alabama. 

Q. I>y what mode ot conveyance? — A. Varions modes. \Yhat is 
termed pack-mules or horses, steam, ami by staj^e. 

Q. llaNcyou been in any way interested in contracts with the board 
of public works in this city ? — A. No, sir ; T luive not. 

Q. Either directl\ or indirectly? — A, No, sir; no way under the 
heavens. 

Q. Have you represented anybody else with contiacts, as contractor 
with the board of public works? — A. No, sir. 

Q. No person at all ? — A. No, sir; never represented anybody at all. 
If you will allow me — I don't know what your idea is in putting these 
(luestions — if yon will allow me, I will (pialify that in this way. If you 
ask me if I ever api)lied for a contra«.;t, 1 answer I did, but I never got it. 
1 represented myself, and nobody else in that. 

Q. You applied for a contra(;t ; when did you do that f — A. It was iu 
Ai)ril, a year ago; the latter part of Ajuil, 1 put my first application in. 

Q. What kind of a contract did you api)ly for ? — A. When I made 
my ap]>hcation, it was for what is known as the Scharft pavement here. 
The work was to be done, as I supposed, on F street. When I made 
the application, I didn't make any formal application ; I didn't make 
any written api)lication. 

Q. To whom did you make your application ? — A. To Mr. Shepherd. 

Q. Who was interested with you in that ap[)licatiou '! — A. In that 
application, parties that were to assist me in it — one gentleman only — 
]\Ir. Abrams. He was the prime mover in that i)articular contract, or 
attempt to get a contract, rather. 

Q. To whom did you make your application "? — A. To Mr. Shepherd. 

Q. Yon made no formal written application ? — A. No, sir, I was ad- 
vised by Mr. Abrams that such a contract would be let, and to see Mr. 
Shepherd. He thought 1 could get it, and he wanted to do the work. 

(.). Do you kmnv whether Mr. Abrams had been a contractor under 
the board of public works? — A. I don't; I know he did work for the 
board ; whether he did it directly for the board, or somebody else, I 
don't know. I have heard him speak of Mr. Evans. 

Q. Had he done much work for the board of public works ? — A. I 
don't know that ; he did not tell me ; I never asked him. 

Q. Do you know Mr. Wilcox f — A. 1 do. 

Q. Were you interested in any way in any contract ? — A. W^hen I 
was trying to get this contract — for this pavement known as the 
Schartf pavement — for F street, I met Mr. Wilcox one day. Some one 
had told him I was trying to get this contract, and he said to me that 
if 1 would abandon my efforts in that direction to get a contract, that 
there could be a contract got in which he would interest me, and I 
wouhl make as mn(;h money as out of the contract I was trying to get. 

if. Mr. Wilcox told you that ? — A. Yes, sir. 

(}. What was that (;oiitiact ? — A. It was a wood contract, as I un- 
derstood it at the time, but alferwanl it turned out to be what is 
kiunvn as lielgian stone, I believe, or was to be. 

i). Who were the ])arties? — A. O'Connor iv: Siianley. There was a 
third party, but I don't re(;()llect his name. 

Q. Yon don't know who the third man was .' — A. I forget his name ; it 
seems to me I shonhl recolle(;t his name if I should hear it called, but 
I do not recollect the name now. 



1654 AFFAIRS IN THE DLSTKICT OF COLUMBIA. 

Q. Where does be live? — A. I think they all live iu Jersey City. 
That is my recollection. That is the representation made to me. 

Q. Was that contract awarded? — A. There was a contract for 35,000 
or 40,000 yards oF wood and stone awarded to Messrs. O'Conner and 
Shanley. By the way, I think the other gentleman's name is Sullivan. 
I will not be positive about that, but, at any rate, either 35,000 or 40,000 
yards is my recollection of the contract aAvarded. 

Q. Tell us all you know about it. — A. That is all that I do know 
about it. The contract was awarded. They never came forward to 
execute the contract, and it was annulled, as far as I know. I really do 
not know, however, whether it was annulled or not. 

Q. What interest were you to have in it ? — A. I was to carry out the 
contract according to agreement, and get 20 per cent, of the gross 
amount if the contract had been carried out. 

Q. Did you ever see the award of the contract ? — A. 1 did. 

Q. Where did you get it? — A. It was sent to me, to my room. 

Q. Who sent it to you '? — A. The board of public works. 

Q. Who brought it to you ? — A. I don't know ; I found it on my 
table when I got home one evening. 

Q. How did they happen to send it to you 1 — A. At the request of 
the parties obtaining the contract. 

Q. Were you known to the board of public M'orks as being a party 
interested in getting the contract? — A. I cannot say that 1 was. I 
don't know whether I was or not. I never said anything to them. If 
I was I am not aware of it. 

Q. What did you do with the award ? — A. I sent it to ]\Iessrs. O'Con- 
ner & Shanley. Now, let me study a minute ; perhaps I am a little hasty 
there. Yes, it was sent there, and returned as not being — it was not 
such a contract as they wanted. It was sent, and returned to the board 
of public works. That is my recollection now. Just at that time 
1 was called away, right in this intermediate time, and was gone two 
weeks, and while they had it ; and when 1 came back I was told Messrs. 
O'Conner «S: Shanley would not accept that contract or have anj thing 
to do with it. I thiidv it was returned to them through the until. That 
is my recollection. 

Q. Do you know how Messrs. O'Conner «& Shanley hap])ened to make 
an application for a contract? — A. I do not. 

Q. Do you know whether they ever did make application themselves ? 
— A. I never saw it. Yes, they did ; I am too hasty there ; they did 
make an application. They were furnished by some of the board of 
public works with a blank form. I saw the blank form. I did not see 
it tilled lip, but from the wording of the contract they must have tiled their 
ai)plication. My recollection is thatit spokeof receiving their application, 
and that they would give them a contract for so many thousand yards, the 
streets to be desigiuited at a future day. There was no street designated 
at all. They must have made their ai)plication. They got blanks. The 
only time 1 ever saw jNIr. O'Conner, he had the blanks. 

Q. Where did you tirst get acciuainted with these parties, O'Conner 
and Shanley ? — A. I met them at the Ebbitt House. 

Q. Who introduced you to them? — A. JMr. Js^irtland. 

Q. Where did you first become acquainted with Mr. Kirtland ? — A. 
At Willard's Hotel, a few days before that. 

Q. How did you happen to get acquainted with him ? — A. Through 
Mr. Wilcox. 

Q. What occurred between you and ^Ir. Kirtland at Willard's 
Hotel ? — A. I was only introduced to him as a i)arty who had been try- 



TESTIMOXV OF .lEKOME J. HIN]». 1G55 

iu^ to set a contract bero, and Mr. Wilcox said to Mr. Kirtland 
that he had sugocstcil to nie to abandon my efforts, and k't Mr. O'Conner 
& Shanley set a contract, in which they coahl atlbid to j^ive nie 20 
per cent oftlie .eross anionnt. 

Q. Was ]Mr. Kirthmd seekin-;- to f^et this contract for O'Conner & 
Shanley ? — A. That was my nnderstanding-. I never lieard him say so, 
but that is tbe inference jiiven to me. 

Q. Vou were boardin.u' at tlie Kl)bitt House? — A. No, sir. 

Q. How did yon liappen to meet Mr. Kirtland at the Ebbitt House? — 
A. Throujih .Air. AVilcox. 

Q. Was tliere an arrangement for tln^se ])arties to meet there to- 
gether ? — A. Yes, sir. I went with ^Ir. Wilcox there to meet Messrs. 
O'Conner c^ Shanley, to see them, to see if they would agree to the 
proposition submitted to me by Mr. Wilcox. 

Q. What were yon to do in the procurement of tiiis contract ; you 
were to get 20 i)er cent., you say? — A. Yes, sir. 

Q. What were you to do ? — A. I was to furnish a certain amount of 
money. 

Q. Money to whom ? — A. To help to carry out the contract to do the 
first work. 

Q. To O'Conner & Shanley ?— A. Yes, sir. 

Q. These men were strangers to you t — A. Yes, sir. 

Q. Were you to be known in that contract? — A. No, sir. 

Q. Was it the understanding that you were not to be known ? — A. 
There was nothing said about that, whether I should or should not. 
There was no understanding about it. It was immaterial to me. They 
wanted the contract in their name ; I was to assist in putting the work on 
the streets, and then I was to have ii certain interest in the contract, 
and so much of the profits were to accrue to me. 

Q. How much money were you to furnisn 'i — A. Five thousand dollars — 
the amount si)ecified at the time. 

Q. How much ])avemeiit were you to ])ut down ? — A. Under the 
Jtgreement, where I was to furnish the -*5,0()0, it was understood that 
the contract which was to be awarded would be about l.")(),0()0 square 
yards. 

Q. You M'cre to get 20 per cent, of the profits ? — A. Yes, sir : b put- 
ting in this amount of money. 

Q. What did you do for the jmrpose of securing this contract? — A 
I did nothing more than I have told you. 

Q. Did you make use ot any means to get the contract ? — A. No, sir; 
not a dollar. 

Q. Did you see any of the board of jniblic works? — A. Only Governor 
Shepherd. He is the only member of the board of public works that I 
know or ever knew. I don't know the rest even by sight, unless Mr. 
Magruder is a member of the board. I don't know what his relation 
are. I know him. 

Q. Is that the only contract you ever had anything to do with in the 
city here? — A. Yes, sir. 

Q. In any manner, shape, or form ? — A. Yes, sir; and the only effort 
I ever made. 

Q. Dir<'ctly or indirectly ? — A. Yes, sir; directly or indiicctly. 

Q. Did you re(;cive at any tinu^ any money from any person on account 
of any contract '. — A. Not a dollar. 

Q. Did any money ever pass through your han<ls ? — A. Not a dollar. 

Q. Never any at all ? — A. None at all. I never saw a sign of it in 
any sha[)e or Ibrm, and nevei- proposed or offered. 



1656 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. And you never acted for anybody in connection witb any contract 
AYith the board of public works f — A. Only for myself. I have made an 
effort to get a contract, thinking I could make some money in the way I 
told you. I made it in person to (lovernor Shepherd first, and then 
withdrew in favor of these gentlemen, and so stated to him that I would 
withdraw my efforts, as what I had a]>plied for was a much smaller 
amount than theirs, and put it all together, and that what little means 
I had I would take and put in with them, and then the proposition which 
they made and which I have stated 

Q. That you stated to Governor Shepherd ? — A. Yes, sir. I told 
him that I would withdraw my proposition for the Scharf pavement or 
any efforts to get it any further. I had never been promised any Scharf 
pavement contract, though I thought I had a prospect of obtaining it at 
the time. Whether I really had or not I am not able to answer. I was 
led to believe I could get it, 

Q. What interest had Mr. Wilcox in this matter? — A. He had a simi- 
lar interest, as far as I know, with myself. How Mr. Wilcox was inter- 
ested exactly 1 don't know, I cannot say positively, but my understand- 
ing was that he had a similar interest with me. That was the impres- 
sion. 

Q. How was he to get your 20 per cent, and who was to pay you that ? — 
A. I was to get it through the board of works, of Mr. O'Conner and 
Shanley. as they were paid, 

Q. Did you have a written agreement with anybody? — A, Never any 
agreement entered into, 

Q. Did you make any agreement with Mr. Kirtland ? — A. I never 
spoke to Mr. Kirtland directly on the subject in my life. 

Q. Why did you and Mr, Wilcox and Kirtland meet at the Ebbitt 
House? — A, I arranged with Mr, Wilcox to meet there, and meet Mr, 
O'Connor & Shanley, They were represented to nie as being practi- 
cal men, wanting this large contract, and by several interests coming 
together that a large contract would be awarded of more profit to us 
all than to get several small contracts. That is the representation made 
to me. 

Q. Do you know what interest Mr. Kirtland was to have ? — A. I do 
not. 

Q. Do you know Mr. Moore, of this city ? — A. I do not, 

Q. Did you ever see him in relation to this contract ? — A. I don't 
know the gentleman, and would not know him if he were to come in here, 
I never spoke to anybody but Mr. Shepherd about the contract, 

Q, How many times ? — A. I say I never spoke to anybody but Mr. 
Shepherd — let me see ; I will call the name in a moment. It seems to me 
one of Mr, Shei)heid's secretaries — I don't remember the name now — 
I met him one day, and I asked him to please ask Governor Shepherd to 
decide what he was going to do in the matter, and let me know, as I was 
a little impatient, and other matters were annoying me, and I was 
anxious to know what he was going to do about it, 1 disremember the 
gentleman's name, but he used to be in Governor Shepherd's room, I 
never met him but a time or two. I saw him in there one day, but 
I met him on the street in front of Mr. Shepherd's business-house. 
I asked him if he would be kind enough to speak to Mr. Shepherd. 
I think I handed him a note for Mr. Shepherd, asking him the same 
question. 

Q. Did you ever carry any letters to Governor Shepherd from any 
person ? — A. Yes, sir. From a senatorial friend. 

Q. You gave it to Governor Shepherd ? — A. Yes, sir. That was my 



TESTIMONY OF THOMAS M. PLOWMAN. 1657 

lii'st introduction ; it wns simply telling him who I was — ijnst intioducinji; 
me ; that Avas all, 

Q. You didn't get that contract .' — A. The letter was to the effect 
that if I got th«^ contract 1 would carry it out. That is what my 
business reputation was. It was sini[»ly a letter of introduction, and 
uothing more. 

Q. Did you never in any way aid anybody else in getting contracts ';? 
— A. No, sir. 

Q. Do you know of anybody else who was to i)articii)ate in the profits 
of this O'Connor c^ Shanley (contract except y(>urself? — A. iMyseU'and 
'Sir. Wilcox, and I suppose Mr. Kirthiud. 1 don't know what it was 
about, but only ]\Ir. Wilcox 

Q. Did you have any written agreement with anybody else in regard 
to this ' — A. No, sir. Never put pen on pai)er in regard to it outside 
of the note I spoke about that I sent to (xovernor Shej)herd. However, 
the letter of the Senator that 1 spoke of w-as not in reference to any par- 
ticular contract. It was simply a letter introducing me, and telling 
Clovernor Sh«'pherd that if he saw proper to award me any contracts of 
any nature that he could rely upon my carrying out the contract. 

Q. Do you know a man by the name of ilnssey 1 — A. 1 know him — 
that is about all. I didn't know him. 

Q. Do you know anything in regard to his procuring any contracts? 
— A. I do not. 1 have heard it said that he had contracts, but how he 
got them, or what amount, I don't know. 

Q. You say you were togetliO per cent, of the profits. Had you made 
any figures to show what the profits would be per square yard ou this 
pavement ? — A. I had the figures of those gentlemen. I was inex- 
perienced. I had sonu^ other gentlemen who claimed to be practical 
men. I don't km)w whether they were or not, but I was led by them to 
believe that I could nuike 82,000 or 83,000 in the course of two or three 
months, and while I was here detained on other business I thought I 
would make the investment. It was no great amount, I know very well^ 
that [ was supposed to get. 



M(JNDAY, 2Iai/ 4, ISTJr, 10 a. m. 

The committee met pursuant to adjournment. 

The chairman notilied ]\Ir. George H. (Miittcnden that he would not 
be examined until to nu)rrow, when his attendance would be require<l. 

Mr. IvMoRV A. Stouils. .Mr. Chairman, I would like to make a slight 
correction or am<'ndment to my testimony of a few evening ago. It is 
merely a change (dname. I wish to substitute for Mr. Jarvis the name 
of Ira Holmes. It will be apparent to some members of the committee 
who know the parties, that that is a mistake. Mr. Jarvis is the ])resi- 
dent of the liank of Casanovia, which has not gone into bankruptcy. 
Mr. Ilolnu^s, of the ^lanufacturers' National Bank, did go into bank- 
ruptcy, or perhaps it is not correct to say that that bifnk did go into 
bankruptcy. Efforts were made to put it into bankruptcy, and it went 
into li(piidation. 

Thomas M. Tlowman sworn and exaiuined. 
By Mr. Stanton : 

Question. Were you a member of tln^ commission a|>pointe(l by the 
board of i>ublic works to assess damages done to property by the 
board ! — Answer. I was, sir. 



1658 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Who composed the commission ? — A. Mr. Moi'sell, J. T. Collins, 
W. B. Bell, and myself. 

Q. Do you remember whether that commission were instructed to in- 
quire into the matter of the controversy between D. A. Connelly and the 
board of public works, as to the allowance for the grading of Massa- 
chusetts avenue ? — A. This is a copy of a letter that I have, as follows : 

Board of Public Works, 

District of Columbia, 
Washington, November 20, 1873. 
S. T. G. MoKSELL, Esq., 

City : 
Sir: The commission, of wbich you are chairman, are requested to sit as a jury in 
the matter of a controversy between D. A. Connelly and the board of public works, as 
to the allowance which should be made said Connelly for grading Massachusetts ave- 
nue ; to hear and consider such evidence as may be presented, and to determine as to 
the amount of award which should be made. You will meet at the vice-president's 
office on Saturday, the 23d instant, at 12 o'clock m. 
Bv order of the board. 

CHAELES S. JOHNSON, 

Secretary. 

Q, Did the commission act under those instructions ? — A. They 
did, sir. 

Q. What did they do ? — A. We met at the vice-president's room, and 
the parties to this controversy were present. The testimony was taken 
from all parties that were supposed to know anything upon the subject. 

Q. Was the contractor represented? — A. The contractor was repre- 
sented, and the District government was represented. 

Q. Who represented the District government ? — A. Mr. Arthur Shep- 
herd, I think. Perhaps there was somebody else, but 1 do not now re- 
member whether there was or not; but I think Mr. Shepherd was 
there. 

Q. Was Mr. Cluss present? — A. He was. He represented the board. 

Q. I asked you who represented the District government ? — A. Mr. 
Cluss. 

Q Mr. Cluss represented the District government! — A. Yes, sir. 

Q. Whom did Mr. Arthur Shepherd represent, if he was there ?— A. 
The contractor. 

By Mr. Merrick : 
Q. Mr. Arthur Shepherd represented the contractor? — A. Yes, sir. 

By Mr. Stanton : 

Q. If he was there ? — A. I think there were two parties representing 
the contractor, and Mr. Arthur Shepherd was one. 

Q. Was testimony taken on the subject ? — A. Yes, sir. 

Q. Did the commission make an award? — A. They did, sir. 

Q. And tiled it with the board?— A. Yes, sir. 

Mr. Stanton. We will put the award in evidence as soon as it can be 
obtained. 

Mr. Wilson.* We would be glad to have you bring all the other 
papers. (To the witness.) Q. Was the evidence taken down ? — A. 
Yes, sir. 

Mr. Christy. The chairman will remember that we suggested here- 
tofore that the papers relating to this matter of the award be given. 

Mr. Stanton. It is our purpose to produce them all. 

Mr. Wilson, (to the witness :) 
Q. How long have you lived in this city '?— A. I came here to do busi- 
ness in 1864. 



TESTIMONY OF TJlOMAy M. PLOWMAN. 1059 

Q. What ivS your business ? — A. I am now a practicing aicbitect. 

Q. What ^Yas your busiuess tbeuf — A. Previously I was a builder 
seventeen years. 

Q. At tiie time you were api)ointed on the commission what was 
your business ? — A. Architect for the last five years, exclusively almost. 

Q. Were you in the service of the board in any way? — A. Simply un- 
der the commissioiu'r, sir, that was appointed. 

Q. You had no other connection witli the board than that? — A. ]S"one. 

Q, Was any member of the commission connected with the board of 
public works in any way? — A. Mr. Collins, I think, had done some con- 
tractinf; for the board i)revionsly. I do not think any of the other 
members were connected with the board. 

Q. Ilad Mr. Collins been an extensive contractor ? — A. I am not able 
to say how extensive. 1 know he had been doing some work in George- 
town for the board. 

Q. Which Mr. Collins was that ?— A. Joseph F. Collins. 

By Mr. Mattingly : 
Q. Xot the partner of Mr. Jones ? — A. No, sir. 

By Mr. Wilson : 

Q. Who was the other party that was representing this contractor at 
the time of this investigation? — A. I was trying to tliink, sir ; but I 
don't renunnber. It occurs to me, from memory, that there was some- 
body else. J'erhaps it nmy have been Mr. Connelly himself; but my 
faint recollection (not having charged my memory specifically with it 
at the lime, alter we disposed of it) does not enable me to say. 

(}. In what capacity was Mr. Arthur SIiei)herd helping the con- 
tractor? — A. Well, I do not know whether you would call him counsel 
or not, or whether he was his next friend. He was there. 

Q. Managing his side of the (piestion ? — A. I presume that was his 
intention. 

Q. Do you know whether Mr. Arthur Shepherd had, previous to that 
time, any connection with tixing the amount of grading i — A. I do not 
know fr«)m my own knowledge. I only heard tiiat he ha<l been. 

Q. Did you understand at that time that he had been ap[)ointed in 
sonu^ way or another to fix the amount of that grade? — A. I do not 
think that I understood that he had been appointed. I do not think 
that is my recollection of it. 1 know notliing of it myself. 

Q. I understand that. Ilad there been a previfms attempt as you 
understood at that time to fix the amount of the grading '. — A. 1 think 
it was so stated to the commission. 

Q. IIow had that been done ? — A. I couhl not say that. 

Q. Were any ])apers shown you ? — A. I think there were numerous 
letters i)resente(l. 

Q. Letters from whom; do you remember? — A. I think there were 
some official letters from the board t(» some parties and some replies. I 
have not s(>en those letters, and I did not charge my memory at the 
time with it after disposing of the business sonu' four months ago. My 
mcmoiy is not fresh on tiu" subject. 

(^. \N'as any pajiei' shown noii signeil l)y Mr. .'vilhiu' Sheplierd show- 
ing the amount tliat had been fi.\e(| .' — A. No, sir; 1 think there was no 
paper signed by .Mi-. Siiepherd at all. 1 may be wrong. 

(}. Did yi)U go upon the ground when yon niad<' tills iiiNcstigation ? — 
A. We did. sii-. 

(^>. In what manner (Hd yon proceed to fix the amount i>f gia<ling that 



1G60 AFFAIRS IN THE jnSTKICT OF COLUMBIA. 

had been doue there ? — A. We heard all parties to the controversy, and 
pnt onr own judgment upon what they knew about it. 

Q. Who were the parties that you heard ? — A. A number of the offi- 
cers of the board of public works engaged with the eugineer corps. 
The names I i)erhaps could not quote correctly. 

Q. The papers will show '? — A. Yes, sir. 

Q. You took tbeir statements ? — A. Yes, sir. 

Q. Then the statement of whom else? — A. The several contractors, 
and of Mr, Cluss, chief engineer.-. 

Q. Was Mr. Forsyth there ? — A. Yes, sir. 

Q. Did you take his statement in regard to the matter! — A. We did, 
sir. 

Q. Was there any attempt, on the part of Mr. Cluss, to get at the 
amount of the grading by sinking shafts or pits? — A. Yes, sir; there 
was. We went at them and examined the entire work, in fact, the next 
day after taking testimony. 

Q. Were these pits sunk at that time? — A. They were, sir. He had 
them sunk for our benefit, I think. 

Q. Was there any controversy between Mr. Cluss and Mr. Forsyth in 
regard to that matter ? — A. Yes, sir ; there was some little controversy ; 
not to an}^ amount, however. 

Q. What was the character of it ; what was it about ? — A. Well, as 
to who was right and who was wrong. 

Q. Was Forsyth insisting that there was more there than Mr. Cluss 
was insisting there was ? — A. That was the evidence, sir. 

Q. But all the testimony you took is in writing ? — A. I think the tes- 
timony is nearly complete in writing. I do not think it was all taken 
down. 

Q. Who took down the testimony ? — A. Some young man connected 
with the office. 

Q. Do you remember his name ? — A. I do not, indeed. 

By Mr. Merrick : 

Q. Had you any previous acquaintance with the locality ? — A. I had 
been conversant with it nearly ten years, sir. 

Q. Was your judgment made up from the testimony alone, or from 
your own observation in connection with the testimony ? — A. The ver- 
dict of the commission, if you want me to speak of our commission, 
was made up, of course, from the testimony. 

Q. Not from your own observation or judgment as to the quantity ? — 
A. 1 could not, of course, do that. 

Q. Were the witnesses examined under oath ? — A. I think not, sir ; 
my recollection is not, however, clear ; but my impression is they were 
not. 

By Mr. Stanton : 

Q. Have you any positive recollection at all as to whetherit was taken 
under oath or not I — A. I would not like to be positive on that subject. 

By Mr. Merrick : 

Q. What was the entire amount awarded ? — A. It is in black and 
white, and I do not like to charge my recollection; but my impression 
is it was a hundred and some thousand yards ; I have not seen anything 
to refresh my memory about it. 

Q. Did you take the testimony of Mr. Barney there? — A. Yes, sir. 



TKSTIMONV OF TIIOMA.S M. PLOWMAN. 16(11 

By Mr. Ciiinsi v : 

Q. What saliiiy did vou receive? — A. The commission are ofl" duty. 
They have long since made their report. We receive no salary at tliis 
time. 

Q. At the time that you were acting- as commissioner, what was the 
salary ? — A. AVe received six dollars per day. 

Q. How long* were yon in the service as commissioner ?— A. Some hve 
or six months, perhaps. Five or six mouths in making up this award. 

Mr. Christy. O, no; the assessments. 

To the Witness. That was the entire amount of claims presented 
to yon by citizens for damages that they had sustained by reason of the 
improvements? — A. That is a matter of record, sir. 

Q. Wiiere is the report, if you please '^— A. It is in the possession of 
the board, I presume. 

Q. Does it show also the amount allowed ? — A. Yes, sir. 

Q. When was it made ? — A. 1 think some six weeks or more ago, sir. 

Q. Since this investigation ? — A. Yes, sir. 

Q. Did you gi\ e your entire attention to the matter of assessments — 
1 mean the matter of claims for damages during this time '. — A. Xot my 
entire attention. No, sir. 

Q. Had you any contract under the board of public works ? — A. I 
have not had a contract of any kind for four or five years. 

Q. What is the explanation of this charge against you on page 41 of 
the report of James A. Magruder, treasurer for 1873, page 4 : "■ T. M. 
Plowman, for work Western Market ?" — A. As professional architect un- 
der a regular percentage, as any architect receives. 

Q. Was that labor performed during that time '.' — A. O, no, sir. It has 
been performed some time ago. 

Q. Prior to your selection as one of the commissioners to Assess dam- 
ages 't — A. Yes, sir. 

Q. Are you in their employ as architect, and doing occasional service ? 
— A. Yes, sir ; as any other man would. 

Mr. Christy. I would like to have produced, Mr. Chairman, the 
claims for damages preferred and the amount allowed by the commis- 
sion, which is one of the elements of indebtedness of which we are not 
yet advised. 

Governor Shepherd. I have no objection at all to furnish it. 

Mr. Christy. The report came since the investigation began and 
since tiie answer of the governor. 

Mr. Stanton. The award is made and has to be submitted to the as 
send)ly t'ur action under the law ; but there is no objection to furnish- 
ing it. 

Mr. Christy. Tiie ]>oint I make is this: I want to know what claims 
for damages ha\ e l)e(Mi j/icsented. 1 am more interested in that than 
in the allowance, for it may be a matter of controversy still. 

ISy the C.iAiRMAN, (to the witness:) 

Q. I do not know that 1 understand this business exactly. You were 
one of the commission to settle the amount that should be [>aid to Mr. 
Connelly '. — A. Yes, sir. 

Q. What was the award.' — A. it is a iuatter of record, as I stated 
a while ago; my irsipression is that it was about 10."), ()()!> yards, or a frac- 
tion over JO(),(H»t). Jt was something less than the nu-asurenient on the 
one side, ami more than the measurement on the other. 

(f. I understood you to say a while ago th it the commission viewed 



1662 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tlie ground personally, and had some holes dug- ! — A. Yes, sir 5 the chief 
engineer had them snnk for us. 

Q. Was that award unanimous; did you all agree ? — A. The commis- 
siou were unanimous in making the award. 

By Mr. Christy : 

Q. I may not understand you right. Do you mean that you reported 
all the claims both from the city of Georgetown and Washington about 
six weeks ago I — A. No, sir; we reported the Georgetown claims that 
had been acted on more than a year ago ; previous to the last session of 
the legishitnre. 

Q. And the legislature took action upon it? — A. I could not say that, 
sir. 

Q. You are not apprised of that f — A. Ko, sir. 

By the Chairman : 

Q. You say you all agreed to this award ? — A. Yes, sir. 

Q. I tliink I undeistood you to say also that you were familiar with 
that ground"? — A. 1 have been familiar with Washington for the last 10 
years. 

Q. You knew Washington generally ? — A. Yes, sir. 

Q. Did you know this ground in particular! — A. Well, I have passed 
over that very frequently. Yes, I may say that 1 was familiar with 
more of that location than, perhaps, of any other, or as much as with 
any other. 

Q, What amount of filling did Mr. Cluss claim that there was there? 
Do you remember f — A. It is a matter of record. I have really forgotten 
it. It appears to me, however, that there was some 25,000 or 30,000 
yards difference in the amount claimed by the contractors and made by 
the chief engineer. That is my recollection, altliough it is a matter of 
record, as I say. 

Q. Did you make up your mind that there was 105,000 yards there? 
Did you believe that there was that amount tliere f — A. Well sir, I will 
tell you how we came to our conclusion if you desire it. 

Q. I wish you would. — A. The parties representing tlie board of public 
woiks, exce})tiiig Mr. Forsyth, who akso represented the board of public 
works, did not know" anything of their own knowledge seemingly. That 
is the conclusion we came to ; that is, positively, for themselves they did 
not know what the condition of the street or avenue had been here- 
tofore. 

Q. That included Mr. Forsyth, you say '? — A. No, sir, not including 
him, although he was a rejnesentative of tbe board also. Mr. Forsyth 
stated that his long experience and ac<iuaintance with the locality — 
and his whole statement went on to show that ho was entirely familiar 
with all the landm;irks. He exi)Iained to the commission how he made 
ui> his bill of measurement. Some member of the commission — and 
whether it was m.vself or JMr. Morsell the record will show — asked him 
the question how the embankment terminated at Second street east, or 
how he measured it, as it went on to show, I think, that the entbank- 
ment was some twenty odd feet in height. He said that his recollection 
was, and his notes showed that he had measured it perpendicularly. 
The question w;is asked him whether he might not be mistaken on that 
jioint, or whether it was i)ossible, hardly, for a bank of that height, 
composed of ditterent strata of sand and gravel, to remain without form- 
ing a sli<le, it being on an angle of perhaps 35, 45, or 50 degrees. He 
expressed a doubt on that snl>je('t in his mind from recollection. 

The commission, after considering it carefully, and ^talking it over an 



TESTIMONY OF BARTHOLOMEW OERTLY. 1663 

entire eveniiio' — some four or live hours, ])rol);il)l.v, being e\[)t'ii(le(l iu 
reading tlie testimony, &.C., and looking it up — concluded that we would 
give that doubt against the contractor. We threw it, instead of a |)er- 
l)endicular bank, into an incline — throwing it into s(|uare yards; and I 
thiidc we made a difference of between nine and ten thonsaiul .\ards 
against the contractor, deducting it from the original measurement by 
Forsyth, ami so made our award. 

Q. How did Forsyth claim that he knew the contour of the ground 
there before ? — >\. From his familiarity with the location, and his long 
experience iu the city, aud the various landmarks. 

Q. Did you have a ]U()tile before you of the ground before it was 
touched by the contractor? — A. The chief engineer, Mr. Class, had a 
profile of the work as they had it. Whether it was before the work was 
commenced or not, I could not say. 

Q. Is that profile in the papers.' — A. It was from the papers of the 
engineers ofltice. I do not know whether it was returned to the board 
witli the other papers or not. 

Q. Was there any evidence that there had been cross-sectioning there 
before the work had begun ? Did you hear anything about the cross- 
sections b^' the engineer ' — A. 1 thiidc that was called for, and my im- 
pression is that this work had been commenced iu the very commence- 
ment of the new government here, before any cross-sectious had been 
entirely cora})leted. 

Q. You had no cross sections, then, before you? — A. They were sec- 
tions furnished by the engineer corps. You ask me where they were. 
We had such as were furnished us by the chief engineer. 

Q. You do not know, then, w hether the work had been cross-sectioned 
regnlaily by the engineer before ]Mr. Coiuu^lly commeuced the work or 
not? — A. 1 think that there was some doubt on that subject. 

Q. Do you think there were 105,000 yards there, from what you know 
of the ground ? Is that your best judgment now as to the quantity '? — 
A. My best judgment, after hearing all the testimony, is that Mr. For- 
syth's measurement was correct, with the exception of the correction 
tluit we made. That was my judgment, and the judgment of the com- 
mission, or we should not have made the award. 

Mr. W^iLSON. Outside of that? 

Mr. MattiiNGLY'. Tliey want to know your independent judgment, 
outside of the testimony. 

Mr. MuiJBELL. Yes, we will bear your knowledge of the ground. 

A. My own knowhnlge of the ground, so far as that goes, outside of 
any act of the commission or any action of my own at the time, is, that 
the cut was rather extensive and the fill was very great: and my own 
juilgmcnt is, that the award that we made was not excessive. That is 
iny jn<lgnient outside of the commission. 

By Mr. AViEsriN : 

Q. AVhat was the character of the claims over at Georgetown that 
you examined ? — A. I will state that they are matter of record, but it 
was fur <'iiange of grade in most instances, 

Q Did it have anything to do with house raising, or anything of that 
kind '. — A, No, sir. 

BAirnioLo:ME\v Oertly, called as a witness for the District govcru- 
ment, was duly sworn. 

Mr. Stan'TON. ^Ve desire to examine "Mv. Oertly in rchition to fixing 
board rates for grading and hauling, and as to the neccssit\ and value 



1664 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

of cross-sectioiis to ascertain the amouut of grading-, and as to certain 
statements made by Mr. Wright Hives in relation to the avenue. 

To the witness : 

Q. What is your profession f — A. Civil engineer and architect. 

Q. Are you now connected with the board of public works in any 
capacity? — A. Yes, sir. 

Q. What is your relation to the board ? — A. I am one of the assistant 
engineers. 

Q. Did it become your duty to make any calculation in fixing the 
rates of the board for payment for grading and hauling? — A. The price 
for a haul was referred to me for investigation ; or, rather, it was re- 
ferred to Mr. Cluss, the engineer in charge, who referred it to me, I 
investigated the subject and made a report, w hich he approved ; and, if I 
am not mistaken, the board approved the figures which I bad arrived at. 

Q. What was that investigation ? What did you do in order to ascer- 
tain the proper price for grading and hauling ? — A. It was not for grading. 
The price of grading w^as not spoken about to me. It was simply the 
question of the haul. I first applied the engineering formula generally 
used by all engineers m arriving at the haul under those circumstances. 
I got the result. I was not quite satisfied with the results, but I con- 
cluded, on account of some defects which I think are in the formula, 
which is good enough for ordinary purposes, but which does not take 
into account the grading or condition of the streets — I concluded to 
make personal observations. I did. 1 then recommended a price slightly 
less than both these results gave me. I recommended a fair price, I 
think. I think it was approved by the board. 

By the Chairman : 
Q. What was that price ?— A. One cent and a quarter for every 
hundred feet of haul over 200 feet. If you desire,, I will give you the 
formula. It is so very easy and simple of construction, that it is hardly 
worth while to refer to the book. It assumes three things. In the first 
place, it assumes an average travel of ahorse and cart of about a little over 
22 miles per day, say 12,01)0 feet an hour. That makes for a trip and return 
trip 60,000 feet, or one iiundred feet to the minute. That formula as- 
sumes, and I suppose it is as near correct as it can be, that for each 
trip there is four minutes time lost for loading the cart and for dumping 
it. Again, it requires three cart-loads to make a cubic yard. Now, 
if you divide the number of minutes contained in ten hours — 6,000 
minutes — by 4, plus the number of hundred leet of haul, you get the 
number of trips made per day ; and if you divide that by 3 again, you 
find the number of yards made per day at that particular distance. 
This, divided into two and a half, the cost of horse and cart and boy, 
gives you the value of the haul for that particular distance; and if you 
divide that again by the number of hundred feet, you arrive at the rate 
of haul. For instance, you have 5,600 feet, which comes very neurone 
of our hauls. This forniula gives you 6,000 divided by 4 plus 56; that 
is the number of trips ; divide that again by 8, and you, of course, get 
the number of yards ; and divide that result into $2J, and you get the 
cost per cubic yard for the haul. 

By the Chairman : \ 

Q. So that a cent and a quarter was a reasonable price, counting 
$2.50 a day for cart, boy, and horse?— A. No, sir; the formula gives a 
little over a cent and one third, and my actual observation which I made 
—by the by, I would state that I also measured the carts, because I 
w^as not quite satisfied whether it took three cart-loads to the yard or 



TESTIMONY OF BARTHOLOMEW OERTLY. l(i()5 

not, and I found tliat tliroe cart-loads exceed a little a cubic yar<l — in- 
stead of 27 feet tbey nuide 28. JUit 1 was satisfied with the general 
assumption of three loads to the cubic yard. 

By i\[r. Stanton : 

Q. Then I understand yon to say that, after this careful observation 
and calculation, you made report to Mv. Class, who a<lo[)ted your report, 
iind your action and that ol' Mr. Cluss was made the basis of action by 
the board ? — A. Yes, sir; that was made the basis of the action of the 
board. 

Q. Give us your professional opinion as to the necessity and value of 
cross-sections in ascertaining the amount of grading on streets ? — A. 
There is no actual necessity of cross-sections. What we want to get at, 
and the correct thin • , is an accurate record of the surface of the ground as 
it was, and then of tlie surface as it was, and the difference, of course, 
gives the actual quantity of grading done. Measures after that are cer- 
tainly very various. The i)rinciple of cross-sectioning itself is only au ap- 
j)roximati()n. You take a section at each end of the body. Y'ou average 
them, and call the prism formed by that averaged section and the length 
of the prism — you call that the quantity contained in that particular sec- 
tion. This is only in one case mathematically correct, and that is when 
the two sections are identical in size and in shape. The further the cross- 
sectious vary from each other the greater the error is ; and in the case, 
for instance, where the body which you want to calculate is a pyramid 
instead of a prism, the error is as high as 50 per cent. Between 
these two extremes there are, of course, numerous errors. 

Ther(i is one formula which is a little more accurate, but still subject 
to errors. Still, for railroads and roads and streets in general, I thiiik it 
is the method of best records. It is the easiest record, and on the whole 
I believe comes nearest to a mathematical proof. Of course we never 
can reach that anyhow. Where the shape of the ground is irregular — 
I mean where it is not a street or a railroad, but a large area — I certainly 
would not use cross-sections. I would in recording my ground try to 
find the lines of even altitudes, and connecting them by curves, and then 
this record gives you a more concise idea of the surface of the gi-ouud. 
Then you can apply these geometrical figures which come most approx- 
imate and nearest to the actual surface of the ground, which of course 
vary. You use the prism, the pyramid, sections of spheres or cones. 
What I mean to say is that you would use these correct geometrical 
figures which would come nearest to filling the body. 

By Mr. Bass : 

Q. What method did you adopt in fact? — A. We adopted cross-sec- 
tioning. I would say that in the early part of the work we had not that 
record by cross-sectioning; we had the old grade-book, and that was 
about the only record we had. 

(^. Wiiere cross-sections were not made you had no method except 
after the work was done to go by tiie landmarks and ascertain as 
nearly as you could, and nnike a rough estimate? — A. Yes, sir; not 
always longh : very often you could ''oinc very neai- it. 

Q. How do you know yon can '. Yon had no method of testing your 
results. — A. Well, 1 do not know. 

(^. You did not have the cross-sections, and yon did not have your 
surface-measnrcMients ? You say you conhl arrive at an accurate result • 
Imt how do you know you could so long as you had no test to ajjply 
to it to determine its accuracy f— A. There is some test lelt. In 
the first place, you can test the landmarks and the contour of the 
105 DOT 



1666 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ground, except where it bad been broken ; 3"ou can re-establish them, I 
mean, as well as Cuvier could establish the bones of some lost ani- 
mal. But the reason is the main thing, and we want a correct record. 
Where we have not got it, of course we are left to the best authority. 
Sometimes, however, those very records from profile can be erroneous 
just as well as a measurement on the ground or from the landmarks of 
the ground. 

Q. By observation of the landmarks after the work had been done, 
you were enabled to ascertain how much excavation had been done at 
a given place by measuring the height of the landmarks from the op- 
posite side of the street ? — A. Yes, sir. 

Q. Was not that simply ascertaining then what a cross-section would 
have been if you had made one! — A.. Exactly, sir; it is virtually re- 
storing in mind a cross-section formally made. 

'(). Then would not your work have been a great deal more accurate 
if you had made your original cross-sections before you had taken your 
chances of an obliteration of the landmarks ? — A. Most certainly. W here 
I had a chance I certainly would have made a section ; I would not say 
a cross-section ; but would have taken the levels. 

Q. Where did you in fact make cross sections before the work was 
done? — A. Do you mean myself? 

Q. Yes; you or the corps of engineers in charge of the work. — A. I 
think, after the spring or early part of 1872, we tried to make cross- 
sections and take levels everywhere, and did do our best. 

Q. Then in those cases where you did make cross-sections, did you 
use those measurements to ascertain what amount of work was done, or 
did you adopt the other course and examine the landmarks "? A. Xo, 
sir ; wherever I had a cross-section I preferred that to the landmarks. — 

Q. Do your records in the office show exactly where you made your 
cross-sections, and have you still preserved the measurements made! — 
A. I think they have ; that is a branch which belongs more to Mr. 
Barney than to me. I only acted in exceptional cases. 

By Mr. STANTON : 

Q. What degree of care was taken in making these measurements ? — 
A. Well, we tried to really get at it the best we could. We used all 
care. 

Q. To your knowledge, was the best done that could be done in order 
to ascertain the correct measurements ? — A. I think so, sir. 

Q. And, in youropinion, in the main were the measurements correct ? — 
A. I think so, sir. 

Q. On page 1121 of the testimony of Mr. Thomas Evans, I find some 
statements made in relation to sewer-pipe which 1 will read : 

By the Chairman : 

Q. Have you any further statement about tbei)ipe ? — A. I have, sir. I have collated 
the whole of the pipe that has been used by the board of public works for the Govern- 
ment. 

Q. State what would have been the reasonable cost of that. — A. I would uudertake 
to put all the pipe down that they have put down for the board of public works for 
.fl.GO a foot. 

Q. What is the average price paid by the board .' — A. Four dollars and seventy 
cents. 

By Mr. Wilson : 

Q. That is what they charged the Government, is not it — $4.70 ? — A. Yes, .sir. Or, 
in other words, I will put down the whole amount of this pipe for $100,000 which they 
have charged the United States $283,000 for. 



TESTIMONY OF liARTIIOLOMEW OERTLY. 1G07 

Hj the CiiAiiniAX : 

Q. Have you a list of all the ])ii)othat yon refer to now in yonr statement ? — A. Yes, 
sir ; so far as the Government is conecrned. 

Q. Explain to the committee what that statement is which you hold in yonr hand. — 
A. It is the amount of pipe put down in each and every street ; hut it is not where it 
IS collated. You can refer to the re^jorts for that, however. 

Have you collated any statement in relation to the cost of sewer- 
pipe and the amount charged to the Government? — A. Well, I have 
not with regard to the cost of sewer-pipes. I have in regard to the 
price charged to the Government. 

By Governor Siiepheed : 

Q. In regard to the sewers charged to the Government of the United 
States, showing what the Government paitl for thcmand what they cost the 
boanl of public works ? — A. 1 have done so. The reason is this : I am 
responsible for that price, $4:.70. I gave at the time the data, 1 think, to 
General Babcock. and he approved of it, and 1 felt a great deal of inter- 
est. That being my judgment at the time, was not far from the truth. 

Q. Produce the original estimate, aiul state how the result verifies it. 

(Witness i)roduces a document as follows:) 

In consequence of the sewers, which had to be measured in January, 1873, being of 
many different sizes, 12-inch, I'j-inch, 18-inch, '20-inch, and 24-inch pipe-sewers, and 
•^ome IM'oot. ;^l-foot, antl 4-foot brick sewers, (not to speak of the largo Tiber sewer, 
li-street intercepting sewer, Missouri avenue, and Hlash Run sewer,) and all of 
the above of dillerent depths, varying from 9 feet to 20 feet and over, and for the pur- 
pose of facilitating the measurements and accounts, an average size of sewer wan 
assumed, and it was thought that the cost of an 18-inch i)ipe-sewer would be nearest 
that average. 

This cost, reduced to linear foot of sewer, was arrived at thus : 

18-inch pipe at wharf, board's ^irice $1 40 

18-inch pipe, laying, Ijoard's price 22 

2-i',r yards of excavation, at 40 cents per yard, board's price 84 

1 man-hole (§73.92) per 12.) linear feet (iO 

1 trap (>il4.j.3;5) per 170 linear feet 'Mi 

3 92 
For breakage, shoring, rock excavation, caving, superintendence, 20 per cent, 
contingencies 78 

Total per linear foot 4 70 

By Mr. Stanton : 

(^. I understand you to s;iy that you are responsible for the price 
chargt'd tlic Govenmu'nt — *4.7(>? — A. 1 am. 

Q. Can you explain how tliat price was fixed? — A. I (!an do so. That 
paper shows (refeniug to document jtrintiid above) 1 arrived at that at 
the time, and on getting over all the amounts paid by the Government 
for sewers, and the amount due to us from our voucliers for these vari- 
ous .sewers, 1 tind that the total amount ]y,\\d by the (Government is 
•'5484,814.44, and the total amount due, according to our vouchers, with- 
out any live i)er cent, added, is '5485,380.38. 

IJy the Chairman: 

(^. Wliat do you mean by the amount due ? — A. I mean if tho.se 
same .sewers on these various streets where we charged had been pro- 
cured from our vouchers 

Q. Voucliers that yon pai«l ' — A. IT the cost had been i)ro(^ured now, 
as tliey all have heen measured and settled — if that vAtst, instt'ad of 
liaving been put down as it was done, by me, or as it was jnoposed by 
me — if that was cliaiged according to our vouchers, the am >UMt would 
be 848rj.(»0(> instead ot .'<481,(»M>. 



1668 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. STANTO^' : 

Q. Then, in other words, is the price charged to the Government less 
than what the work cost the board?— A. From this statement I 
would judge that I came very near the mark. 

Mr, iVlATTiNGLY. Within a thousand dollars. 

By the Chairman : 

Q. Let me see if I understand you correctly, Mr, Oertly. Do you 
mean to say that you have examined the vouchers which are the amounts 
paid by the board of public works for this work ? — A. Yes, sir. 

Q. And that it cost $1,000 more thau the Government paid? — A. Yes, 
sir ; that is what I mean. 

Governor Shepherd. Here is the statement in writing in detail. 

Mr. Stanton. We desire to put that in evidence. The statement is 
as follows : 



TESTIMONY OF IJAKTHOLOMEW OERTLY. 



1G60 





a 


(X> 


o 


o 




^ 


_ _ _ 


o o » LI '■; 


t- 


Tl X L-5 


to o 


X 


=-. o o o 


0-* 


-J CI in 


c o o o in X 




S 


<- 


o 


o 


ct d o o 


1- T» H to « O 


to 00 t^ 


oo 


o r-. (^^ o t- 


tOlT-CTll-rsintotOT^UUirs 




r>» 


o 


r- 


o 


rt O O 00 


•» r^ 1- lO 1- o 


(T! L-5 01 


O X 


?5g!;:?3 


C: 


C 


1.-3 X — • X t; o o ^ 5} 2J 




00 


1-5 


o 




rt o c: c^ 


to ro o •-' o 




e» X to 


!-■» 


c< 






t-to?oc^rcihMioc5 




m 




o 


5» 


r- O O — 


to — J5 X C5 lO 




r- to 


00 c» 


(?»■» lT CO 


T 


c 


to 


3J 


^ 


^~' 


ro 


ITj'f'V to" 


Cirfr-"-)-" 


'"' 


S 




" 


»-l rH 


-^'i-Tr^-Ofto" 






(f»r,"„" (-,-,■■ rn'cf 




to 

f 

oi 






i 














si 








C6 




', ', o 


X 

a 




























• o - 


X 










© 




o 






o 




<*►<»«-« ^-^a 


I 






n 
<*• 

CJ 

"3 

o 


p 

•* -: ? 

M V. _ 


*?' r^ -^ 






I X i. 

; ©"a 

it; 5 

iii 

:2| 

. \9t 


H 

a 

a 


a 
a 

<M° 

1 

s 


; ® 

• o 

; a 

• to 




P 

a 
*^ 

o 

CO 

u 

s 




• • r- p 
; 'Sa 

1 id? 

•■» X -■" 

!5 il- = S 


si il i il?t?=§:^|6 

o5 >:« X tH 2 i: +^ ^ 

■O'c'p^P^p'p'pp^'p 

^£££S£iS2££2£§ 
•gaja)£22222222o 
4i-'o'3 S:~'«'o'o'3'3'o'32- 


Actual cost to board o 


o 

1 
a 

i 

6 

o 


o 


1 

a 

w 

Em 

p 




i'-S — tS 

^ ca ce a 

^33 3 

<5 O ffl o 


> 


o : p.? 

o'o| X 


3 

a 
"S 

5 


§ X- 

3^ 


■■o ^ 

II 

3^ 


P ^ 

a ^ 
ci - 

tS 

=^ 

rt^:5 
Op 


§ = ■£•11 

f^-z;^=p 

t.-t« p p 




£ 


^ 




;- ^ 








a *^ 




5! ''' 


^- i" fc; ^ S 




« 


2 




S — 


c a a a 


o E ^ c o 


^■ 




■y "^ 


P -^ 

"3" 


S ^ p o^ 




5 


S 


c 


c .^ 


= J J J 


5 r r 5: r 


1 


•fi 


-3 'S 


iggspSig 


tPaS^^'saaas a* 
Sppppopopppp-S 




> 












X 




•/ 


rH 


> > 


'^ > r- K* >- 




S 


s 


= 


a X 


= ® "S "S 


S = 3 = a 


a 


i- 5 




a 




psasss 


X : 




= = p = p = = = a"S 




p 






£ S 


£ p = o 


p ? P p p 




■2 P 


P p 


p 5 


^ P P C P P 






































S 


p^ 


p^ 


" 


f^;^;^^ 


ji. iij S 5^ ;i< 


^ 


Jj^ 


^^ 


P^-^ 


f^'f^.'^'r^'^ 




;i,^^rt,f^^~;^i^hHMH 




„ 


IC 


o 


o 


t^ o o « 


o t- oo 










' !"* 


O O O i^ 






^ 


■» 


o 


1- 


o 


o 


to ooao 


o too o 












o ooto 






r3 


a 


o 


.J 


■^ 


o 


to OO-l 


o» X o t~ 










• T» 


c o -r X 






^ 




CJ 


o 




o 


— lo n — 


c:: t- fN •;> 










' ^ 


L- TT o ** 










7 




« 


T-" 


i- 


■o o o o 


o r: 00 1- 












^5 - .,-; r- 






— 


= 


*-r 


n 


5r 


yi 


X't-'i- x" 


— *"— T-f *r 










i r-T 


Ci r^'to 


' 






•.i' 


<: 


i"«i 










r^ ' n 






















— 






_- 




_^ 






X 






' * -*j 










I X 


















;m 


X 


5 








• • ^ 




1 ! It 
■ • 9 














^ ; 












o 


00 


•^ 






t> 


' ■ ^ 




'' \ r. 










i'^ 




,S I 












"£ 


c 


b 






~< 


\ \ ^ 




•>i . ':'■ 










• "^ 




o ; 












s. 


^ 


S 






9 


'. ' * 




X ii 










;--i; 




S ! 






































■ o 
















»»'< 


_2 


p 


"S 


■^ 


• • y 




-••is 
■Pi2 










opi 


?2-£ 










X 


p 


a 
o 


a 




'X_^ 














Us 


<2 S.5 

S ^ o 










O 


a 

« 
'a 


o 

P 

S 




1 

"x 




-o 9 

'■ i* ' 
' ". p 

ill 




2!-2 
■^ o a 
p o i; 
> ~ > 

? « » 










— 3 


5 i 5 

11! 

*3§ 

p t? c 

S" £ 2 " 










es 

■■J 

1 

o 


a 

a 

S 
o 

i 

s 

a 


5 

- "« 
a o 

E ^ 

O i- t-" 


■A 

'■n 
p 

P. 
5 5 


P X t- > 

t! - -s 
^ ? "-S 

Jll{ 

li21 




? p fe 

a t« S 










7. ~. 

if 

~ a 








1 




-w 


c5 


"I -" 


■T a 


*i i '^ ~ ^ 










a s_: 


c5 5 5 2 


^ 






^* 




o 


5 C' 




> a 














a"?- 2 


111: 














\i *- 


Z "^ 


c3 Ti 


^ ^ S X 










'?: t? p 


S C3 3 i 








;^ 




£ 


;? 


H 


?5 


kh;^o 


"I^J;^ 










:53 


S?^?,?' 








>^ 


I. 


CO 


V 




lO 


irs u-i ui -i 


to -^ — 'm" 










T* C» 


IN ««' r 








rs 




s 


o 




<=> 


o oo = 


o — — — 






















c •? 


*r 




•r 






-r T ^ "P 










-r -r 


f T 'r ■^ 








"^ 


o a 


& 


® 


Of 


^ 


;, i s o 


a< £' c> p 










^ - 


1) o t c 








c^ 


* -^ 


tt 


it 


U 


U 


W U U bjO 


u t* ti tt 










u;t 


M tl tl t 


t 






u 


.* ^ 












_r: s « s 










cc n 


to a « ■■ 










"^ 


-'"' 


'■"' 


f,^ 


^ 




* 


_ * 


m^Zmm 




, ^ 


1 * " 
















, • ^ * 








' 







1670 



AI FAIRS IN THE DISTRICT OF COLUMBIA. 



CO o i-- 

Cl O O 'X 

•V at « ao 

on — t- 



1 c o 



O 2 I- o 



c; « -T o -H t- c 

-^ —I lO o o I.- o — 

t-^ — < in ^t_ f- in — * t- 

t- ^ 'i m t- o X i- 



0) 








.iS 


KPM 






a 


o o 









T. '< 




















V • 


. ^ 




• OB. 


o '• 














. 0) 
















'• ^ 


o • 






• o 




: ^ 


<s> . 


■ H 








: o 




• ^ 


« : 


: « 


03 ' 


■ H 


of ' 


! ^j- 


s : 










•• ^ 


< '■ 






: B 


< . 


2 6 


^ 


3 u-< 





^-i • n L-s <c- 



« r-l L- r-( 



« o « 



OT 


o o 


CS 


f- t- 






e 






o o 






P^ 


hp^ 



h-i s 



■lb 

S 2 






« 4) 



1^ rt 






ail C 5 



;H 



"rf OH:s ii 






§» 



'•3 -a --g - 
a o X P^ o j: 3^^ o 

^ S S !i^ f=^ S 



■F5pd;5« 

B t;S'g £ > 

O ® ,, J- « < 

S « e » o < 

j3 S g*^ p 

'' c^ '' 

C 3/ « fl 

5 fc. j; C5 

2M 3 2 






:zi 



? — 



o 



, IB • *- 



... » !,_ -^j 



ii = K -3 S 



5 X p p ^- s o 



05 a » 

u ;- L< 

c 3; 3j 

'o'S'v 






-i Kfe-^ 



^ El (.. 

<D ^ O 
^ J — 

o a o 
coo 



f=< F=<f2 



a*sai 

2^22' 



sa 

® c 



oo^phS <;oi5feS5— 






000'.C0 OOOOOQO 

o^(xxL■^ ccoooorto 

-a-osrcf-oj r-i'.ccot-ojo»o 

oo I- C-. ir. t- XXX c. s: x c. 



(If 



'2 °^ 

"^ *^ a) 

IS » 

SS2 
"S S i: ^' a 

® H'r<^ 2 



-aJ^i-S ■=. 






p -^ o a^ 
w § g o 

CO — *;' oi 

'^ +i O 0; 

OS "i^ 



_t-="cc" 



£ K ® « 

c o^ a> 

as j«| 



o o— a 



i: £-:= o 

C^ .M J2 O 
HHO( 



>-.« « 



5-- 






*- o - 
a c » 

_— ai !C 

2 «'S 



•a ^c3 



;33 : • .l^; 



E £ ^ 



« =7 a • •'H 



\(n 






c3 ? ,..0, 9-^ = 



.3 


©s 


0; 
05 


Ph 


C 
-H 


_2 




S 


i: 


r. 


X 


























d 

c 


r &^-a 


> 


a 


;« 


"? 
* 


5 


"i^ 


it 

5 


5 
a 


Ph 








« 


u 




« 


W 




liH 



; :«■= 
: -.zt 

■ :w1= 

• ■ _"e 

• ® X a 
; a » t 

2 V C *.- c 
=* S = I "S 

oj o ai fc: > 









.;:: a; X ^ 

s 5 a B-^ 
<ip-'a2xa 



® © o 
test be 








fxl^pl 


P-lfr( 



©0®00©©©1jD®©4> 
Wl tU bt M bl M) at bC bH bt be M be 



TESTIMONY OF BARTHOLOMEW OTERLY. 



1071 




"I -?" - 



rt r5 ?^ ri ?*; ro n ! 

tc tt tt t£ tt tc tt ti ti u. tc 



OC- C: Cl C. O O — -^ CI 11 'O 



^ rs r? -?"»• -r 1.-5 



1 X r- 1^ r- T) 

1?5 

^ ^ 1, ^^ ^ a> & 
_ ;t tc tt tt tf ;t bt to 

a _;! a _s _a _js ^s « a _s ^« ^s r: rs a ri ~ p ~ ^ ^- ^- 



o iC 



o o c 
tt tc tc 



1672 AFFAIRS m THE DISTRICT OF COLUMBIA. 

By Mr. Stanton : 

Q. Could the work shown in your statement there have been done for 
11.00 a foot, as stated by Mr. Evans f 

The Witness. For what ? 

Mr. Stanton. For the sewers they have colhited in your statement ? — 
A. That coukl have been done for a twelve-inch sewer, but it would be 
impossible to appl}^ that rate to a fifteen-inch sewer. 

Q. I am asking you about all the work that you have referred to in 
your statement. Could it have been done for $1.60 a foot f — A. Ko ; 
that would be utterly impossible. You could not lay a four-foot brick 
sewer twenty feet deep for $1.60. 

Q. Have you prepared any statement in relation to a statement put 
in evidence by Mr. Wright Rives on pages 1306 and 1307 of his testi- 
mony in relation to the avenue ? — A. 1 have in relation to the avenue. 

Q. Will you produce that statement ? 

[Witness i)roduced the statement, which he read, as follows :] 

Page 1307 — testimony of Wright Rives. The statement occurs that the following 
amounts were overcharged to and overpaid by the United States Government, viz : 
On Pennsylvania avenue, from First east to Seventh east, and from Fif- 
teenth west to Rock Creek $57, 248 Dfv 

On Connecticut avenue, from H to Boundary :>, 333 34 

On Massachusetts avenue, from New York to Boundary 10, 165 35 

On New York aveuue, from Fifteenth to North Capitol street 11,862 24 

On Louisiana avenue 4, 334 67 

Total 88,944 56 

The statements in detail hereunto attached will show that not only no overpayments 
were made hy the Government on the above avenues, (except Connecticut avenue,) 
but that a large amount of mouej' is due on the same, viz : 

Amount due. Overpaid. 

Pennsylvania avenue !|1, 136 39 

Connecticut avenue $4, 976 79 

Massachusetts avenue 53, 016 47 

New York avenue 374 94 

Louisiana avenue 4, 510 83 



59, 038 63 4, 976 79 
4,976 79 



Due by United States 54,061 84 

Pennsylvania avenue from Fifteenth street to Rock Creek and First street east to 
Seventh street east : 
United States property from Fifteenth to Rock Creek : 

North of 15, 0.6 39 

North of 26, 1.6 80 

North of circle, 5 250 

South of 78, 4.62 231 

North of 101,4.62 231 

South of 105, 4.24 212 

North of 141, 4.4 220 

Lafayette Square, 14.12 706 

Executive grounds, 30.4 1, 520 

3. 430 

Pennsylvania avenue from First street east to Seventh street east: 
United States property from First street cast to Seventh street east : 

Square 730. 2 100 

Square 731, 1.92 96 

South of 761. 1.72 86 

Reservation 4-6, 10.25 , 512. 5 

5.35 267.5 

10.20 510 

5.80 i 270 

1,842 



TESTIMONY OF BERTHOLOMEW OERTLY 



1673 



Fifteenth street to Rock Creek !|224,842 09 

See board report, 1672, table XII : 

Less sewers and water services ^, 216 50 

Less Washington and Georgetown Railroad Company 11, H42 (iO 

Less intersections VJ, 07U 30 



34, 138 40 



190,703 09 
Less one-third 03,567 89 



3,480 United States 127, 135 80 

5, 937 private property, 3,480, at 6.757 23, 514 36 

63, 567. 89 

9. 407 rate .$ (i.757 150, 650 16 



9.407 

I't'iinsylvania avenue, First street ea.st to Seventh street east : 

Board report, 1873,* page 156 

Less intersections ^7, 234 50 

Less carriageway through reservation between Fourth 

and Sixth streets, at §4.26 31,311 60 

Less soiling and seeding 3, 445 00 

Less curbing, siding, and grading 11, 589 45 



Less one-third. 



!^314,380 05 



.53, 530 55 

260,799 50 
86,933 17 

173, 866 33 
26, 690 58 



I'nited States property 1 , 842, ratio ]^- 

Private property 4, 156 

5, 998 86,933 17 

5, y9« 

Work through square in full, as above 46, 346 05 

\Vork through square, chains and posts 3, 780 00 

Due by United States from First street to Seventh street east 250, 682 90 

Due by United States from Fifteenth street to Rock Creek 150, 650 16 



Payments made — page 414 , $171, 746 90 

I'ayments made — page 414 146,743 43 

Payments made— page 422 3, 780 00 

Payments made — page 427 ^ 77,926 40 



Balance doe 



401,333 12 



400, 196 73 
1, 136 39 



Massachusetts avenue, from New Jersey avenue to Seventh, Ninth to Fourteenth, 

Fourteenth to Boundary : 
T'tiited States property : 

Square 67,3.6 180 

North of .sfiuare 114, 1.7 So 

West of square 316, 2.() 130 

South of s(|uare 341, 2.5 175 

Sf)iith of square 371, 1.0 .50 

Soutli of s([uare 484, 1.22 61 

West of ,s«|uare 485, 2.9 145 

West of wiuare 516, 2.0 100 

West of S(i uare 529, 2.7 135 

South of square 528, 2.7 135 



f 4, 1.5,6... 
I 4, 1.3, 7.2 . 

Scott's statue {^^^Ji^l'Jj^; 



I 



300 
36U 
320 
180 

1,169 



United States proportion. 
Pri vate property 



1,196 



1, 191; 

1, 169 

12, 431 



1674 AFFAIR8 IN THE DISTRICT OF COLUMBIA. 

Total cost of street improvement §511, (J'^4 7fi 

Board report, 1873, page 153, less i 170, 561 59 

341, 123 17 
•2365 at 11.53 27,268 45 

Due by United States : 368, 391 62 

Paid by Government, page 406 $39, 654 40 315, 375 15 

Paid by Government, page 406 459 58 

Paid by Government, page 412 182, 943 55 Due . . 53, 016 47 

Paid by Government, page 428 12, 763 20 

Paid by Government, page 436 13, 382 07 

Paid by Government, page 436 11,114 00 

Paid by Government, page 439 2 ^' q^q ^q 

Paid by Government, page 454 6, 919 85 

Paid by Government, page 437 22, 108 10 

Paid by Government, page 437 20, 030 40 

315,375 f5 

New York avenue, from Fifteenth street west to Ninth street west, and from Seventh 
street west to North Capitol street : 

United States property : 

Square 251, 2.4 . 120 

South of square 317, 4.2 210 

North of square 344, 3.9 195 

Square 372, 1.6 80 

605 

From Seventh street to North Capitol street : 

Square 4.51, 1.7 85 

South of square 482, .3.7 185 

Square 515, 1.3 90 

Square 524, 2 100 

S(|uare 555, 2.5 125 

North of square 557, 4.7 235 

820 

Seventh street to North Capitol, (page 167, B. R., 1873 :) 

Cost of street $1 45, 375 58 

Less sewerage and water-services •! 1, 950 00 

Less intersection 3, 979 85 

. 5,929 85 

139, 445 73 
Less one-third ^ 46,481 91 

92 963 82 
U. S. P., 820 linear feet, at $7.88 ., 6,461 60 

P. P. 5,080 99,425 42 

5, 900 R. 
Fifteenth to Ninth, (Table XXIV, 1872 :) 

w. 123, ,552 26 123, 552 26 

Less intersection 5, 563 80 

R. R.. 2,214 40 

7,783 20 

115,769 06 
Less one-third 38,589-68 

3,280 77.179 38 

605 linear feet, at 9.93 6,007 65 

3, 885 rate of assessment, 9.93 83,187 03 



TESTIMONY OF BARTHOLOMEW OEllTLV. 167.5 

Due by Uiiitefl States ou same, from Niuth to North Capitol $91), 425 42 

Dtio by United States oa same, Niuth to Fifteenth streets 83, 187 02 

Total 182,612 45 

I'avni.Mits made— page 414 35, 582 72 

page414 157,700 72 

193,283 44 
Less amount iueUuled in above for avenue, between Sev- 
enteenth and Eighteenth stre<Ts 11, 045 93 

182,237 51 

Balaueedue 374 94 

Counccticut avenue, from A to S streets and K to Boundary streets : 

Total cost 8184,773 52 

Less P-street cirele, ( viz, curb and concrete ) 25, 451 20 

159, 322 32 
Less one-third 53,107 44 

P. P., 7294 100,214 88 

V. a., 140 (viz, east of square 93, 1.5) 75 (7.14 ) 999 00 

7434 (eiist of square 139. 1.3 (55 

]4(» 107,214 48 

Slash Run at Eigliteeuth and T strciit, 000, loss ouc-sixtli 8,075 00 

115,289 48 

Pavmcnts made— page 411 .$10,000 od 

104,200 27 

120,200 27 

Overpayment 4, 976 79 

Louisiana avenue, from Pennsylvania avenue to Tenth street. (H. }{., XXV, 1872.) 

Cost of street from Ninth to Tenth $27, 384 64 

Intersection of Tenth 819 20 

28,203 84 
Less one-third 9, 401 28 

18, 802 50 
Add for work between Ninth street and Pensylvania avenue, (governor's 

answer, page 433.) wood pavement 3, 902 50 

Curbing and sidewalks 1 , 028 50 

23,733 50 

Pavments made— page 411 !?14, 291 7:5 

•page 433 4,93100 

19, 222 73 

Balaueedue 4,510 83 

Vermont avenue, (B. R. 1872, XXXV.) Total cost 37,944 34 

Less eliargeable to inter.seetion of L street 889 (iO 

37,0.54 74 
Less one-third 12, 351 58 

24,703 10 

Payments made— jiage 415 S20, 993 47 

page 407 2, 2.53 34 

23,220 81 

Balance due 1, 470 35 



1676 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Mattingly : 

Q. I understand the result of that statement to be about this. Mr. 
Rives's testimony shows that the Clovernment overjiaid on this avenue 
about $88,000 ?— A. That is what he states. 

Q. But your statement shows that the Government has in fact under- 
paid about $54,000 on the same avenue ? — A. That is exactly my belief 
and my statement. I would like to remark in this connection that a 
remeasurement and a restatement of the Government work would be 
very well, because we have now all the vouchers and accurate measure- 
ments in, and any statement now, instead of being approximate, can be 
correct. 

By the Chairman : 

Q. Do I understand you to say that on this avenue, estimated bj'Mr. 
Eives, on pages 130G and 1307, in which he makes an overpayment of 
$88,000, you make an underpayment of $54,000 ? — A. Exactly so. 

Q. Have you made calculations upon every avenue ? — A. Only upon 
those mentioned. 

Q. 1 mean those mentioned by Mr. Eives ? — A. Yes, sir ; in detail. 

Q. From vouchers '?— A. The expenditure is from vouchers, and the 
way of partitioning bettveen private parties and the United States is 
from measurements. 

By Mr. Wilson : 

Q. Do the reports of 1872 and 1873 show anything different from 
what Mr. Rives stated ? Don't the reports of the board for 1872 and 
1873 show exactly what Mr. Rives stated ? — A. The way Mr. Rives ar- 
rives at those were correct enougli in themselves, and yet they are in- 
correct in the result. 

Q. Whose fault is it if they are incorrect '? — A. In this connection I 
may say that the measurements — numerous measurements made against 
the Government — have become very intricate and very complicated, and 
in some instances I must even say bungling. As I stated a while ago, 
the only way of straightening them satisfactorily now, would be a re- 
statement and remeasurement. 

Q. Who bungled them ? — A. In the first place, there were a great 
many measurements at various times before the principles were clearly 
established. 

Q. Have you established any new principles of measurement re- 
cently? — A. No. I think the act of 1873 certaiuly established a princi- 
ple very clearly, which, for instance, we did not have in 1872, as you will 
find, in the board report of 1872, an amount charged to the general fund 
on Pennsylvania avenue, which ought not to have been charged at all, 

Q. Mr. Rives did not bungle up these reports ? — A. I did not say that. 

Q. Who did bungle them up? — A. Well, I suppose I was a party 
to it. 

Q. Then, you came here, not to correct Mr. Rives's statement, but to 
correct your own statement. Is not that a fact 1 — A. Well, I correct both. 

Q. Wherein is Mr. Rives's statement not correct ? He said to the 
committee that he knew nothing about these things except as he found 
them in the report of the board of public works. Has he made any inac- 
curate statements in regard to what is shown by the reports of the board 
of public works ? — A. If Mr. Rives will take the same avenue and the 
statements of the cost as they were made up 

Q. He has no access excepting to anything wliich you have shown to 
the public ?— A. Well, if he will take' the frontage of the property on 



TESTIMONY OF IJAKTHOLOMEW OERTLV. 1G77 

this aveuiie, he certainly will find that there is no over|)ayment or any 
overcharge. On the contrary, he will hnd that there was an nnderpay- 
meut. 

Q. Xow, how have you ffone to work in order to get this thing ont of 
its bungling condition :' State to the committee exactly what you have 
done. — A. I have Just read it, sir. 

Q. I know you liave read your results, but what I w.int to know is 
how you got at your results. Did you go to any papers wliicli you 
have in your office ? — A. This very statement shows it clearly. There 
are no papers outside, except — there is uo paper outside at all. 

Q. Have vou resorted to anything except what appears in the reports 
of 187li and'l873 ?— A. No, sir. 

Q. Nothing at all ? — A. Nothing at all ; it is all there, and in the gov- 
ernor's answer. 

Q. This can all be deduced from the reports of 1872 and 1873? — A. 
Yes, excepting in the amount of Government property. For that you will 
have to use the map. Their rei)()rt does not show it, but our maps do. 

Q. You were engaged in getting up an account against tlie Govern- 
ment of the United States and invohing very large sums of money; why 
<lid you not put this in such a shape as that the citizens aiul officers of 
the Government could understand it without au explanation outside of 
what appears on the face of your papers ? — A. All 1 can say is, that if I 
had to do it o\er again, I would certainly make the statement far clearer 
than I succeeded iu getting it. 

Q. How long have you been in the employ of the board of public 
works ? — A. Since the summer of 1871. 

Q. As an engineer all the while ! — A. Yes, sir; not as assistant engi- 
neer all the while. 

(^. Who is your superior ? — A. Mr. Cluss. 

Q. Prior to him, who was your superior"? — A. Mr. Phillips, Mr. Mul- 
lett, and Mr. Greene. 

Q. Do you wish the committee to understand you as saying, as an en- 
gineer, that a profile of the streets and cross-sections is not necessary to 
accuracy of measurement ? — A. 1 did not say any such thing. 

Q. Y"ou do not wish to be so understood ? — A. Not in tlie least. I 
say, on the contrary, the more correct your record can be the better it is. 

Q. Now, i)rior to the time that IVIr. Barney came in as engineer in this 
office, did you make any profiles or cross sections ? — A. Wherever I had 
anything to do with it I did. 

Q. Were you an office-man, or a man who did outvside work ? — A. I 
was principally an office-man. I only occasionally went out; in a very 
few cases. 

Q. Is it or is it not a fact that prior to Mr. Barney's advent into this 
office there were rarely profiles and cross sections made ? — A. I should 
say yes'; very rare. 

C^. It was veiy rarely done ? — A. Yes, sir. 

(}. Is it or not the fact that contractors were i)uf upon streets to dig 
them up before the engineers had an opportunity to take any sort of 
iru'asunMnent with a view to ascertaining accnu'ately the quantities of 
grading ? — A. Well, I suppose such cases took place. 

(}. In all these cases, what had you to rely U[)on in order to get at the 
amount of grading that was done? — A. TJu're was only the old grade- 
books in a great many cases, and, besides that, landmarks. 

Q. Would the old grading-books sliow wiiat had Ix'cii done prior fo 
the board going to work ? — A. Certainly. The old giade-ltooU was 
merely tiie record of the old ground. Of course we ought to ascertain. 



1678 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

That was easy enough, aiul the difference between the two would give 
the grading. 

Q. Providing nothing luid been done after the grade-book was made ? — 
A. That is exactly so, sir. 

Q. Do you know whether work had been done there after that grade- 
book was made and before the board of public works went to work :' — 
A. Of course that ought to have been a matter of record. 

Q. It ought to have been ? — A. Yes, sir. 1 do not say that it was. 

Q. Was it ? — A. I would not say that it was. 

Q. Do you not know that it was not ; that there was no such record ? — 
A. Well, wherever the grades from the old grade-book had not been 
changed, 1 suppose the record was pretty nearly good enough. 

Q. But is it not the fact that after that grade-book was made, and 
before the board of jtublic works commenced their operations, the grade 
had been changed in many instances ? — A. I suppose it had ; the extent 
of it I could not say. 

Q. In these cases it would be utterly impossible for you to arrive at 
any correct conclusion's, would it not! — A. Of course, where we had no 
record whatever of the ground as it was, it would be utterly impossible. 

Governor Shepherd. I would suggest that a record of all those 
changes was kept by the different mayors of the city. 

By Mr. Wilson : 

Q. You have given the <'ommittee a statement in regard to these- 
charges to the Government for sewers. You have embraced in that 
brick sewers? — A. Certainly. 

Q. And all classes of sewers ? — A. Yes, sir. 

Q. Did you embrace in it any sewer that was constructed prior to the 
board of public works going into operation here? — A. You will Und, I 
think, that in the amount charged to the Government there were a few 
which were comi^leted in the early organization of the board, and which 
ought not to have been charged, but yet the amount — I do not include 
those as paid by the Government — and yet the amount for sewers paid 
by the board and chargeable to the Government exceeds the amount in- 
clusive of those. 

Q. But 1 am tr> ing to get at what you have embraced in this state- 
ment of yours. You did, then, embrace in this statement sewers that 
had been constructed prior to the organization of the board, did you ? — 
A. There were some finished. I think, in the beginning of the board, 
and Mr. Forsyth pointed them out as belonging to the board. There 
were, I think, a few cases with which I was not familiar. Wherever I 
was familiar with anything 1 never did. 

Q. You say INIr. Forsyth pointed those out to you ? — A. Yes, sir. 

Q. How much of those sewers was there ? — A. They are easily footed 
up, wherever they are; I suppose they amount to something like — I 
could not say ; it is less than $20,000, I think. 

Q. What kind of sewers were they? — A. Brick and pipe sewers. 

Q. What size were the brick sewers? — A. I think two and a half or 
three foot sewers. 

Q. Did you embrace in that any sewer not yet constructed t — A. Xo, 
sir. 

Q. None that is not yet (;onstru(!ted ? — A. None at all. 

Q. What was the occasion for your getting an average amount of 
sewer in order to make up a charge against the Government? What is 
the reason you could not take the sewers themselves as you have paid 
for theni, and charge the Governnient its proper j^ro rata, without going 



TESTIMONY OF liAKTlIOLOMEW OKKTLV. IGT'J 

tliroiigli all this foriiiiilify of making' a calculation and getting an aver- 
age jnice ? You were making up an account against the Government of 
the United States ? — A. Yes, sir ; that is so ; but, as 1 state<l here, in the 
first ])lace our settlements at that time had not been in. And to re- 
measure them in detail, as we did for the board, would have really re- 
([uired an enormous amount of time. 

Q. You were making up charges against the Government for work 
done ? — A. The work was done, but it had not been settled. 

Q. You knew the work had been donef — A. So 1 did, but 1 never 
charged except that once. 

Q. You knew what the cost of it was? — A. N"o, sir; I did not. 

Q. Therecordsofthe board will show? — A. ISTOjSir; they show now. but 
they did not then. 

Q. AVhy not? It was done by contract. — A. Yes, sir: but th<^ 
accounts were not in, 

(}. Y''ou knew the size of the sewers ? — A. Y'es, sir. 

Q. And the size of the])ii)es? — A. Yes, sir; certainly. 

(^. Y'ou knew the cost of it, and that the contractors were putting it 
down ? — A. Yes, sir. 

Q. Why not, then, charge the Government what it actually cost '! — A. 
Sim[)ly lor this reason : it would have required an enormous time. 

Q. I will give you a case right here. Ilere is a sewer on Pennsylvania 
avenue, from First to Seventh street east. 1 find here the size of 
tile 12 inches, 88 cents a foot ; 12 by 12, $1.60; 12 by 10, .$1.38, and so 
on, making an average of about $2.14:; yet, 1 find that when you made 
up an account against the Government for that very same work you 
charged the (lovernment $4.70 ; what was the occasion for that? — A. 
As J explained, if it had simply applied to that single voucher, of 
course it would have been egregiously erroneous ; but taking the whole — 
those sewers which cost us from seven to nine dollars — I thought that 
the average which I had given was fair. I may have been mistaken, 
but 1 think I was not. It was simply to facilitate the work. 

Q. Was it not to facilitate getting up a charge against the Govern- 
ment ; was not that it? — A. Most certainly it was to facilitate a charge 
against the Government, 

Q. .Were you not, at that time, making your arrangements to get an 
appro])riation of about $1,240,000? — A. I do not think that was the 
idea. 

il. Were you not making up an account on which to predicate an ap- 
pro[)riation ? — A. Well, do you refer . 1 do not understand you ex- 
actly. 

Q. I refer to an api)ropriati<)n made the Sth day of January, 1873. 
Vou were making up your account to get that appropriation, w<^re you 
not? — A. 1 think a statement of mine was used for that appropriation. 

Q. You got up that statement? — A. 1 was one of the most astonished 
men myself when 1 saw that the figures which were used in my approxi- 
mate statement had been used for an api)ropriation. I hail not the 
slightest idea that it ever would be the (;ase. 

Q. Did you i)ut in that statement work which had not been done? — 
A, That statement was made sonu' lime, I think, in September, 1872, or 
the beginning of October, 1872, and we expected a large amount of work 
dom» before the end of the season, and what 1 thought would be done 
I iiu-luded. 

Q. You put in work that had not been done? — A. I put in that esti- 
n)ate woik which at the time of the estimate had not been completed. 

(^. The work that has not l)eeii done yet ? — A. I su])pose some of i! 



1680 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

has not been clone yet, but that never was charged ; that was merely an 
approximation. 

Q. Then, after you got the appropriation, you went to work to get 
the money ? — A. Certainly. 

Q. And in order to do that, you made up an account ? — A. We did. 

Q. Did you embrace in that account work which the board never did ? 
— A. No, sir. 

Q. None at all ? — A. Except that error, I think, on Eawlins's Square. 

Q. Do you recollect reservation No. 17 ! How did you get that in ! — A. 
I think that is the same as I said a while ago, about some sewer that Mr. 
Forsyth thought he was familiar with, or he said that he was familiar 
with, and which had been done prior to any connection of mine with 
the board. 

Q. You did get work in that account that had not been done by the 
board of public works, did you not? — A. Afterward I learned that that 
was so. 

T. T. Fowler recalled. 

By Mr. Mattingly : 
Q. State whether that is your signature to that bid and that receipt ; 
state what you remember about it. 

[The bid and receipt were exhibited to witness,] as follows : 

Washington, D. C, September I, 1871. 
Honorable board of public worlcs oj the District of Columbia : 

I hereby propose, in accordauce with the terms of the advertisement hereto attached, 
to macadamize the carriage-ways of the following-named streets, viz, G street north, 
from Seventeenth west to Twenty-second west ; Twelfth street west, from F street 
north to the river ; and K street, from Georgetown to Sixth street, with any depth of 
broken blue gneiss-rock that the board may direct, for the sum of $4.24 per cubic yard ; 
provided that the depth of said macadamizing shall be on an average of at least twelve 
inches; and provided further, that the depth of excavation required shall in no case 
exceed two feet. 

T. T. FOWLER. 

[Copy of advertisement inviting proposals annexed.] 

Received, September 21, 1871, certificate of William H. Slater, collector, for $1,000. 

T. T. FOWLER. 

A. I should say that was my signature. I do not remember of sign- 
ing it, however, but I see the bid is made out in the handwriting of my 
partner. I was at that time very busy building Long Bridge, and was 
away down the river, and it might have occurred in that way ; I pre- 
sume that was the way it occurred, but it passed all my recollection 
that I ever put in anything of the kind. 

By the Chairman : 
Q. That receipt is in your handwriting? — A. The signatures are in 
my handwriting. 

Q. The others in the handwriting of your partner ? — A. Yes, sir. 

By Mr. Mattingly : 
Q. The signature to the receipt is in your handwriting? — A. Yes, sir. 

By Mr. Merrick : 

Q. You say you did sign both those papers ? — A. It looks like my 

signature; I have no recollection of it, but I see how the thing occurred. 

Q. You said on the stand that you had made no deposit, and had not 

withdrawn any deposit? — A. That was my recollection at the time, sir. 



TESTIMONY OF BARTHOLOMEW OERTLY. 1681 

I came in here at the time, and did not intend to liave anything? to do 
with this investigation. I dodged the question as long as I could, until 
your subpiena reached me. 

The committee took a recess until 2 o'clock p. m. 

2 o'clock r. M. 
On the committee re-assembling, the examination of witness Oertly 
was resumed. 

By :Mr. Wilson : 

Q. Is that the only paper you produced with regard to sewers — this 
paper marked statement C ? 

\ViTNES!<. I desire to state this : As long as I had prepared that aver- 
age price, I desired to submit a statement to vindicate myself. It has 
been stated that my average was too liigh. That statement will show 
my average was 

Q. Where is the original paper made out by you in relation to the 
sewers on which you iixed the Government prices'? — A. That short slip 
there, that you have marked statement B, or a similar one, submitted 
at the time to General Babcock. 

Q. Is this the original paper yon submitted to him! — A. This is my 
measurement. 

Q. When did you make this paper out ? — A. Tliis I copied from the 
memoraiulnm. The original, I tliink, is somewhere among the gen- 
eral's papers. 

Q. Have you no copy in your office '? — A. Xo, sir ; it did not belong- 
to my office. 

Q. Whom did it belong to ? — A. This belongs to me, of course, or did 
belong to me. 

Q. Where are the original papers that are in your i)OSsession ? — A. 
The original, I think, must be among General Babcock's papers. 

Q. From what did you make this paper out — this paper marked B 
on the back of it ? — A. Those are the board prices, as you will see. 

Q. I want to know when you made this paper out ? — A. I think it was 
at the time — January, 1873. 

Q. This paper, as you presented it, was made out in January, 1873 ? — 
A. Yes, sir. 

Q. Now, have you the memorandum or notes from which you made 
ui) this paper ? — A. There is no note needed ; that paper is perfect in 
itself. 

Q. Biit did you have no data from which you made out that paper? — 
A. No, sir 5 it states every i)oint in itself. 

Q. And then (here is nothing upon which this paper is based ? — A. 
Except what it states. 

Q. Was this made out before or after the measurement? — A. It Avas 
made when the measurement was presented to General Babcock; and to 
satisfy him about the correctness of the price submitted, I made that 
statement. 

Q. Did you submit this paper to General Babcock, or a coi)y of it? — 
A. Not this one; there must be an original in his possession; but it is 
the same thing — the same price, 81.70. lie looked it over. I think 
there were several other gentlemen present, and they thought that my 
assum|)tion was nearly correct. 

Q. Nearly correct ? — A. Well, as all assumptions are. An assump- 
tion never is correct. 
106 D c T 



1682 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. But here you state iu this, "for the purpose of facilitating the 
Diensuremeuts and accouuts, au average size of sewer was assumed." 

The Witness, Exactly. 

Q. "And it was thought that the cost of the 18 inch pipe-sewer would 
be nearest that average." — A. 1 think so still. 

Q. Was this a mere assumption on your part at that time ? — A. It 
was. 

Q. Purely an assumption ! — A. Yes, sir. 

Q. And it was mere conjecture that an IS-inch sewer would be the 
nearest average? — A. Well, certainly the conjecture was tolerably fair, 
because it drains from a 12-inch pi]>e to a four-foot brick-sewer. 

Q. Then upon what did you base the conjecture ? — A. Upon what that 
l^aper states. I say there we had sewers from 12-inch pipe-sewers to 
four-foot barrel sewers, and I certainly considered then, and do consider 
yet, that an 18-inch pipe-sewer was a fair average. 

Q. Did you ever sit down and take the length of a four-foot sewer — 
a barrel-sewer — and then of a 24:inch sewer, a 20-inch sewer, an 18-inch 
sewer, a 15-inch sewer, and a 12-inch sewer, and ascertain by any such 
process as that the average ? — A. No, sir. If I had those lengths 1 
certainly would not have i)ut in au average size, I would have got an 
actual size. 

Q. Haven't you got those lengths ? — A. You will find them in this 
stat,enient. 

Q. Haven't you a map that shows every one of them? — A. We didn't 
have then. 

Q. Have you one now? — A. We are now perfecting a map, so as to 
give all the sewers which were constructed. The maps may be up to 
time now, but they were not within a short time ago ; tliey were not 
then perfectly up. 

Q. Docs this statement which you have presented, and which 1 have 
called statement C, show the number of feet of 12 iucli sewers in this 
city ? — A. It shows it under those various heads — 12-iuch sewers. 

Q. Does it show all the 12-in('h sewers in this city! — A. No, sir. 

Q. Chargeable to the Government; does it show all of that? — A. 
To the best of my knowledge. There may be a few more, but certainly 
what is in that list is put down. 

Q. Can we by looking at tliis list determine how many feet of 12-inch 
sewer there are? — A. Yes, sir ; or rather you may by going over the 
entire lot. 

Q. How many feet of 15-inch sewer ? — A. Yes, sir. 

Q. And of 18, 20, and 24-inch sewer? — A. Well, I don't know exactly 
whether I stated it in the list. I referred more to the vouchers of the 
parties who did that work. 

Q. That is not what I am getting at. I want to know whether or 
not this average of $4.70 is a correct average. You say you have come 
to this result by making an average of all the difterent sizes ? — A. Yes, 
sir. 

Q. Very well, now. What I want to know is whether yon ever pre- 
sented to this committee anything which will enable them to determine 
how many feet of 12-inch sewer there are and how many feet of 10 inch 
sewer, and so on through ? — A. Y'^es, sir; every table can give this. If 
1 have not stated it iu every instance it is very easy to do that. Some 
of these cases are a little complicated, and possibly I didn't put them 
down, but if you desire it it can be done. 

Q. There will be no trouble in getting at the exact amount of each 
cue? — A. No, sir. 



TESTIMONY OF BARTHOLOMEW OERTLY. 1683 

Q. lu making' up these pa|)er:s did you embrace any sewer that had 
been constructed prior to the board of works coniiu4>' in ? — A. I think I 
did state all. 

Q. Tliis sewer I see at the end of tliis paper marked C — the Gantz 
& A[)[)leniaii's sewer — what sewer is that.' — A. That is B-street sewer, 
the intersecting sewer. You will tind the measurement cliar.^ed the Gov- 
ernment was tlu' same as that paid by the board, less this portion where 
one sixth has been deducted. 

Q. There never was any difference, then ? — A. There was no average 
of any assumption there. 

Q. Is that a four-foot sewer ? — A. Xo, sir ; that varies from twelve 
foot. 

Q. Have you embraced in this statement the B-street intersecting 
sewer ? — A. It includes all sewers ; those sewers which were charged 
in the Government measui'ement at the at-tual price, tliese were deducted. 
It would not change anything in the aggregate figures. The same de- 
duction would be on both sides. 

Q. Was the whole of this B-street intersecting sewer charged to the 
GovernnuMit ? — A. No, sir; some portions — one-sixth — came off, and 
that IS out. 

Q. Wliat have been your duties in the office? — A. I have had [)articu- 
lar charge of the inside business of the engineer's office. 

Q. From whom do you receive iiiBtructious in regard to your woik? — 
A. From the chief engineer or engineer in charge. 

Q. Who is that f — A. Mr. Cluss ; as long as he had charge of it. 

Q. Did you always get your instructions from Mr. Cluss, or did you 
act at any time under anybody else's instructions ? — A. Well, it is pos- 
sible that sometimes the governor told me to attend to some particular 
duty, and I would attend to it. 

Q. Can you remember any particular matter that you were directed 
to do by the governor instead of by the engineer in charge i? — A. I should 
have to refresh my memory, more or less. I cannot point out particu- 
larly now. 

Q. What I want to know is, whether you have acted exclusively under 
direction of the engineer-iu-chief of this district, or whether you have 
been acting sometimes under his direction and sometimes under the 
direction of other persons ? — A. Well, it is most likely that I have occa- 
sionally been acting under the direction of the governor or vice-presi 
dent of the board. 

Q. Without consultation with the engineer-in chief ? — A. Well, no ; 
that I would not say. 

Q. 1 desire to know whether you have acted under the direction of 
the vice-president or governor without consultation with the engineer- 
in-chief? — A. I invariably made it my duty to consult with him when- 
ever it was i)ossible. There may have been one or two cases whcnl did 
not see him at the time. 

Q. Do you know what cases those are? — A. No, sir. I cannot call 
them to mind Just now ; ])ossib]y you know of it. 

Q. No, I do not know that I do. 1 want to see if you can recollect 
them — if you can remember anything oi' that kind when you acted with- 
out any consultation with him — and I should be glad to have you state 
in reference to what work it was that you so acted? — A. Well, it 1 did, 
1 do not know. If ever 1 acted so before results were arrived at, I cer- 
tainly made it my duty to communicate to him the results. 

Q. In lixing these prices which were charged to the (lovei iimeiit, did 
you consult with the engineer-in-chief; and if you did not, uiRlei' whose 



1684 AFFAIES IN THE DISTEICT OF COLUMBIA. 

direction did yoa act ? — A. Xo, sir ; I did not. This was a matter really 
not connected with the office of the eugineer-iu-chief at all. Mr. For- 
syth and I were merely assistants to Colonel Samo and General Bab- 
cock, who assumed the measurement. He asked me to state those 
prices. 

Q. How did you get at the prices ? — A. I got them from the price-list 
of the hoard of public works; not the engineer's office. 

Q. Then, in nuiking up this statement as to the amount that was 
chargeable to the Government, you were not acting in your capacity of 
engineer"? — A. No, sir. 

Q. You were acting under whose directions "? — A. 1 didn't mean to 
say 

Q. Your duties were in the engineer's office? — A. Y^es, sir; and 1 was 
detailed 

Q. How did it happen that you went outside of your own department 
to make up these charges against the Government! — A. I think that is 
the case where I was detailed by the governor to assist an engineer des- 
ignated by General Babcock. 

" Q, Y'ou were, then, detailed by the governor to assist General Babcock 
or Mr. Samo in making up your charges against the Government ? — A. 
Y'^es, sir. I don't think I had anything else but the verbal order; but 
that was sufficient for me. 

Q. So that the engineer's office or the board of public Avorks is in no 
way responsible for this? — A. The engineer's office is not responsible for 
it, virtually. 

Q. Why did you not consult with the engineer-in-chief in regard to 
these matters ? — A. Well, that is more than I can answer, because 

Q. jSTow, did you make up an account against the Government upon 
which an appropriation of $1,000,000 or more in March last was made? — 
A. I assisted the colonel partly, I think, before the last measurements. 
I was not present. 

Q. Assisted whofn? — A. Colonel Samo. 

Q. In making up a claim against the United States for 11,000,000?— 
A. A claim ? 

Q. Yes. — A. I do not know anything of a claim. 

Q. Was not there made out, at the office of the board of public works, 
an account against the United States upon which an appropriation of a 
million of dollars was made? — A. An account. 

Mr. Wilson. Will some one be kind enough to get me that appropria- 
tion bill— 3d of March, 1873 ? 

Mr. Mattincily. If you will refer him to the statement he may com- 
j)rehend you better. 

Mr. Merrick. The appropriation of 1873 will be found in the seven- 
teenth volume of the laws. I don't think it is on the table here. 

Q. ])o you remember anything of that kind? — A. I remember the act 
distinctly. 

Q. ISTow then, prior to the passage of that act, was not there an ac- 
count made out by you of the work that had been done by the city of 
Washington prior to the board coming in ? I will read you. 

The Witness. I remember the act distinctly. 

Mr. Wilson. The act reads as follows : 

To re-iiuburse the city of Washington for improvement of the avenues of said city 
and for work done thereon, not chargeable against owners of private property, nor in- 
cluded in approi)riations heretofore made, |1,000,000. 

That is on page 527. Did you make up that account ? 
The Witness. No, sir; not for $1,000,000. 



TESTIMONY OF BARTHOLOMEW OEETLY. 1685 

Q. Did you make up au aceonnt for work that was done by tlie board 
prior to tlie orgaiiizatiou of the board of i)ublic works of the city of 
Washington? — A. Yes, sir; bat it was not one million of dollars. 
There was an account made out, I think 81,032,000, or something like 
that. 

Q. You made out such an account ?— A. There was such an account 
made out. 

Q. Who made it out l — A. I chink Mr. Forsyth and me. I do not 
know whether upon that or upon what account the one -million-dollar 
ai)))ropriation was made. 

Q,. You made up such an account! — A. Y'es, sir; such a statement. 
There was no account at all about it. 

Q. Where is that statement ? — A. I may possibly find the original 
draught of it among my papers ; I could not say positively. 

Q."l)o you know what was done with that statement ? — A. iv^o, sir. 
It was referred to a number of persons; I do not know to whom. Some 
Senators had it. 

Q. What was the characterof that statement ? — A. Part of it, I think, 
was for work done by the old corporation, and the balance was for work 
done by the District. 

Q. I'would like to have that statement. — A. If I can iind it, you shall 
have it. 

Q. Where did you make up that statement I — A. It was made at the 
office, but no copy taken. 

Q. Did you make any surveys ? — A. No, sir ; no surveys were made 
at all as to the amount of work done by the old corporation. That was 
prepared from the memorandum of Mr. Forsyth, and even that 

Q. When did Mv. Forsyth make that memorandum ? — A. I want to 
(jualify that term " memorandum," because he put down the amounts of 
work which were done, or, rather, said so to me, and I put them down 
and then footed them up or carried them out. 

Q. What pai)ers or memoranda did he have from which he made 
that statement ? — A. That was all by recollection. 

Q. Entirely ? — A. Yes, 1 think so. 

Q. Then, if I understand you, the mode in which you made up that 
statement amounting to $1,032,000, was that you and Mr. Forsyth were 
together in the office of the board of public works, and Mr. Forsyth 
made statements to you from recollection of work that hail been done 
by the old corporation, of whatever that amounted to'I — A. It was purely 
from his recollection as to that amount. 

Q. Then do you say that a part of that 81,032,000 was for work done 
for the board of public works ? — A. Y'es, sir. 

Q. Do you recollect what proportion of it ! — A. Well, it certaiidy was 
abcnit one-half of it. 

Q. Done by the board of public works ? — A. Y^es, sir. 

Mr. Stanton. Mr. Wilson, you will tind in the act making the appro- 
priation, that amount to reimburse the late coritoration of ^VashiIl.;ton 

is 8i.s;5,ooo. 

Mr. Wilson. It says, "to reimburse the city of Washington for im- 
provement of the avenues of said city, and the work to be done thereon, 
not chargeable against owuers of i)rivate i)roperty, nor included in any 
ai)pro[)riation heretofore made, 81,000,000." 

Mr. Stanton. Fart of it he says was done by the late corporation. 

Mr. Wilson. .Mr. Oertly, if I understand him, says that about one half 
of this — that this 81,032,000 that he made up was for work that was done. 

The Witness. And they cut it down to 81,000,000, or whatever it was. 



1GS6 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Wilson. Aud half of that was for work done, as I understaDd 
him, by the ohl corporation? 

The Witness. In the statement one-half was, I suppose — nearly one- 
half — was for work done l)y the old corporation. 

Q. Then that which was done by the board of public works — that 
was embraced in that account — upon what data did yon make up that 
half of tlie account ? — A. That was all for measurements. The data 
which I used were from either actual vouchers or actual measurements. 
I think they were all that way in the office. 

Q. Do you think you can i)roduce us a copy of that account? — A. 1 
rather think I can among — but it was changed several times. I cer- 
tainly Avill produce it if I can lind it. 

Mr. Wilson. I would be glad to have yon. 

Q. Now I wish to call attention to another matter in that same con- 
nection. Look on page 32 of the report of 1873 — the column headed 
measurement of March 20, 1873 — and tell me what that is; where it came 
from ; the third column, I believe it is. — A. Those were actual mea- 
surements made by Colonel Samo, 

Q. Do you know where that measurement is ? — A. It is in his books, 
or at least the measurement itself is in the Treasury Department, and 
the balance Colonel Samo has got. I have no record of it. 

Q. Did you have a record of that kind ! — A. No, sir; I did not con- 
sider it my duty at all; I only was an assistant. 

Q. Have you ever looked over the governor's Answer ? — A. Yes, sir. 

Q. Have you ever seen anything of that kind in the governor's An- 
swer! — A. No, sir; I think 1 mentioned to some gentlemen before, that 
they omitted in the Treasury Department to give a copy of the voucher; 
at least it seemed to me so, I do not know certainly. 
' Q. The reason I asked you about that is because I called at the Treas- 
ury Department for all the measurements that had been made there, 
and I have not received any such measurement made March 26, 1873. — 
A. There is one omitted in the governor's Answer. How that occurred 
I don't know. 

Q. Now, in making out the $1,632,000, how was that done ? under the 
dii'ection of the governor or vice-president? — A. Yes, sir. 

Q. Had that any connection with the engineer's office? — A. No, sir; 
none whatever. 

Q. Are the prices that have been charged to the Goveiaiment the 
same in all cases that had been paid to the contractors? — A. I think 
they are less. 

Q. The Government is charged less i)rice? — A. I think they are less; 
for instance, in curbing. 

Q. Are the prices of grading and hauling the same charged to the 
Government and paid to the contractor? — A. I don't think we charged 
the Government haul, which the board finally paid. 

Q. Is not it the fact the Government is being charged more both 
for grading and hauling? — A. No, sir. 

Q. You thiid^ that is not the fact? — A. No, sir. In grading, I think 
you will find the charge 40 cents, and that requires some exijlanation, 
because the board paid 30 cents, or one kind and 40 cents for grav- 
eling streets; and they paid also $1.50 for excavation. Well, I 
assumed, in the first place, the average between 31 and 40, which 
is 35, and I proposed, on account of the rock excavation and some trou- 
blesome excavation for which we could not present the account in the 
niensurement, to assume the whole at 40 cents, aud the other gentlemen 
to whom I did propose thought it was fair. 



TESTIMONY OF BARTHOLOMEW OEKTljY. 1687 

Q. And you assumed the whole of the ^Tading to tlie Government at 
40 cents ? — A. Yes, sir ; without charging anything for rock excava- 
tion where it occurred. 

Q. Did you have much rocky excavation ? — A. About this city I can- 
uot say a great deal. 

Q. The [)ercentage was not very great. Do you think there was so 
much rocky excavation as to increase the i)rice of the Government up 
to 40 cents ? — A. No, sir ; if I had to assume the aveivage in this case 
again, I would say it was less than that. 

Q. Row much less would you put it ? — A. I would certainly rather 
prefer simply to have the average 35, and charge the rocky, excavation 
where it aclually occurred. 

Q. Would not that have been the more accurate WJiy to have done 
this business ? — A. I admit that. 

Q. Is it not a fact the rocky excavation has been very rare indeed 
in this city ? — A. Compared to the amount of grading done the per- 
centage is not verj- large. 

Q. Is it not very small ? — A. I would say it was small. 

By Mr. Merrick : 
Q. Is there any rocky excavation in the city of Washington at all ? — 
A. Yes, sir. 

By Mr. Wilson : 

Q. Have you ever noticed the price paid for sand and the price paid 
for hauling on New Hampshire avenue by the Government and that 
])aid the contractors! 

Tlie Witness. Do you mean the amount ? 

Counsel. Yes, sir; the amount. 

Mr. ^lATTiNGLY. The rate i)er square yard? 

Mr. Wilson. Yes; the rate for grading and hauling? — A. There is no 
hauling (-barged it on New Hampsliire avenue ; none whatever. It is only 
the grading proper. If it is I am thoroughly mistaken, but I thimk it 
is not. . 

By the Chairman : 

Q. I will go back to that again. How did you make up the price for 
flagging ? — A. That I could not say. 

Q. Do you know how the price is made up ? — A. No, sir; 1 cannot 
say that either. 

Q. Nor what the charge against the Government for flagging ? — A. 
Y'es, sir. 

Q. What is it? — A. Wherever the board paid $1.25 they charged at 
81.25. 

Q. Were they paid $1.25 ? They charged $1.25.— A. Yes, sir. 

Q. How did tlie board make up its i)rice of $1.25 a squ;ire for flag- 
ging ? — A. I cannot say, because I had nothing to do with it. 

Q. Were all i)arties puid the sanu^ price lor llagging? — A. You nuist 
not forget this $1.25 includes top-dressing and laying. Not all the par- 
ties furnished both. 

Q. It includes the flagging and all the work done ? — A. Yes, sir. Then 
again 

Q. But sMi)pose the District goveninu'iit or the board of public works 
furnished the llagging. Did they then pay all parties the same i)rice? — 
A. Then, in that case, if the flagging was the same price, of course the 
same j)ric(' would l)e charged. I tbink some of the flagging is not top- 



1688 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

dressed, wliereas that for $1.25 is top-dressed, aad between the two there 
is a difference in price. 

Q. What do yon call top-dress fla.o-ging ? — a. Axing the top or face. 

Q Have you ever looked at the flagging along tlown on B street 
north? — A. Between which points'? 

Q. Along there in front of the monument, from Twelfth to Seven- 
teenth street. — A. I do not think I ever particularly h)oked at that. I 
never measured it. 

Q. Do you know whether that is charged at $1.25? — A. I was not 
present at that measurement, and, indeed, I could not say exactly whether 
it was or not. If it was charged at $1.25, there certainly was an extra 
charge, it seems to me. 

Q. Then, around the Botanical Gardens ; what do you say about that 
at $1.25 to the Government? Is that charged at $1.25 ?— A. I was not 
present at the measurement. 

Q. What would you say to $1.25 for that flagging around the Botan- 
ical Gardens? — A. That around the Botanical Gardens, if I understand 
it aright — that flagging was hauled from the post-ofiice and Patent- 
Ofiice. 

Q. So that we understand when the flagging was taken away from 
there that was to be replaced by hrst-class flagging. — A. And of course in 
one place we certainly could get nothing except the laying, and what- 
ev^er little jointing and dressing would be required, and in the other 
place get the full. But, as I say, I was not present at these measure- 
ments, and I could not say what was the charge. 

Q. What do you consider such flagging worth as is around the Botan- 
ical Gardens ? — A. Price allowed to the contractor was thirty-four cents 
for rejoining and laying and doing such top-dressing as was absolutely 
necessary by the worn-out flags. 

Q. Thirty-four cents allowed him for redressing and laying that flag- 
ging ? — A. There was no redressing, except what redressing had become 
necessary to bring them to a fiiir 

Q. On that south side of the Botanical Garden there is some new flag- 
ging laid ? 

Witness. On Maryland avenue ? 

Mr. Wilson. Yes. 

A. I think there is some there. 

Q. Have you seen that ? — A. Kot lately to my knowledge. I didn't 
either measure it or examine it. 

Q. But you say that the flagging that was on the west side of the gar- 
den came from around the Post-Orflce ? — A. As far as it went. 

Q. And that was replaced at the Patent-Oihce and Post-Office ? — 
A. With first-class macbine-dressed flagging. 

Q. Did you make up the account for work done by the board of pub- 
lic works during this last summer? — A. Yes, sir; I think I prepared a 
statement. 

Q. Do you recollect of charging for flagging around the Patent-Offlce 
and Post-Of(ice ? — A. I think I did charge it; I was not aware of it, at 
the time when I made that account, that anything had been charged 
around the Botanical Garden. 

Q. You didn't know that the District government had already got 
$1.25 a foot for that flagging that they had hauled down from the Patent- 
Office and Post-Office? — A. No, sir; I really was not present at the last 
measurement and never saw any of these accounts. 

Q. What is the cost of laying this flagging? 

The Witness. The actual cost ? 



TESTIMONY OF BARTHOLOMEW OERTLY. 1689 

Q. Yes, sir. — A. I novor iiivestig'tited that qiiestiou. I never looked 
into that matter. I think, thongh, 24 cents is a fair price, inchisive of 
iointinsf and t'nrnishin<4- tlie sand and cement, and whatever litth3 dress- 
iuiX is reqnired to l)nnii' tlie flag's ont even. 

Q. Do yon think that is areasonabhi price? — A. I think that is a fair 
pri(!e. 

Q. Is not that an excessive price? — A. Xo, sir; I think liighcr prices 
have been paid tlnin tlnit in this city. 

Q. Do yon know what is the price of dressed material — dressed flag- 
ging ? — A. 1 have not any of the latest price-lists, bnt 1 remember we 
paid, at the Treasnry Department, 58 cents. 

Q. What kind of flagging was it ? — A. Tliat was machine-dressed, uu- 
jointed. Bnt this rongh flagging — I ilo not mean dressed flagging — jnst 
qnarry-faced. I conld not give yon qnotations of other price-lists. 

Q. Were there any bids invited for fnrnishing flagging or for laying 
it? — xV. I do not know, becanse that was no province of onrs. 

Q. Yon know nothing about it? — A. No, sir. 

Q. Who did the principal part of the flagging about tlie city, about 
the Government property ? — A. I think Mr. Evans — Fohn O. Evans. 

Q. Who made the principal part of the measurements of John O. 
Evans's work? — A. 1 did some, Mr. Barney did some, and, I think, Mr. 
Forsyth. 

Q. Who did the principal part of it ? — A. That I couhl not say. I do 
not know what the amount of the whole measurement is. 

Q. J>idn't you do the. chief part of John O. Evans's and Gleasou's 
measurements ? — A. I did a great deal of his measurement. 

Q. Who did the principal part of Gleasou's measurement ? — A. I did, 
of course, some of it. 

Q. Who directed you to make these measurements ? — A. That was 
done by direction of the governor, I think, at the time. 

Q. Did you have written order to that effect ? — A. No, sir. 

Q. Did you act under the supervision of the engineer-in-chief ? — A. I 
think the governor spoke to him at the time, but I am not positive 
about it. 

Q. How did it happen that the governor came to you and directed 
you to measure John O. Evans's work ? — A. That [ do not know. 

Q. Is that the usual mode of doing these things ? — A. No, sir ; I 
rather did it reluctantly, because I thought it was onerous on me to at- 
tend to all the inside work, ami I had no iiu;lination at all to measure. 

Q. Uow are measurements usually procured ? Is there any formal 
ai)pIi(!ation to your ofi&ce for your measurement? — A. There is uow a 
pretty strict way. 

Q. When was that adopted ? — A. I think I myself proposed it — got 
the introduction of it. They at first required from the contractor a 
written application to the board for measurement. 

Q. When was that rule adopted? — A. That was adopted sometime 
during last sununer. 

(^. What time during the summer, do you think ? — A. Even that I 
could not i)ositively say. 

Q. Have you any mode of ascertaining when that was done? — A. 
No, sir, I have not. 

Q. A few days ago there was something said here about 10 feet of 
parking in connection with laying tlagging. When was that rule 
ado|>ted! — A. That was in the summer of l.ST.J. 

Q. In what way was that rule adopted ? — A. That 1 cannot say. I 
only know it was ado[)ted. 



1690 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Who informed you of it ? — A. Well, the way I first knew of it is 
this. In the preparation of Mr. Evans's measurements — I think it was 
across Fourteentli street ; I measured that — I had measured the park- 
ing as well as flagging, and I was then informed by Mr. Evans himself 
that the parking was to be included in the flagging, which I had not 
known before, and after that I think we received the formal communi- 
cation froin the vice-president's office, that the parking would be in- 
cluded — 19 feet of parking. 

Q. Did you have any contracts with you when you made these meas- 
urements ? — A. I think I had of this particular one — the contract then 
did not include it. 

Q. Did you find any such thing as that in any of the contracts — 19 
feet of parking ? — A. Afterward, I think, it was included, but indeed I 
have had nothing at all to do with the perfection of contracts and I 
could not say positively. 

Q. Did you measure any 19 feet of parking about Mount Vernon Place, 
along John O. Evans's flagging ? — A. No, sir ; that was done prior to 
this order. 

Q. Is there any 19 feet of parking along there in front of the monu- 
ment on B street north ? — A. There will be, I think. 

Q. Is it there ?— A. It is not there now ; about sis or eight feet is 
there, I could not say exactly which. 

Q. Did you measure the wood pavement on East Capitol street ? — A. 
I did. 

Q. How nmch deduction did you make from the wood pavement on 
account of grading I — A. Kone at all. 

Q. Why didn't you ?— -A. The grading had been done by otlier parties, 
and it had been understood by all of us in the offlce in such cases that 
no grading would be deducted. 

Q. I understood the governor to say the other day, and I presume 
you have read his testimony, that it was the duty of the engineer to 
make a deduction on account of grading, where the grading had already 
been done. Did you so understand your duties ! — A. ISTo, sir ; I never 
understood them that way. 

Q. Did you measure any other streets where the grading had ah-eady 
been done ? — A. ]^ot to my knowledge, at this time. 

Q. Do you know anything about the Taylor & Filbert contracts ? — 
A. Ko, sir. 

Q. Did you measure any for them ? — A. Not for Taylor & Filbert, I 
do not think. If it was, it was for one street only. 

Q. Did you measure any other wood pavement for John O. Evans f — 
A. I measured the wood pavement for John O. Evans on, I think. 
Second street, Georgetown, D. C. 

Q. Any place else? — A. I think Seventh street and across the Mall, 
and, I think. Thirteenth street, between B street and Pennsylvania 
avenue. 

Q. Who did the grading of those streets ? — A. The grading was in- 
variably done 

Q. Invariably done? — A. No, sir; I forgot about Second street, 
Georgetown ; that I could not say. 

Q. Then, of those other streets the grading was all done? — A. I can- 
not positively say about Thirteenth street. I will have to refresh my 
memory about that; maybe it was not. 

Q. How was it across the mall and those other streets you have 
named ? — A. Across the mall there was no change of grade at all, to my 
knowledge. 



TESTIMONY OF BARTHOLOMEW OERTLY. 1691 

Q. Did you make any (lediiction on account of grading? — A. Xo, sir. 

Q. Now', we wisli to understand how tliis thing was done. — A. I ex- 
pect that one man did the grading and another man did the paving. 

Q. When you went out to measure that grading, you measured all 
that was done? — A. Yes, sir. 

Q. Then, when you measured the pavement, you made no deduction 
for the amount of "grading. Is that a fact'?— A. That is a fact. 

Q. Had you any instructions from the board or any ofticer of the 
board to make any deductions on account of grading when the grading 
liad already been done by somebody else t — A. No, sir ; that was an 
understanding. 

Q. Did you go out with Mr. Samo and Mr. Forsyth to make any meas- 
urement :' — A. Yes, sir. 

Q. llow did you iniike those measurements ? — A. With steel-tape and 
rods. 

Q. Did you take any profiles or cross-sections with you ? — A. When- 
ever we had them we did. 

Q. When you did not have them, how did you get along then ? — A. 
We used the landmarks; we did the best we could. 

Q. That was just simply making the best guess you could ? — A. We 
made a pretty good guess, I assure you. 

Q. IIow did you get at the haul ? — A. I do not think, in many cases, 
there is no haul charged at all. In the vouchers, of course, the haul was 
measured. 

Q. Did yon go to the vouchers to get at the extent of the haul ? — A. 
If we charged it; but I think whenever the haul is charged it is ratlier 
less than the actual haul — I mean charged to the Government; but in 
contractors' accounts the haul is correct. 

Q. How did you get at this matter of the filling of the canal ! 

WiTJs'ESS. Do you mean the amount charged to the Government f — 
A. The quantity of earth in the canal. 

Witness. The amount cluirged to the Governments — A. Yes, sir. 

Witness. That is from actual measurement. 

Q. Did you know where the earth came from ? — A. Yes, sir, a large 
amount ; 1 know where a large amount came from, but not all. 

(}. Wliere did it come from ? — A. A part came from Sixth street, a 
l)art from Seventh street, from Tenth street. Eleventh street, from 
Twelfth street, and some from New York avenue and Fifteenth 
street. 

Q. From Massachusetts avenue ? — A. Not a large part of it, but a 
large part of it from square 221. Then a very large amount from B 
street south, G street, F street south, G street south, and as far as I 
street south. 

By Mr. Tiiurxan. Had these paving contracts provided for any dis- 
tance of haul ? The contracter was to excavate two feet — that is, that 
was in(duded in his price. Was there a haul also included in this 
l)rice ? — A. We did not consider it so. 

Q. Did they charge them for haul ? — A. 1 think they got the haul in 
son)e cases on the two feet of grading. 

Q. Tliey got the haul where there was 

AViTNESS. On the two feet of grading. 

Q. At what rate did they get paid for the haul ? — A. For the first two 
years the rate was one-half a cent a cul)icyard lor each 100 feet, and the 
rate, was changed in 187.3 to one cent and a quarter. 

Q. At first a half-cent a cubic yard for each one huiulred feet haul 
iug ? — A. Yes, sir. 



1692 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Aud after that tbe price was raised to one cent aud a quarter ? — 
A. Yes, sir. 

Mr. Mattingly. He explained this morning, in your absence, the 
reason why a cent and a quarter was fixed. 

By the Chairman : 

Q. Did you make an actual measurement for filling the canal f — A. 
Not for the entire distance. I went over it, I think, as far as Fourteenth 
street, with Colonel Samo. The balance he made himself. 

Q. HoAV was that measurement made"? — A. The canal was 150 feet 
wide, except down from Seventh street up to Maryland avenue; but 
we took the actual area of the canal as it was, and got its depth and 
its present level, and of course that must give the cubical content of 
the canal. 

Q. How did you get at its depth, from the original surveys of the 
canal '? — A. No, sir ; that would give considerably more than we gave. 
We took the side-lines as they existed, and I think allowed two feet in 
addition to that. 

Q. How did you get at the sidelines after they were filled up ? — A. 
We knew exactly how they were. 

Q, And then you allowed two feet in addition to that? — A. Yes, sir. 

Q. What was that for? — A. Because the center was considerably 
deeper than the sides; but I think we cati give you, if you desire, the 
actual figures which we used for that calculation — the details. 

A. Did you make out the vouchers to Mr. Cluss for filling that canal ? — 
A. I do not know that he ever had any vouchers for filling that canal. 
He filled largely in the canal, but I do not tiiink there were any vouch- 
ers made out, particularly for filling. 

Q. Didn't he get a large amount of money for filling the canal ? — A. 
He got a large amount of money for excavation and then the haul to the 
canal. 

Q. That was for excavation ou the streets "? — A. Yes, sir ; and then 
the haul to the canal, if it was to the canal. 

Q. This square 210— where is that ?— A. 212, I think it is. That is 
on Massachusetts avenue. 

Q. Is that Government property ? — A. No, sir ; it is not Government 
property. 

Q. What property is it I — A. It is private property, but for some rea- 
son or other, with which I am not perfectly familiar, tlie board con- 
cluded to cut the square down. You know the extreme cat — the exca- 
vation of the square between Fourteenth and Fifteenth streets — left 
those gentlemen quite high, and to relieve them from that situation, aud 
I think for the purpose of avoiding damages, they concluded to cut the 
square down. 

Q. They cut down private property and hauled that earth to the 
canal 1 — A. Yes, sir. 

Q. Who owned that property that was cut down in this way ? — A. 
There is Senator Edmunds, Senator Bayard, and some other gentlemen. 
Among others Commodore Almy, Mr. Fox, Mr. Bryan, Mr. Morsel 1, Mr. 
Wilson. 

Q. Have you any means of knowing how much earth was taken from 
those squares? — A. It must have been iu the neighborhood of 18,000 or 
20,000 yards. I will have to go back to the voucher, though. 

Q. Was that charged up to the filling of the canal? — A. No, sir. 

Q. Or was it charged up to Massachusetts avenue? — A. That I can- 
not say ; I suppose the auditor's vouchers will show that. 



TESTIMONY OF BARTHOLOMEW OERTLY 1693 

Q. Who can tell you about that I — A. That will be in tlie auditor's 
vouchers. 

Q. I nndorstood from him this morning- that the liaul was chargetl to 
the canal :' — A. (), certainly we did not charge the haul to the Grov- 
ernment in the Governuient measurement. 

Q. Would you charge the Government with the earth ? — A. We 
charged the Clovernmeut 30 cents, and the haul alone was 

Q. Is this the fact, that tiie board of public works cut down this pri- 
vate pr(ji)erty and put the earth iuto the canal, aud charged up that 
grading to ^Eassachusetts avenue ? — A. I cannot say that. 1 don't think 
that was charged to .Massachusetts avenue — that grading. 

Mr. ^LvTTiNCrLY. On Massachusetts avenue, in front of that square, 
this cutting down of the property, I don't think the excavation went be- 
yond the buikliug-liue. IIow is that, Mr. Oertly? 

The Witness. No, sir. 

By ^Ir. Wilson : 

Didn't you go beyond the building-line ' — A. Of that square proper ; 
but I don't think it was charged to the avenue; but that I had nothing 
to do with. 

Q. Did I un<lerstand you to say a moment ago that that was graded 
down and the cost of the grading was set off against damages to that 
property ? — A. That was my understanding, but I beg to say that I am 
not positive about that. 

Q. What allowance did you make to the Government in measuring 
the canal for earth that came out of the avenues f — A. There is no al- 
lowance made whatever. 

Q. But there is earth that came out of the avenues paid for by the 
Government and charged ui) to the Government f — A. And the amount 
from the avenues is certainly very small. I don't think it will exceed 
20 per cent., if it possibly can reach that. You will find the charge 
made to the Government is only 40 cents. 

Q. The question I was going to ask you is, whether you had ever 
examined to see whether tlie Government had been charged twice for 
grading in this way — first charged the Government with two thirds of 
the excavation of the avenues, and then charged the Government with 
five-sixtiis opposite the Government property — Government reservations. 
Uas your attention ever been attracted to that f — A. It has been attracted 
so much to it that I think I coincided fully with Colonel Samo's recpiest 
to have a complete restatement and remeasurement. The amount 
derived from the avenues for the filling of the canal can hardly exceed 
20 per cent, 

Mr. AV'iLSON. I am talking about another matter. For example, tak- 
ing Massachusetts avenue. You charged the Government with two- 
thirds of the grading where there is private property on both sides. 

^Ir. Mattingly. That is not .so. 

Q. Then you reach the Government property. What I want to get 
at is this: Have you charged the Government with two-thirds of the 
length of the avenue, and then in addition to that charged the Govern- 
ment with five-sixths opjiosite Government property ? — A. Certainly. 

Q. Then you have charged the Go\'erniuent twice ? 

Mr. Mattingly. I don't tliink he understands your question, Mr. 
Wilson. 

(To the witness.) Did you (diarge the Government anything along the 
avenues where there is no Government property^ — A. Of course not. 



1694 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

We charged the private property one-third where there is private prop- 
erty, and where there is Goverument i^roperty we charged the Goveru- 
meiit witli the reuiaiDiiig third. 

By Mr. Wilson : 

Q. Snpi>ose there was a Government reservation inside of an avenue 
and private property over here, (indicating on the diagram.) — A. Then 
the Government is charged with one-sixth and the private property with 
one-sixth. 

Q. The Government would be charged with | ? — A. Certainly. 

Q, What I want to get at is this, whether you did not charge the 
Government with § all the way through where there is private property 
on both sides. — A. Yes, sir. 

Q. Where there is private property on both sides? — A. Always; we 
charge the Government §, and the balance, the ^-, is jjro riita per front 
foot ; whatever that rate was, is chai'ged to the frontage of the Govern- 
ment again, which is perfectly correct: can you see anything else, Mr. 
Mattingly? 

Mr. Mattingly. I don't comprehend it, I confess. 

Mr, Wilson. 1 wish you would think about that, Mr. Oertly, and when 
you return to-morrow, I will repeat that question so that you may not 
be misunderstood. 1 will pass from that for the present. 

Q. You have in your offlce, as 1 understand you, about completed, a 
map showing the size of the sewers and the length of the sewers ? — A. 
Yes, sir ; we have a map which 1 suppose will give all the information 
you desire in regard to it. 

Mr. Wilson. 1 would be glad if you would bring the map in. 

Q. Has your attention been called to the main sewers of the city — 
the large sewers f I mean such as Tiber Creek, Slash Run. Have you 
made up an estimate as to the cost of these sewers f 

The Witness. The total of them 1 

Q. Yes. Did you make up the statement that was brought to the com- 
mittee, showing the cost of the sewers thus far? — A. Amounting to 
$1,600,000! I think I did. 

Q. What did yon make that up from "? — A. Mostly from the vouchers 
we had, I think ; nothing else. 

Q. What else did you have besides the vouchers to make up that 
statement from *? — A. Did it state expenditures? I suppose the state- 
ment is of the amouut of sewerage done, because that included some cer- 
tain sections, of course, for which no actual settlement, no tinal settle- 
ment, had been had yet. 

Q. Well, have yon made up a statement showing what would be the 
cost of completing this main sewerage system 1 — A. I think 1 gave a 
statement of the kind. 

Q. Did you make up the statement in the report of the board of pub- 
lic works for 1873, showing the amount necessary to complete the main 
sewerage system i — A. I think it is signed by Mr. Cluss, but I think I 
prepared a statement. 

Q. You prepared the statement yourself? — A. I think I did. 

Q. Was it examined by Mr. Cluss ? — A. Yes, sir. 

Q. Turn to the report of 1873, page 31. Did you make up that state- 
ment showing that $1,056,565.07 would be necessary to complete the 
main sewers? — A. Yes, sir; at that day and that way, about the 
amount estimated at that time. 

Q. Then, did you make up the statement showing the aggregated 
cost of all the main sewers? Turn to page 33. 



TESTIMONY OF BARTHOLOMEW OERTLY. 1695 

The Witness, (after referring: to page 33 of the report, as requested.) 
iso, sir. 

Q. Turn back to page 2, and you will find tlie charge there for main 
sewers of $2,r)l:0,<)8L83. Did you give tlie figures upon which that 
charge was made ? — A. Xo, sir. 

Q. Are you able to state to the committee now what tlie wlu)le cost 
of the main sewerage wouhl be in this (;ity wiien completed .' — A. No, 
sir. I cannot give it to you. If you will allow some days' time, I can 
do so, but I haven't it now. 

Q. I referred to the main sewerage — not these laterals, these private 
sewers — not the ordinarv street-sewers. It will be, according to these 
tigures, about $J,GOO,o6o or 82,700,000, the whole cost. Is that cor- 
rect ?— A. Yes, sir. It will be over $2,000,000. 

]Mr. Wilson. I should like to have your figures to-morrow as to what 
these main sewers when completed will cost, and your figures as to what 
they have already cost. 

Q. In nuiking up these statements, do you embrace the prospective 
sewer down along the river! 

The Witness. For the completion ? 

31 r. Wilson. Yes, sir. 

The Witness. I did, in one case. 

Q. What is the length of that sewer ? — A. I could not tell you from 
memory ; but it is not included in that statement. I think I included 
it in that statement which was prepared for drainage-sections, 

Q, When you make up your statement to-morrow, 1 want the cost of 
the main sewerage that is now either constructed, or in process of con- 
struction, and which enters into this table to which I have directed j'our 
attention, pages 31 and 33. — A. 33 is not my table, but 31 is. 

Q. Where did the earth come from that nuide the fillings on Fifteenth 
and Seventeenth streets ? — A. That is more than 1 can say. It came 
from cellars, so'ue of it. Ffteenth street had been in a general lump 
for quite a long time, and Seventeenth street — the bulk of that filling 
had been got from various other streets, and a portion also from cel- 
lars. 

Q. Who got paid for the grading on Fifteenth and Seventeenth 
vStreets ? — A. The grading on Fifteenth street was paid to L. M. Hoff- 
man, (I think he had the contract,) and on Seventeenth street there were 
several contractors who got paid for it. I could not exactly state now. 

Q. That having been a general sort of dumping-ground for the city, 
how did you numage to estimate the quantities '. — A. Just because it 
had been such a general dump, and had been so very irregular, we were 
in that instance pretty careful to put the cross sections close together. 

Q. Did you have cross-sections and profile! — A. Y^'es, sir; in both 
cases. But, as I say, on Fifteenth street, which had been a very irregu- 
lar surface, we put the cross-sections quite close together. 

Q. That is a fill all the way across there? — A. Yes, sir; on both 
Streets — a heavy fill. 

(}. Who took the cross-sections there! — A. The cross-sections on Fif- 
teenth street I thiidc were taken by 3Ir. I'aitridge, who was then assist- 
ant engine(;r, and those on Seventeenth street, I think .Mr. Mclntyre 
took them. lie had the profile made. 

(). After the contract was let for grading and pa\ ing Fil'teenth and 
Seventeenth streets, where wa.s the earth taken from on which the grad- 
ing was done? — A. Tiiat, iiu]ee<l, I could not say. As far as I was con- 
cerned, I examined the (piantity filled. I did not sign any voucher. I 
did not have anything more to do with it. I think Mr. Barney examined 



1696 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

where tlie earth came from. It came from various celhirs and pUices, 
and what final disposition was made of it I cannot say just now. 

Q. Who can tell us about that ? — A. About Fifteenth street I tliink 
Mr. Barney cau give full explauation. 1 can give you a pretty full ex- 
planation about the amount of it, but not about the final disposition of 
the voucher. 

Q. Tell us about the amount.— A. The amount I found to be — I have 
forgotten what it was — fifteen or seventeen thousand yards. I went 
over it carefully, because in two of the cross-sections there had been 
some slight mistakes made, and I corrected them. 

Q. The earth, then, that had been dumped in there, prior to letting 
the contract by the board of public works, was not embraced ? — A. Not 
at all ; not a yard of it. 

By the Chairman : 

Q. I understand you that nothing was paid by the board of public 
works for filling the canal; that the amount of dirt put in there was 
charged for as excavation on the streets and for haul. Do I understand 
you correctlyf — A. Well, I could not say exactly. The auditor charged 
it, but in our measurements of course we ascertained the excavation on 
the street ; then measured the length of the haul ; but I could not say 
how the auditor charged it. 

Q. The contractor had contracts for grading the street; for example, 
Twelfth street"? — A. Yes, sir; and that dirt was hauled to the canal and 
thrown in. 

Q. Of course you paid for the grading? — A. We paid for the grading 
and the hauling. 

Q. J^ow, then, did yon ]>ay also for filling the canal ? — A. Xo, sir. 

Q. In no instance "? — A. No, sir. 

Q. But simply the grading and the hauling "? — A. That is all. 

By Mr. Wilson : 

Q. But you charged the filling of the canal up to the Government? — 
A. Certainly we did. 

Q. Then you made the property- holders on this street pay for the 
grading and the haul ? — A. That possibly may have occurred. 

Q. That did, didn't it. They paid for grading and the haul, and then 
the board got the money back from the Government ? — A. I suppose 
that may have occurred. 

Q. Did you give the property-holders the benefit of that little opera- 
tion, or how did they get the l3enefit of it ? — A. I suppose the District 
got it finally, and the property-holders, too. 

Q. These particular property-holders ! — A. They may not have got it. 
That may be the case. 

Q. Is not that the case 1 — A. It certainly is very plausible. 

The Chairman. I find here in Mr. Magruder's report, page 162, an 
account of Albert Gleason for filling of the Washington Canal. What 
canal is that ? 

Mr. MAaRUDER. There are a number of such charges. We paid for 
filling the canal. 

The Witness. It may be that the haul only was charged in that 
filling. 

Mr. Wilson. It charged 10 cents. 

The Witness. That would not be haul — of course not. 

Mr. Wilson. Do you know where the earth hauled from about the 
Patent-Office and Post-OlBlce last summer was taken? — A. It all went 
to the canal to my knowledge. 



TESTIMONY OF BARTHOLOMEW OERTLY. 1G97 

Q. You chargetl tlic Governineiit with tlie work Jiround the I*ateiit- 
Oilice and the Post Oliiee, did you uot f — A. A ])ortiou of it. 

Q. Between tiu^ Patenl-Otlice and the Post-Ollice it is all charged to 
the Government, is it n<>t ? — A. Yes, sir. 

Q. And five sixths wherever there is private property opposite ? — A. 
Y'es, sir. 

Q. That was all hauled down to the caual? — A. F think it was all 
hauled to the canal. 

Q Then, if the Government paid for that excavation and haul around 
the Patent-Ollice and the Post-Otliee, and the earth was put into the 
canal, the Government should not be charged with that earth in the 
caual ? — A. No, sir ; it never was. 

Q. Are you pretty sure of that ? — A. Certainly I am ; because you 
will find that the last i>ayment for tillius:;- the canal was prior to the 
work around the Patent-Office and Post-Otlice. 

Q. Fifteenth street runs entirely through Government property down 
to 1> street north ? 

Witness. To Pennsylvania avenue ! 

A. Yes. 

AYiTNESS. No, the north side is private property. 

Q. All the way down ? — A. 1 thiidi so. 

Q. How is it about B street north ? Is not there a large part of that 
that is through Government property all the way ? — A. Yes, sir. 

The Chairman. Mr. Magruder, I wish you to make a statement of 
the amount you have paid for the caual. 
By i\Ir. Jeavett : 

Q. In regard to B street, where it ruus through Government property, 
you excavated largely ? — A. No, sir ; that is all filling. 

Q. Where tlid that earth come from ? — A. That is more than I can 
tell. I could not designate the street where it came from. I mean a 
number of streets, and I suppose aportiou came from there. 

Q. You do not know whether that came from the Post-Ollice building 
or not? — A. No, sir; I think not, because the improvement had been 
mostly done when the Post-Office imijrovemeut was made. 

By Mr. Jewett : 

Q. I do not exactly understand this statement of yours. The first 
column of that — the page is a reference to the governor's report. — A. 
Y'es, sir; to the measurements. 

Q. The first column has a reference to the pages of the governor's 
answ<'r ? — A. Y"es, sir. 

Q. The next — the written matter? — A, That is a description of the 
work done. Then comes the amount charged to the (Joveruinent. 

(}. Then on this other side are the vouchers — are the amounts paid on 
vou(;hers on the same street. Now, take tin' first charge there — how 
many feet of sewer is it? — A. The first street northwest from Pennsyl- 
vania avenue to B street northwest, 750 feet. 

Q. How <lid you ascertain that ? — A. Tiiat was put in the Government 
vou(;her by Colonel Samo an<l me. We did not get enough. 

Q. How did you ascertain it? — A. We measure*! it at the time. 

i). How canu' you to make an error in the measureiiuMit ? — A. That 
is more than I can say — it was an error. 

Q. When <lid you discover the error, now ' — A. By going over the 
voucher. 

(). Then you made a measurement of distances, and that stood until 
you canu* to look at the vouchers — that is the case, is it .' — A. Yes, sir. 
107 D c T 



1698 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Now, bow do you know that the voucher is correct? — A. O, I 
know that the voucher is correct. 

Q. How do you know it is correct ? — A. I am pretty sure of that. 

Q. Did you re-measure and test the voucher ? — A. No, sir. 

Q. Howdid you test itf — A. If you desire, I will test the voucher. 

Q. Not at all. — A. I have got the utmost confideuce in my vouchers. 

Q. You are an engineer ; you make measurements of tlie work done, 
and you lind 700 feet is tlie length of the particular work. Do you 
settle when you give to the workmen a voucher ? Do you look to your 
measurements ? — A. Certainly. 

Q. When you come to settle with that contractor, are you governed 
by your measurements or by his statement ? — A. No, sir ; by our meas- 
urement. 

Q. How did you find there was an error, if you have not measured it 
since ? — A. I do not exactly understand you. This other 

Q. You say, when you made the measurements you found there was 
so many feet of sewerage put in there ; you make that statement. Now 
you say that that was wrong. Am I correct ? — A. Yes, sir. 

Q. The only reason you have to believe it is wrong is that the voucher 
shows that there has been a payment made to the contractor beyond 
that to which he would be entitled if your measure was right. Is not 
that the case f — A. Yes, sir. 

Q. You take it for granted, then, that the voucher is right and that 
your measurement is wrong ? — A. Yes, sir ; I took it for granted be- 
cause the measurement was a hurried one. 

Q. As an engineer, do not you think that is a very violent conclusion 
to come to f — A. No, sir ; I do not. 

Q. Are you in the habit of settling with contractors to make up an 
estimate of the amount that is due, without regard to your measure- 
ment ? — A. No, sir ; I am not in that habit. 

Q. How came that voucher to be given I— A. I will say, if you please 
to listen to me, this was a hurried measurement — the Government 
measurement, and it was always subject to re-measurement. It is no 
voucher measurement at all. 

Q. I asked you the question if you had re-measured, and you said no. 
— A. I say it Was a hurried measurement, made for Government meas- 
urement, no voucher measurement. 

Q. Still you remeasured f — A. The voucher is certainly a remeasure- 
ment, and the correct one. If you desire it, I will remeasure it, of 
course. 

Mr. Jewett. Not at all. 

By Mr. Stanton : 
Q. Mr. Oertly, are not these vouchers issued uponremeasurements! — 
A. They really have no reference whatever to the Government meas- 
urements. 

By Mr. Jewett : 

Q. Then you presented that paper as showing to this committee the 
work done 1 — A. Yes, sir. 

Q. The number of feet of sewerage put in ! — A. Yes, sir. 

Q. And the corresponding column on the other side and the amount 
paid on account of that sewerage ? — A. Yes, sir. 

Q. Now, if that measurement was wrong, why did you put it there ? 
— A. That is the very reason I wanted to bring it in. I want to vindi- 
cate my average price I assumed, and which I certainly think was right. 
My average price which I assumed 



TESTIMONY OF BARTHOLOMEW OERTLY. 1699 

Q. Do you tako it that you vindicate your averafje price by piescut- 
ing a iiieasiiieineiit wliicli i.s not correct ". — A. 1 did not do so. I say 
that the amount which was i)aid on tliis average assumption, comes 
witliin a reasonable sum of the amount actually paid. 
Q. You are an engineer ? — A. Yes, sir. 

Q. One great i)ower of that is to demoustrace facts and conclusions, 
not to deal in averages '? — A. There are a ver^- few engineers who really 
demonstrate well. 

Q. What was the diameter of the pipe put in that sewer ? — A. As 
you say, just take that other paper. 

Q. What was the size of that pipe ? — A. This, I think, was a 12-incli 
pipe in the one case. 

Q. I did not ask what you think — come, what was the size of it ? — 
A. 1 could not say ; 1 will have to go back to the voucher. 1 will give 
you the sizes of all of these if you desire, and then you can make out 
a statement. 

Q. Does it api)ear on the paper ! — A. Xo, sir ; nor on this paper in 
this case. 

Q, Can you tell me how much of this sewerage included within that 
statement was 24-inch t — A. I could not this moment. 1 shall be able 
to give it to you. 

(}. Do your accounts anywhere show the various sizes ? — A. Yes, sir : 
they always do. 

Q. Now, in making your estimate of your average, did you place 
before you at the time the number of feet of these various sizes used ? — 
A. Xo, sir; if I had had them I never would have used an average. 

Q. What is the ditference between the cost of laying a 12-inch pipe 
and one laying a 24-inch pipe, inclusive of the pipe ? — A. 1 think be- 
tween 12 inch and 24-inch pipe must be about three dollars difference. 
The i)rice of the i)ipe increases very rapidly in size. 

Q. In securing, the pipe for the use of this city, did you bu}' by the 
ton or linear foot? — A. I had nothing to do with that. 

Q. Do you know how the purchases were made ? — A. Well, that was 
none of njy business. We had a schedule of the board stating prices 
of this ])ipe per linear foot. 

Q. Do you not know, as an engineer, that in large contracts, large 
amounts of pipe can be bought mucii more economically by the ton 
than by the foot ? — A. I have nothing at all to do with that. That was 
not in my branch. 

Q. How could you make an average unless you knew the various sizes 
of pipe used in the city ? — A. Well, so 1 did. I stated it here. 1 give 
it in this statement here. 

Q. You do not give the size ? — A. Yes, sir, I do. 
(^, You give the sizes, but you don't say a thousand feet of 24-inch 
or one hundred ? — A. As I just mentioned a while ago, if 1 had known 
these correct lengths, I would never ha\e made the average; I would 
have given the ItMigths exactly. 

(»). Is it a safe way to do business : — A. Perfectly safe to my Unowl- 

edge. Of course if you have 

(}. Then, if there is three dollars difference in the price, suppose there 
had been a thousand or fifty thousand feet of pipe laid ; if there was 
but one thousand of the 21-inch pipe, the balance was all a 12-iiK-li pipe, 
your average would be very low, would it not ' — A. J never would iiave 
made it. 

Q- Why not; on ac(;ount of its error? — A. l>ut my impression Itorne 



1700 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

out is pretty nearly correct ; was that tbe 18-inch pipe would be a fair 
average between the 12-inch and the 4-lbot brick sewer. 

Q. How much more of 12 inch pipe was there laid than 24 ! — A. I 
could not give the correct statement to you now. 

Q. Don't you know that there was more than double 12-inch pipe than 
2-1-inch ? — A. More that ten times. 

Q. Then, if there was 10 feet of 12-iuch pipe laid to one of 24, upon 
what principle would you make 18 an average ? — A. You multiply 10 
feet by 12-iiich and one foot by the 24-iuch pipe, and divide by 13. 

Q. Would that bring out 18? — A. Xo; that certainly would bring 
out the average price, if those given lengths had been used at the stated 
price. 

Q. That you make the average what ? — A. It would make the aver- 
age price of the pipe representing the value of those two kinds. 

Q. Would that make it equal to the 18-inch pipe ! — A. No, sir ; it 
would not. 

Q. Now you say that was the proportion of the two pipes about? — A. 
We didu't use much of the 24-inch pipe, but we used mostly the 12-inch 
pipe. 

Q. What proportion of 18-inch pipe did you use? — A. That is pretty 
hard to say, for me, just now. It is a pretty large proportion ; a still 
larger proportion of 15-inch pipe, and then quite a large i)roportion. 

Q. Was not the proportion of 24-inch pipe very slight indeed 1 — A. 
We tried to avoid the use of it altogether. 

Q. Eighteen-inch pipe was about the best you did use! — A. Eigh teen- 
inch and 20-inch. 

Q. Was it not principally 18-inch ? — A. For the largest size, I sup- 
pose mostly 18 iuch. 

Q. You spoke of 4-foot brick sewer. Is that included in this aver- 
age ? — A. Yes, sir. 

Q. What portion of the sewer was 3 feet? — A. There is quite a num- 
ber. 

By Mr. Wilson : 

Q. Where is this 4-foot brick sewer you speak of? — A. There is one 
across New Jersey avenue and one on Pennsylvania avenue. 

Q. Whereabouts is that on Pennsylvania avenue? — A. From Twelfth 
steet to Tenth street east. 

Q. When was that put in?— A. In the fall of 1872 mostly. 

Q. W^here is that on New Jersey avenue? — A. D street south. 

Q. How much was there of it? — A. A portion there and a portion in 
Providence Hospital square, and it crosses New Jersey avenue. I think 
it is only 172 feet. 

Q. When was that put in? — A. That was put in prior to the other, in 
the early portion of 1872. 

Q. Prior to the Boone? — A. No, sir; I say in the early part of 1872. 

Q. Was there any more than these two pieces you hav-e spoken of ? 

The Witness. Four- foot sewer ? 

Mr. Wilson. Yes. 

A. Yes, there is one on L street. 

Q How much is there of that?— A. I think that is in the neighbor- 
hood of 170 feet. 

Q. Whereabouts on L street is that? — A. On Connecticut avenue. 

Q. When was that put in?— A. About the same time. 

Q. Any other place? — A. Not to my remembrance just now. 



TESTIMONY OF BARTHOLOMEW OERTLY. 1701 

Q. Of the 4-foot sewer or 3-foot 0-iiicli sewer ? — A. You bad better let 
me get the correct length from luy table. 
Q. Very well. 

By Mr. Jewett : 

Q. What is the difference between tlie cost of the 4-foot brick sewer 
and the -4 incli iron 

The Witness. Twenty-foiir-inch terra cotta? 

]\[r. Jewett. Yes; such as you used. 

A. I suppose the dittereuce to be from three to four dollars. 

Q. In favor of which ? — A. The brick sewer would actually cost that 
much more. 

Q. And the 4-foot sewer would cost three or four dollars more tbau 
24-inch pipe? — A. Y^es, sir. 

Q. What would be the difference between the sewer 3 feet 6 inches 
brick and 18-inch pipe '. — A. You had better allow me to make a cor- 
rect statement of that. I do not carry all these figures in my head, but 
1 can give it to you. 

Q. Then your average includes the brick and iron sewers too ? — A. 
Y'es, sir; brick and terracotta sewers. 

Q. Can you give the exact length of each of the various kinds of 
sewers '? — A. If you will allow me to, I will do so. 

By Mr. Merrick : 

Q. Did I understand you to say you made up all the prices for this 
work that was charged against the Government in this account that 
was rendered against the Government ? — A. I think you will fin<l most 
of the ])rit*es l>()ard-i)rices. 

Q. What prices were rendered, were they rendered by you '? — A. Y^es, 
sir; General Babcock referred tome, and 1 gave him as well as 1 knew, 
and in this case of the 470, that is exclusively mine. 

Q. Did you give him the prices also for paving on the streets ? — A. 
Y^es, sir. 

Q. From what did you take that I — A. Do you mean the patent pave- 
ments ? 1 i)rocured a schedule of jtrices Irom the auditor's oihce, and 
I gave those according to that schedule. You will find that there are 
two mistakes made, one on Third street and one on F street. 

Q. Are those the only mistakes ? — A. To my knowledge, 1 thiid<. 

Q, I would ask you how it comes, then, that on page 308 of the gov- 
ernor's Answer, in the charge against theGovoriuuent for a wood pave- 
ment on Pennsylvania avenue, at reservation 21 and 20 ami Nineteenvh 
and Eighteentli streets, to duirge the GovernnuMit in each case 83.70 
per stpnire yard for the i>av«Mnent ? — A. 1 will explain fully. The first 
measurement, I think, 8100,000, July or August, 1872. These lirst 
measurements were not made by Colonel Samo, but by a gentleman by 
the name of Aldrich. 

Mr. MATTiNtiLY. That has been explained already. 

Governor Shepherd. Explain again how it was. 

A. ]\Ir. Aldrich, he rather measured without our assistance ; ;ind lie 
got up tlie bill of imi)rovements; that is the way it occurred, lie m;id(^ 
sundry other mistakes. 

Mr. Stanton. Was that correct ? 

A. Yes, sir. 

Q. Wiio made that bdl .'—A. Mr. Aldrich himself. 

Q. You did not make uj) that bill .' 1 understood from tin' leslimony 
heretofore given by ."Mr. Forsyth th;it yon, .Mr. Sjinio. and Mi', i'orsylh 



1702 AFFAIRS IX THE DISTRICT OF COLUMfilA. 

made all of the ineasuremeuts of the (xovernmeut work. — A. Except 
this first one. 

Q. Of Peuusylvania avemic? — A. And I think some portions of New 
York avenue, and a few more. 

Q. Youthen did not put down this scale of prices and these measure- 
ments ? — A. No, sir. 

Q. This is the measurement rejtorted by General Babcock and on 
which the payments were made? — A. You will tind the prices — almost 
all of them svere made. 

Q. When were they corrected and how? — A. You will find the cor- 
rections on page, I think, 414. You will find in the credit given 

Q. Much credit ? — A. The credit to the District; you will tind the 
corrected prices $3.50. [The witness i)oints out the corrections to Mr. 
Merrick.] 

Q. And that is the case with all these three reservations? — A. Yes, 
sir. 

Mr. Stanton. You were asked what was the test of correctness of 
this column, showing the actual cost from the vouchers; was not each 
one of these vouchers made up from measurements made by the en- 
gineers? — A. Yes, sir; very careful measurement. 

Mr. Wilson. I would suggest to you, Mr. Stanton, that as most of 
the committee have left, under the impression that the committee wavS 
aV»out to adjourn, that you had better defer your examination with 
reference to that until to morrow. 

Mr. Stanton. A^ery well, sir. 

The committee thereupon adjourned until to-morrow morning at 10 
o'clock. 



April 20, 1874. 

William F. Mattingly sworn and examined. 

By the Chairman : 

(Question. We have been taking some testimony I'elating to the where- 
abouts of A. B. Kirtland. Have you any knowledge upon that subject ? 
and, if so, I wish you would state to the committee all you know about 
him. — Answer. I have not any knowledge of his whereabouts. I saw 
Mr. Kirtland while he was here, and I cau relate to the committee all 
that took place, and the circumstances. 

Q. State when you saw him. — A. As a prelude to that, I desire to 
state to the committee this : that after we understood that the commit- 
tee had failed to find Mr. Kirtlaud in New York, we made every eftbrt 
to obtain his attendance ourselves, and sent a man on to New York 
after him. The report we received from him was that Mr. Kirtland was 
not in the city. He returned. Shortly after that, Mr. Storrs informed 
me that Kirtland was in town. I had several interviews with Mr. 
Storrs at the Ebbitt House in the rotunda, publicly, and I intended 
that they should be so ; he insisting all the time that the man was here. 
I felt exceedingly doubtful upon the subject, and expressed my doubts 
to him. Mr. Storrs tinally sent for me one day, or one evening, and 
told me very positively again that Mr. Kirtlaud was here. I asked him 
how he knew it. He said that he had been assm^ed so most positively. 
I asked him if he had seen him, and he said nO, he had not, but he 
had an ap])()intment to see him on that evening; that he was here 



TESTIMONY OF WILLIAM F. MATTINGLY. 1703 

under the name of Biusmore, or Binuiore — I think some such name 
as that. I toUl him I was very anxious to find out whether 
Mr. Kirthmd was here or not ; that we wanted his testimony. 
He tohl me the hour he had for an interview. I was informed that 
Mr. iStorrs had gone to the honse of Mr. Wilcox. I did not know 
whose house it was at that time, and I did not know Mr. Wilcox's name. 
I never saw him to know him. 1 did not ascertain that eveninf>' who 
lived in the house. 1 afterwards j>ot the number of the house and the 
location. It was on Sixteenth street between I and K, or K and L — 
a brick house. 1 saw Mr. Storrs afterwards and he told me that he had 
had an interview with Mr. iJinsmorc^ 1 endeavored on that occasion 
and on several other occasions afterwards to get from Mr. IStorrs a 
statement as to what Mr. Binsmore had tohl him. He was very 
mysterious about the matter, and I never could get anything out of 
him at all. That still rendered it doubtful in my mind as to whether 
Kirtland himself was here or not. This continued for several days. 
Mr. Storrs would send for me almost daily. I would see him. lie in- 
sisted all the time that the man was here, and that he had seen him, 
and I by my manner more than in words signified my strong doubts. 
Finally one morning last week — L do not remember the precise day, 
but it was the day that tlie committee had adjourned over 

The CiixUKMAN. Thursday. 

The Witness. I do not know whether it was Wednesday or Thursday. 

Mr. HuBBELL. Thursday we adjourned over, and concluded to go 
Friday. 

The Witness. Well, then, it must have been Thursday'. It was the 
day the committee adjourned over. Word was sent to me professionally, 
in confidence, that I could have an interview with Mr. Binsmore at the 
Ebbitt House. I immediately went up there. I was told the number 
of his room and went into his room. To be certain that uo job was 
endeavoring to be put up on me 1 had made incjuiries as to Mr. Kirt- 
land's personal appearance, so that if I saw him 1 could recognize him. 
1 went into the room. He was alone. 

By the Chairman : 
Q. What was the number of the room ! — A. I think it was number 19. 
He was there under the name of Hogle. I went in and spoke to him. 
His appearance corresponded with the description 1 had had of him, and 
I had no doubt that he was ^Ir. Kirtland. i told him that we had been 
endeavoring to secure his attendance, and were exceedingly anxious 
that he should testify before this committee, and I would be glad if he 
would make me a detailed statement of tiie entire transaction. He was 
apparently in an extreme state of nervous excitement; he had a big 
scare upon him. and api>eared very much indisposed to talk ; he said he 
had come on here; that he had not decided in his own mind whether he 
would testify or not, and that was the reason he had remained hero 
during this time under an assumed name, and had kept out of sight; 
tliat if he did testify he did not want to come before the committee 
until everybody else had appeared. I then repeated myreqiu'st to him, 
that I would like to know from him his relation of all of the cijcum- 
stances of the case. He seemed very reluctant to talk about it indeed, 
which rather surprised me, because he had, as 1 uiulerstood, sought t!ie 
interview. He said that if he came before the committee he did not 
want to be dragged there by tlui Sergeant-at-Arms, or an ollicx'r, but 
wanted to coitie voluntaiily. The impression ])roduc"e(l upon mv mintl 
was that he, not knowing me, was feailiil that 1 might probably disclose 



1704 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Lis presence here and Lave Lim brougLt up, and, in order to get front 
him wLat Le would state, I told Lim that he might rest assured that I, 
under the circumstances under which the interview was had, would 
notavail myself of the opportunity that I had had to disclose his presence; 
and that is the reason why I did not. We had a conversation then for 
some time, and all that I succeeded in getting out of him was upon asort 
of cross-examination and pretty severe pumping. I asked him as to his 
first connection with the matter with Mr. Chittenden. He said he was 
boarding at the Arlington ; at the same hotel with Mr. Chittenden. He 
had understood that Mr. Chittendeu's object here was to obtain a con- 
tract from the board of public works ; he made his acquaintance at the 
hotel-table ; that he entered into conversation with Chittenden, and 
Mr. Chittenden finally invited him uj) to his room; that he and Mr. Chit- 
tenden then had a conversation in relation to the probability of obtain- 
ing a contract, and that Mr. Chittenden informed him that he was here 
representing De Golyer & McClellajid, and was endeavoring to get a large 
contract from the board of public works to lay the De Golyer pavement 
here; that they had talked over the merits of the pavement, and Mr. 
Chittenden showed him all the papers and documents he had relative 
to the value of this pavement as a wooden pavement; that he told Mr. 
Chittenden that he thought he could secure him a contract. I then 
asked him if he Lad read over Mr. CLittenden's testimony. He said he 
Lad. I asked Lim wLetLer tLat was correct or not. He said it was sub- 
stantially correct; tLat Mr. Chittenden was mistaken in saying that he 
had told him that he could exercise a very large intinence. I then asked 
Lim wLat influence Le told Mr. CLittenden Le could exercise. He said 
at first tLat Le did not tell Lim tLat Le could exercise any influence. 
My remark to Lim tLen was tLat it struck me as very ])eculiar, as it 
would anybody, tLat Mr. CLittenden would Lave made a contract 
witL Lim, agreeing to i)ay Lim tLis large sum of money for securing 
a contract, Le being a comparative stranger to Mr. CLittenden, unless Le 
Lad made some representations to INIr. CLittenden as to the influence he 
could control. He appeared to talk about that very reluctantly, and 
finally said that the influence Le Lad in Lis mind at that time was the 
influenceof Mr.Page; that he had had a conversation with Mr. Page, when 
Mr. Page Lad told Lim that he had influence here, and he thought he 
could secure a contract if opportunity occurred. I then asked him 
whether he represented to ]Mr. Chittenden what Mr. Page had told him.. 
He said he had. I then asked him what was done. He said an inter- 
view was had with Mr. Page; acoukact was entered into between Chit- 
tenden and Page, in which there was some limitation as to tlie time 
witLin AvLicL tLe contract was to be obtained; tLat time passed on ;. 
they were pressing Mr. Page, Page representing that Le was making 
every effort tLat Le could; and tLat finally Le (Kirtland) became satis- 
fied tLat Mr. Page could not accomplisL any tLing, and Mr. Page was invited 
to Mr. CLittenden's room at tLe Arlington, and eitlier tLey succeeded 
or CLittenden succeeded in getting tLe contract from Lim. I tLen asked 
Lim what subseiiuently took place. He stated that he recommended 
to Mr. Chittenden that the services of Mr. Parsons be secured, and 
subsequently of Mr. Garfield; tLat tLeir services were obtained. 1 
asked Lim if Le knew of any interviews between Mr. Parsons and 
Mr. Garfield and tLe board of public works, or any member of the 
board; and he said he did not; he was not present at any interviews 
which they had. I asked him whether he had himself ,'^een any mem- 
ber of the board of public works. He said he had not. I asked him 
whether Le Lad ever Lad any interview witL Governor Shepherd. 1 had 



TESTIMONY OF WILLIAM F. MATTINGLY. 1705- 

])reviously been infonned by Mr. Sho]iher(l that he did not know Mr. 
Kirtland, and, to liis knowledge, had never seen hin). lie said the only 
interview he had had with ]Mr. Shepherd was after the award had been 
made, and J)e Ciolyer »S: McClelland relnse<l to give the notes nnless they 
had a contract in writing; they were not satisfied with the award, and 
that he met Mr. Shei)herd one day, and told hitn that he was anxions — 
that l)e (Jolyer »S: McClelland were anxions — to have the contract nnder 
the award ; that .Mr. Shei»herd told him it did not make any ditterence ; 
that the award was just as good as the contra(;t, and that that was all 
the conversation which took place between them. After this conversa- 
tion with Mr. Shepherd, I asked him whether he had sncceeded in get- 
ting the notes. He said he had, and that the whole 872,000 of notes 
was turned over to him. I then asked him what disposition he had 
made of these notes. He did not seem very much disposed to tell about 
that. I told him he would have to tell; that he would probably be 
called upon to testify, and the committee would want to know what dis- 
jxisition was made of those notes, ami, doubtless, indeed, of the whole 
matter. I was anxious to have him tell. He said he had used those 
notes for his inivate jiurposes. I asked him whether any member of the 
District government ha(l in any way received those notes, or any por- 
tion of them. He said they had not. I then told him that it was al- 
ready in testimony before the committee, as I supposed he knew, that 
he had negotiated tiiese notes in Chicago with Mr. Holmes, and 1 endeav- 
ored to get from him the amount of money that he had received from ^Ir. 
Holmes for the notes, but failed in doing so, except partially. He said he 
had two negotiations with Mr. Holmes. He negotiated with him, in the 
first place, two notes, I think of 810,000 each, or a note of 820,000, but [ 
forget which : the amount was820,000, 1 think ; that for those notes he re- 
ceived 812,0U0 in cash. 1 then questioned him very closely as to the 
amount he had received for the residue of tiie notes, and got from him 
this : that he had made a trade with .Mr. Holmes for the balance of the 
notes, in which he received some Chicago real estate, a team of Mr. 
Holmes — team included horses, carriage, and harness — ami some amount 
in money. 1 (tould not get from him a statement of what that amount 
was. I asked him whether this property that he got from .Mr. Holmes 
was mortgaged. He said it was. I asked him if he knew it was mort- 
gaged when he took it. He said he did. I asked him to whom it had. 
been conveyed. He said the title was in his wife. I asked him wiiether 
the property was mortgaged to its full value or not. He said at that 
time he thought he could make something out of it, but the crisis cami- 
on ; that 81,200 interest had now accrued on the mortgages which he 
had not paid, and he was doubtful whether he would realize anything 
on the ])roperty or not. I asked him whether Mr. Chitteiulen 
had received or whether he had promised to give him any of 
these notes or any portion of them. He assured me most positively 
that he ha<I not. I told him that it was evident to my mind 
that the imi)ression produced on the mind of the committee by Mr. (Miit- 
tenden's testimony was that he and Mr. Chittenden bad divided these 
notes. He said it was not so; that Mr. Crittenden had not reccix'ed 
any portion of the cash nor of the notes, and that he had not pr(»iiiised 
to i>ay him any poition. I then asked him what dis])osition he had 
made of the cash. He did not seem disi»osed to talk about tliat 
matter. It seemed to be a tender point with him. I luessed it 
upon him in every conceivable way. 1 asked him whether any 
member of the board of public works, to his knowledge, had received 
any i)ortion of it. He said they had not; that no persou coimected 



1706 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

with the board aud uo persou in this city had received any portion of it. 
I tokl him I did not see any objection to his stating to me who had re- 
ceived it. He said he could not tell me ; that he had used it for his 
private purposes. I asked him whether he had expended it for his pri- 
vate purposes, or whether he had given it to any parties to whom he 
had previously promised any of it. He said a portion of it he had 
given to parties to whom he bad made previous promises. I asked him 
who they were. He would not tell. He repeated that it was uo per- 
vson in this city. I pressed him upon that point, and the only name I 
succeeded in getting out of him was the name of this man Brown, who 
has been referred to, this William Colvin Brown. He said he had given 
him a portion of it. I asked him how he came to give Mr. Brown any 
portion of the money. He said he had made a previous promise that, 
if he succeeded in getting these notes, and realized on them, he would 
pay him a certain amount of money. I pressed him to ascertain from 
him w hy that was done. All that I got out of him was that he had promised 
Mr. Brown that money; and I inferred from the general tenor of his con- 
versation that it was not for Brown's own private use, but was for some 
one else, through Mr. Brown. I tried to get out from him who it was 
for, but I could not succeed in doing so. I told him in the commence- 
ment of the interview that he had placed me in a very embarrassing 
position ; that we had been endeavoring to secure his attendance ; that he 
bad information of our endeavoring to get him in New York; that I 
was very anxious to have him testify, aud saw no objection to his testify- 
ing. He was undetermined as to whether he would testify or not. He 
.said he would consider the matter, aud if he concluded to testify he 
would come voluntarily before the committee and would do so. 

This is in substance the details of the conversation, so far as I re- 
member. 

By the Chairman: 

Q. Did he not ask you to communicate with any one here as to his 
presence; to send anybody to him? — A. He told me this; 1 had been 
iuformed by Mr. Moore of his connection with Mr. Kirtland, and I was 
anxious to know whether he would say that Mr. Moore had received 
any portion of this money. I asked him and put questions to him with 
that view. He told me that he (Moore) had not; that he had declined 
accepting any of it; that he had promised to give him a portion of either 
the notes or the proceeds of the notes, I forget which; that he had 
offered it to him, aud that he had declined to accept it. I asked him what 
object he had in going to Mr. Moore, and he seemed very reluctant to 
talk about Mr. Moore. I finally put the question to him whether it was 
owing to his knowledge of the relation that existed between Mr. Moore 
and Mr. Shepherd, he knowing that Moore was a member of the firm of 
Shepherd & Co., and I inferred more from his manner than from what 
he said that that was the reason why he had gone to Mr. Moore ; that 
he had known Mr. Moore intimately before that; made his acquaintance 
here some years ago, I believe. He told me that he had been obliged to 
keep very close here ; that be did not want his presence known, and be 
would be very glad to see Mr. Moore, and would be glad if I would 
send him to him. I saw Mr. Moore, gave him the number of the room, 
and told him to go aud see him. 

Q. When was this; do you remember the day?— A. It was on the 
same day. 

Q. It was before we took our ride around through the city ! — A. Yes, 
sir. • 



TESTIMONY OF WILLIAM F. ^LVTT1NGLV. 1707 

Q. i)i(i he isay to you whether or not he had relied upon Mr. Moore 
to help him about the contract f — A. I interred from what he said that 
his reason for so"'S' to ]Mr. Moore was to secure 3Ir. .Aloore's influence 
with yir. Shepherd, if possil)U\ 

Q. And that he had i»een in communication with ^Ir. IMoore before the 
contract was awarded .' — A, (), he had known Mr. Moore intimately lor 
some years. 

Q. bid he say anythinji' about havinft- used Mr. IMoore in any way 
before the contract was awarded? — A. He said that he had liequent 
interviews with Mr. Moore, and that his hopes were that Mr. ^toore 
would speak to Mr. Shepherd about it. 

Q. He did not say tliat he had any understanding with iNIr. IMoore as 
to a division of the money? — A. Yes, sir; I asked him whether he had 
promised to give Mr. Moore any portion of these notes or the proceeds 
of them, and he said he had. 

Q. liut did not in fact do so ? — A. No, sir ; he said he offered them to 
Mr. Moore, and he declined to take them. 

Q. Did he tell you the portion ? — A. I had then ascertained from Mr. 
Moore bis connection with Mr. Kirtland, which 1 was very much sur- 
prised to learn. He had concealed it from Mr. Shepherd; that is, he 
had not informed Mr. Shepherd anything" of it. 

Q. When did Mr. Moore lirst tell you about this matter ? — A. Only 
within a few days previous to that. 

By Mr. Stewart : 
Q. How did that come up ? — A. It came up in this way. I had al- 
ready explained to the committee before you came in, ]Mr. Stewart, that 
this man was here under an assumed name, and I was in considerable 
doubt whether he was here or not, and that I was making inquiries to 
ascertain the description of the man, so that I would know him if I saw 
him. Having ascertained that he had been to IVIr. Shepherd's store on 
the avenue fre<piently to see Mr. Moore, and had conversations with Mr. 
Moore in the oflice, and that he knew him, I went to Mr. Moore to get a 
description of the man, and he gave me a pretty definite description. 
Mr. Moore, either at that time or afterward, told me all he knew about 
this thing. 

By Mr. Wilson : 
Q. How did you know that he had had frequent communications with 
Mr. Moore ? — A. Mr. Moore told me that he used to bother the life out of 
him, and that he had tohl Mr. Shei)herd one day that he wished he 
would hurry up and decide that matter one wa}' or the other ; that these 
men were occupying all his time. 

By the Chairman : 
Q. Have you any idea where ]\Ir. Kirtland is now ? — A. None in the 
world. When [ left Mr. Kirtland he was in doubt as to whether he 
would testify or not. 1 used all the persuasion I could to get him to 
testify. 

By ."Mr. Wilson: 

Q. And did you tell (Governor Shepherd that you had seen Kirtland ? 
— A. 1 told him afterward ; yes, sir. 

Q. How longafterward '! — A. The same evening, I think. I nirt him 
that evening. I told him what ]>osition I was in and the jtromisc 1 had 
made in this matter. The interview was ha<l in sucii a manner. 

(,). Did you tell him what Kirtland had told von? — A. Ves, sir ; he 



1708 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

was in liopes tbat Mr. Kirtlaiul would conclude to testify ; and I told 
Billy Moore when Kirtland wanted to see him that he was anxious that 
he should testify, 

Q. Did you see Mr. Moore last night ? — A. Yes, sir. 

Q. What time ? — A. I do not know what time it was I saw him ; it 
WHS after his examination was through here. 

Q. Where did you see him "? — A. At the club-house. 

Q. Who else was there ? — ^^A. There were quite a number of gentlemen 
there. The way it came about was simply this: When Mr. Shepherd 
and myself left the Capitol here, we walked down the avenue together, 
and on his way home Mr. Shepherd went over to his place of business, 
and Mr. Moore told us that he had been summoned to appear before the, 
committee.' Mr. Shepherd told him to go right up, and he said there 
was nobody in the store. Mr. Shepherd volunteered to stay there him- 
self. He told him that he was not sufficiently familiar with the business. 
He would prefer to wait until Tom came in — that is Mr. Shepherd's brother 
— and would go up then. I told Mr. Moore that I would be at the club- 
house that evening and would be glad to have him come up after he got 
through. We had previously, before leaving here, agreed to meet, as we 
have throughout this investigation had frequent meetings at the club- 
house, it being more convenient for Mr. Stanton and myself, who both 
live in that neighborhood, in relation to the conduct of business before 
the investigation. 

Q. Do you recollect anybody else who was ]U"esent last night at your 
interview with Mr. Moore at the club-house ? — A. Mr. Harrington was 
there. 

Q. Who else ? — A. There were plenty of gentlemen there ; but nobody 
else was present at that interview. The interview was aside. 

By the Chairman: 

Q. It was a private interview? — A. Certainly, sir. I suppose there 
were fifteen or twenty gentlemen, probably, about the club-house. 

Q. Did it not occur to you that you would be seriously compromised 
by this, unless Mr. Kirtland would come here? — A. It did, sir ; and, as 
I told Mr. Kirtland, I was placed in a very embarrassing situation about 
the matter, and I was in hopes he would testify, and tried to persuade 
him to do so; but I was offered the interview with him, and I thought 
it was proper and right that I should have it. I was not certain until 
I saw him that Kirtland whs here. 

By Mr. Wilson : 

Q. After you had had these repeated assurances from Storrs that he 
was here, and before you saw him, you were under no obligation of se- 
crecy to him or anybody else. What reason had you for withholding 
that from the committee, if you desired his presence and knew that the 
conimittee desired his presence here very much, and had been seeking 
for sometime to get him here? — A. For this simple reason, that in my 
frequent interviews with Mr. Storrs, there was an air of mystery about 
him that I could not comprehend. I could not get from him any state- 
ment at all as to what this man had told him ; and several things had 
occurred during this investigation which induced me to believe that 
some eftbrt might be made to put up something on us, and I was under 
the impression that probably Mr. Storrs was being imposed upon. I 
wanted to know ceitainly myself whether the man \^ as here or not. 

(),. They could not put up anything on you by giving you information 
of that kind. They could not set up anything on you in that way "? — 



TESTIMONY OF WILLIAM V. MATTINGLY. 1709 

A. 1 had beard— I think it was the next morning- after Mr. Storrs told 
me that he was here— I had lieard down here in the committee room 
that Mr. Kirthuid w;is in town. 

Q. You knew that the committee was very seriously desirous to get 
Mr. Kirtland here .'—A. I did, and I did not supi)ose tiiat my interview 
witii ^fr. Kirtland would have any tendency to keep him away. 

Q. Of course not, sir ; you said after you had seen him that you were 
under some ol)li,iiation of secrecy, but before you saw him, after havinj;- 
these rei)eated assurances that he was in the city, 1 do not for my part 
see how you could have been compromised in any way by giving the com- 
mittee that information ? — A. 1 would not have felt Justilied, the 
information coming from Mr. Storrs to me as brother attorney, in making- 
known any statement that he had made to me. My whole object in 
seeking the interview was iu the first place to be assured that it was 
Mr. Kirtland, and in the second place to secme his attendance, aud I 
was ill hopes when I left IMr. Kirtland that he would testify. 

Q. lie <lid not consult you as his attorney ? — A. He did not consult 
me as an attorney, but he spoke to me as one attorue^- would speak to 
another. 

Q. lam speaking of Mr. Kirtland; Mr. Kirtland did not speak to 
you as his attorney t — A. Some suggestion was made about my being 
his attorney or his employing an attorney. I, of course, ignored that 
idea at once. I told him that I could not occupy any such position as 
that ; that that was done with the view apparent to my mind of securing 
an additional pledge on my part that I should not make his presence 
known here ; and if I had not made him that promise 1 do not suppose 
that he would have talked to me at all. 

By the Chairman : 
Q. Did you make him a promise prior to this examination that you 
would not disclose his ])resence or what he said to you ? — A. O, yes ; 
he was very reluctant to talk when I went into his room. I was sur- 
prised that he would not talk, and talk freely, as the interview had been 
sought by him. 

Ly Mr. Bass : 

Q. You say you wanted his presence here as a witness? — A. I'es, sir. 

Q. Had you any subp(ena for him, or did you cause him to be sub- 
poenaed when you found that he was heref — A. As I said a little while 
ago, I was doubtful whether he was here ; iu fact I did not believe that 
he was. 

Q. When you ascertained that he was did you subpcena him or cause 
him to be sub])(i'naed f — A. I did not ascertain that he was here until 
thiJt very morning when I saw him. 

Q. Did you cause him to be subpoMiaed then ? — A. ( 'ertainly not, sir. 
I should not have felt authorized to do so under the promise 1 had made 
to him. 

Q. ^Vas anything said in that interview by Mr. Kirtland with refer- 
ence to the effort which this committee had made to lind him, and as to 
wher(r and when he liad kept out of the way, and as to whether he had 
received the sul)po'na left at his house ''. — A. Ilesaid that he had received 
a telegram ; 1 tliink it was from the committee. Om^ reason that he gave 
me as a reason why he did not desire to testify before the committee was 
this: He said he had written a letter, a foolish letter, to Mr. Wilcox, 
which Mr. Wilcox had i)roduced to the committee, and that in that 
letter he had used expressions which he had no doul)t he would be 
called ui)on to exi)lain, and he could iiol explain them. 



1710 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did he say anything with reference to having received a subpoena 
or copy ? — A. No, sir ; he said he had not. He said he had received a 
telegram, and that was tho only notice he had had. 

By the Chairman : 
Q. Have you stated all your connection with this matter ? — A. I think 
1 have stated the whole of it, sir. 
The committee here adjourned. 



Tuesday, May 5, 1874. 
The committee met pursuant to adjournment. 
The journal of the proceedings of yesterday was read and approved. 

George R. Chittenden recalled and examined. 
By the Chairman : 

Question. Do you know Colonel Moore, of this city I — Auswer. I do; 
yes, sir. 

Q. When did you first become acquainted with him ? — A. Well, sir, 
that I cannot answer. I do not know wheu I became acquainted with 
him. It was somewhere in 1872, the fore part of 1872. 

Q. Do you remember how you became acquainted with him ? — A. I 
do not, sir. 

Q. Did you ever see him at his store — his place of business ! — A. Yes, 
sir ; I have. 

Q. Did you go there to see him f — A. Yes, sir. 

Q. What about? — A. Well, I have been there in a friendly way, and 
also in regard to business. 

Q. Were you there before this contract was awarded'? — A. I have 
been at the store before the contract was awarded ; yes, sir. 

Q. For what purpose ? — A. Well, I have been to the store to see Gov- 
ernor Shepherd. 

Q. Were you there to see Colonel Moore f — A. I believe that 1 was 
there to see Colonel Moore, also. 

Q. What did you want to see Colonel Moore in relation to ? What 
was your object in seeing Colonel Moore at that time ? — A. Well, it was 
in regard — it was more of a friendly — the calls were more friendly than 
anything else. 

Q. You had no business with him !— A. I had no business in particu- 
lar with him ; no, sir. 

Q. Did you ever go to the store with Colonel Kirtland I — A. I do not 
remember that I ever went to the store with Colonel Kirtland. 

Q. Do you remember that you did not f — A. I do not remember posi- 
tively that I did not. 

Q. Did you know that Colonel Kirtland knew Colonel Moore f — A. 1 
did know that Colonel Kirtland knew Colonel Moore ; yes, sir. 

Q. When did you first know that ? — A. Well, 1 have been trying to 
determine the time in my own mind, but I cannot. 

Q. Did you see Colonel Kirtland in August, 1872, in Chicago ? 

The Witness. In August, 1872 ? 

(i,. Yes, sir. — A. I thought it was later than that, but I am not sure. 
I was home after he came to Chicago ; after the contract had been 
awarded. 

Q, When he came there to have some notes discounted ! — A. Yes, sir. 



TESTIxMONY OF GEORGE K. f HITTEXDEN. 1711 

Q. Mr. Int Ilolnios saw you at tliat time, anil inqniii'd A, Not 

Ira Holmes; his brother, A. I>. Holmes. 

Q. He iii(|nire(l of you about Colonel Kirtland :' — A. Yes, sir. 

Q. Do you know anytliinii' about the purchase of the Harewood 
estate; did you ever hear anything- al)out the purchase of what is 
known as the JTarewood estate of \V. \V. Corcoran I — A. I knew some- 
thing of that transaction, 

Q. Well, what did you know of it ? State to the committee all you 
knew about it at the time. — A. I think that L went out in a cairiafje 
with Mr. William Colvin Brown and Colonel Kirtland one day to Hare- 
Avood. We were ridinf? out there, and I became impressed with the 
beauty of the i)roperty. lieturned to the hotel, and stated to ]\Ir J>rown 
that I would like to buy that property as a speculation. 1 think he stated, 
or Colonel Kirtland stated, that he knew Mr. Hyde, the agent of Mr. 
Corcoran. I asked Colonel Kirtland or Mr. Brown, I do not know which — 
1 think it was Colonel Kirtland, however — to go and see ]\lr. Hyde and 
ascertain if that i)roperty was for sale, and how much it could be sold 
for. I think that one of the parties called upon Mr. Hyde, and Mr. 
Hyde stated — it was reported to me — that Mr. Corcoran — re])orte<l to me 
through Mr. Hyde — that ^Ir. Corcoran was out at the White Sulphur 
Springs, in Virginia, I think, and that he would write to .Mr. Corcoran 
and ascertain. I left for Cliicago in the mean time; ex])ecting are- 
port from those parties in regard to Avhat the property m ould be sold for, 
and received that report at Chicago. 

Q. When was this first interview of which you speak ; this interview 
after returning from a view^ of the property ? — A. The interview wa.<> 
directly on the arrival at the Arlington. 

Q. This was on a Sunday, was it not! — A. I would not be sure that 
it was on a Sunday, sir. 

(),. Did you ami Colonel Kirtland and the Rev. Colvin Brown ride 
out there on a Sunday ? — A. It may have been on a Sumlay. 1 think 
it was the fore part of the week, or the latter i>art of the week, I do not 
know which ; but I do not think it was on a Sumlay ; but it may have 
been. 

(^. Where was it with reference to that award ; was it after the award, 
or before ? — A. It was after the award. 

Q. But before you left for Chicago:' — A. Ves, sir; I think it was the 
latter i)art of the week, not on Sunday. I think it was the latter part 
of the week, because I asked one of the parties to come and see Mr. 
Hyde. 

i}. ft must have been, then, about the tirst of rluly. — A. I think about 
the tirst of July. 

Q. The award was made on the 2r)th of .June ? — A. The award was 
made on the li.lth of June, and it was near the 1st of July. 

<^). You left for Chicago a few days afterward ? — A. Yes, sir. 

Q. Was it before you left for Chicago t — A. Yes, sir. 

Q. W^heu did you receive this report of whic'i you sjx'ak at Chica- 
go '^ — A. 1 thiidv 1 received the report a few da.\s after I lelt home. I 
do not know exactly as to the time. 

i}. From whom '. — A. From Mr. Brown. 

Q. What was the nature of that report .' — A. The nature of the report 
was that Mr. Corcoran would sell the i)roi)erty, 1 think, for >j-J2~),0(H>. 
I think that was the price, >!22.j,0(JO. The terms could be made satis- 
factory in regard to the payments, but that was a subject that would 
have to be negotiated, and that he would undertake to negotiate that. 

Q. Did you make any answer to that ? — A. I think I replied that I 



1712 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

wanted Mr. Brown to go ahead and negotiate the best t^rui.s that he 
possibly could. 

Q. For whom ? — A. For myself. 

Q. You were purchasing the property yourself, then ? — A. Yes, sir. 

Q. Was Mr. Brown to have any interest in that property ? — A. Not a 
word was said to Mr. Brown about having any interest in that ])roperty. 

Q. lie was negotiating for you, then f — A. Y"es, sir. He was nego- 
tiating for me, by my request. 

Q. Was Mr. Kirtland to have any interest in that property ? — A. Not 
that 1 know of. There was no such remark made to Mr. Brown or Mr. 
Kirtland that either of them was to have an interest in the Harewood 
estate. 

Q. Y^ou were to become the sole purchaser of that property ? — A. The 
sole purchaser of that property; perhaps I might make some arrange- 
ment with them for services rendered in securing the property subse- 
«piently, but no agreement was made at that time. 

Q. Y"ou were to pay them as your agents ? — A. Yes, sir. 

Q. When Colonel Kirtland came to Chicago, in August, about the 1st 
of August, did you have any conversation with him about the Harewood 
estate, there? — A. 1 did. 

Q. What was that! — A. I think it was later than August — the fore- 
part of August — that he was there, but I am not sure. I know that the 
terms 

Q. Whenever it was ?— A. I know the terms had been determined by 
negotiations, through Mr. Brown, about the purchase of that property 
on time, a certaiu^amountto be paid in cash ; in sixty days another pay- 
ment was to be made ; and then, I think, live, ten, and fifteen years for 
the balance — along time — drawing interest at six or seven per cent. I 
will not be accurate in regard to figures, because it has passed from my 
mind, but those are the facts in reference to the negotiation. 

Q. There was a cash payment, and then there was to be another pay- 
ment in sixty days f — A. Yes, sir. 

Q. Do you remember the amount of the cash i^aymeut ? — A. I think 
the cash payment was to be $10,000. 

Q. All these details were explained to you by Colonel Kirtland when 
he was in Chicago? — A. No, sir; they were explained by letter by Mr. 
Brown. 

Q. Have you got that letter? — A. No, sir; I have not. 

Q. Did you and Colonel Kirtland talk this matter over in Chicago ! — 
A. Yes, sir. 

Q. When was this cash payment to be made? — A. That was to be 
made sixty days before the first of October. It was to be made at the 
time of signing the contract. 

Q. Did you make that payment ? — A. I did not. I authorized — I 
telegrai)hed to Mr. Brown to draw upon me for that amount. 

Q. For the $10,000? — A. Yes, sir; and that I would assume the sub- 
sequent payments ; and Mr. Brown stated that the time had become 
very short, and that they were obliged to advance it themselves. I 
found out subsequently that the parties had bought the iiroperty them- 
selves. 

Q. Who do you mean by the i)arties ? — A. Mr. Brown and Mr. Kirt- 
land. 

Q. Then they purchased the property without including you as a part- 
ner in the transaction ? — A. They purchased the property without in- 
cluding me as a partner in the transaction. Mr. Brown subsequently 
came to Chicago. I did not know at the time that he came to Chicago 



TESTIMONY OF GEORGE R. CHITTENDEX. 1713 

that he regarded himself and Colonel Kn^tland as having any interest 
in this property. When Colonel Kirtlaiid was in Chicago he did not 
say he was in interest, nnless he had a coHateral interest with Mr. 
Brown. The matter was not clearly delined as to their relations in this 
matter. I was all the time pnrsning the matter ui>()n the liypothesis 
that the i)roperty was mine — tliat I had i>nrchas('(l the property. 

Q. That yon were making the pnrcliascs yonrself ? — A. Yes, sir. 

Q. When ditl the Kev. William Colvin iirovvn como to Chicago? — A. 
I\Ir. Colvin Brown came to Chicago some time between the 15th of Sep- 
tember and 1st of October. 

Q. Did he tell you then thiit lie and Colonel Kirtland had i)nr<;hased 
this i)roperty ? — A. He had state<l that titey were obliged to advance 
this money. However, it would be all right, so far as I was coucerned, 
if 1 would make the ])ayment on the 1st October. 

Q. What was the object of his visit to Chicago! — A. The object of 
his visit to Chicago was to arrange for this [►ayaieut on the 1st of Oc- 
tober. 

Q. For the balance of the cash payment ? — A. Yes, sir. 

Q. Arrange with you? — A. Arrange with me. I stated to Mr. Brown 
at that time — I said to Mr. Brown, ''1 want you to have an interest in 
this matter with me for the services you have rendered. He drew a 
contract with tne in which I was to give him one-quarter, and I was to 
have three-fourths of that property. I was to make all the payments — 
if we sold the ])roperty, 1 was to make all the payments. In making 
any sales my advances were to come out tirst. 

Q. Y^ou say that the liev. William Colvin Brown came between tUe 
lotii of September ami the 1st of October ? — A. Yes, sir. 

Q. Did you arrange with him for the payments then f — A. I had ne- 
gotiated some railroad bonds with a friend, and went to Philadelphia, 
and Mr. Brown went there to Philadelphia with me, hoping to sell those 
bonds ; but I did not succeed in selling the bonds. Mr. Brown (;anie on 
to Washington on the 1st of October. The payment was not made on 
time, and Mr. Brown left for Euroi)e and I returne<l to Chicago with my 
bonds. Subsc<piently Colonel Ivirtland came to Chicago and informed 
me that Brown and himself had made a contract together for this half 
interest in Ilarewood. 

Q. Each to have half? — A. Y'es, sir; Brown was to have one-half, 
and Kirtland's was one-half. Brown claimed to nie at Chicago, how- 
ever, that any arrangement that he had with Colonel Kirtland could be 
made satisfactory with him. 

Q. This first arrangement, as I understand you, was made after a ride 
to Harewood — the same day after they returned ? — A. Yes, sir. 

Q. Y'ou then projected together the purchase of Harewood ? — A. Yes, 
sir; as 1 have stated to you. I want to say here in i)assing, that Mr. 
Brown said to Colonel Kirtland that they had better go in together, 
after 1 had left for Chicago, or have some understanding" witli each 
other about this matter ; that Colonel Kirtland suji^josed, as 1 subse- 
quently learned, that Mr. Brown was a(;ting by my authority on that 
I)asis. That was the explanation that was made. 

^ By Mr. W^ilson : 

Q. What kind of railroad bonds did you have that you were trying^ 
to negotiate? — A. I think they were Bnrlington Southwestern. 

Q. Any other bonds than these? — A. No, sir. 

Q. Was that the new or the old road ? — A. That was a new road. 
The Burbngton and Sonthwestern bonds 1 supposed 1 could negotiate 
108 1) G T 



1714 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

in Pliiladelpliia in time to make a payment for Harewood on tlie 1st of 
October. 

Q. I nnderstand you to say that in the inception of this Harewood 
X)nrchase you were the principal and these parties were simply your 
a^euts "? — ^A. That was the way it was started. That was the incep- 
tion of the negotiation. 

Q. And how long did that continue in that way? — A. Well, it con- 
tinued in that, as I had supposed, up to the time Mr. Brown came to 
Chicago. 

Q. Where was tliat I — A. That was between the 15th of September 
and the 1st of October. 

Q. Are you quite sure that these parties had no interest with yon in 
that, other than as your agents? — A. That is all. I might have said 
to Mr. Brown that, for any trouble or services that he might render in 
the matter, he might have an interest, or something of that kind — some 
compensation for his tiouble; but 1 regarded myself as the principal. 
The conception of purchasing the property was with me. 

Q. Of all that you are quite sure, I suppose ? — A. Yes, sir. 

Q. Are you acquainted with the handwriting of William Cohin 
Brown ? — A. Yes, sir. 

Q. Just look at one of these letters, and see if it is in his handwrit- 
ing. — A. Yes, sir; that is his writing. 

Q. His signature f — A. Yes, sir. 

Q. I woutd like to have you state just as nearly as you can the date 
when this negotiation began with Mr. Hyde. — A. It was some time in the 
fore part of July, I think ; the latter part or fore part of July. It must 
have been about the first of July, I think. 

Q. I j)ropose to read to you now some correspondence, by letter and 
telegraph, as the basis of a few questions that I desire to ask you. 

Washington, D. C, July 24, 1872. 
To Anthony Hyde, Esq. : 

I will be at your office to-morrow at 12 m., and close. 

WM. COLVIN BROWN. 

Q. Is that about the time ? — A. The negotiation commenced about 
the 1st of July ; I am very positive about that, and the time I think it 
ran was through three or four weeks. That is about the time that the 
matter was closed. 

The Arlington, Washington, D. C, July 27, 1872. 
Anthony Hyde, Esq. : 

My Dear Sir : I am greatly obliged to you for your favor justnow received. I will see 
you before 3 p. m. Meanwhile I remain, with great respect and sincere regard, 
Your obedient servant, 

W. COLVIN BROWN. 

This one, you say, is in Mr. Brown's handwriting. 

[The Western Union Telegraph Company.] 

Dated New York, , 1872. (Received at , July 30.) 

To Anthony Hyde, Esq.: 

I will see you to-morrow. All shall be perfectly satisfactory. 

W. COLVIN BROWN. 
10. Paid. 

The Arlington, Washington, D. C, August 2, 1872. 
My Dear Sir : I am hourly espectiug a favorable report from my agent. I have 



TESTIMONY OF GEORGE R. CHITTENDEX. 1715 

tol('firai)he(l him that ho must brins his matters in order on Monday next, at tho hitest, 
to which (hite I must crave your inihilgence. 

Meanwhile permit me to say that if Messrs. Kifijjs & Co. have, tlirough your favor 
to me, made inquiries and received satisfactory answers in reply to the $10,000 note I 
h'ft with you, (and I am utterly certain that full inquiry will hrinjr answers in the 
hijijhest degree satisfactory,) then you will oblii^e me if Messrs. Kigf;s cV Co. will dis- 
count the §10,000 note. The rate of discount I am perfectly willing to k-ave to them, 
as they are well known as fair and honorable gentlemen. And should there be some- 
thing wanting (in addition to the S'ioO in your hands) to make up the full §10,000, it 
will be instantlj' ready. 

I regret more than I can well express to you all the trouble I am making you, and 
•will not fail to prove my aiijireciation of your favors so soon as this matter is closed, 
as I confidently trust it will be, at the latest, on next Monday. 
I rema,in, with great respect, your obedient servant, 

W. COLVIN BROWN. 

ANTHONY Hyde, Esq. 

Q. Do you know anytbing about tho 810,000 note that was A 

Xo, sir, 1 do uot know anything about it. 

The Aklixgtox, Trashhif/fot), D. C, August 6, 1^12. 
My Dear Sir: Yesterday, at 4^ p. ni., I received the inclosed telegram. I do not 
know how early yesterday the Manufacturers' Bank of Chicago telegraphed lo 
Messrs. Riggs & Co. If the business should be transacted through the National Bank 
of Commerce of New York City, as I supjiose, then I .judge that there was not sufti- 
cieut time for it to have come iu order, within banking hours, j'csterday, and perhaps 
not before about 12 m. to-day. 

With the highest respect, I am your obedient servant, 

W. COLVIN BROWN 
Axtuoxy Hyde, Esquire. 

P. S. — My agent has been mortified and worried almost beyond endurance in this 
matter, and for his sake I beg that you will kindly regard tho inclosed telegram as 
strictly confidential. 

W. C. B. 

Please retain telegram until I see you. 

The telegram is as follows : 

[Tlie Weatern Union Telegraph Company.] 

Dated Chicago, III., August 5, 1872. 
(Received at The Arlington, Washington, D. C, 4.22 p. m.) 

To W. CoLVLN Broavn, Arlington : 

Manufacturers' Bank have placed money with Riggs &, Co. to-day by telegraph. I 
leave for Washington to-night. 

A. B. KIRTLAND. 
17 paid. 

Q. Do you know anything about that ? — A. I do not know anything 
about that. 

Q. Were you in Chicago at that titne ? — A. Yes, sir; I was in Chi- 
cago at that time. 

Q. And Kirtland was there at that time ? — A. Yes, sir ; Mr. Holmes 
called upon me about those notes, and Kirtland was there to discount 
some notes. 

(2. At that time ? — A. Yes, sir. 

The Arlixoton, Washington, 1), C, August 7, 1"^72. 
Mv Dear Sir : I have this moment received the inclosed telegram from Ilarrislmrgh, 
Pa. It will explain itself. Colonel Kirtland left Chicago at U p. m. on Mon<lay even- 
ing, and ought to have Iteeu here at 10 a. ni. to-day, and would have b(;eu, 1 do not 
doubt, had not the train been behind time at Harrisburgh. The train leaving Jlarris- 
burgh at 10 a. m. will be due here at G p. m. 
Yours, truly, 

W. COLVIN BROWN. 
Anthony Hyde, Esq. 



1716 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

p. S.— Please accept my thanks for your brief note of yesterday morning. I cannot 
nnderstand why the money should be to the account of Kirtland's credit. Perhaps he 
will be able to explain. 

W. C. B. 

[The Western Union Telegraph. Company.] 

Dated Harrisburgh, Pa., August 7, 1872. 
(Received at The Arlington, Washington, D. C, 9.20 a. m.) 

To W. CoLvix Brown : 

Train behind time : missed connection ; take ten o'clock train. 

A. B. KIRTLAND. 
9 paid. 

Q. You say you know uothing about that ? — A. I know nothing about 
that at all. Tliis is as much news to me as it can be to any member of 
the committee. 

The Arlington, WusMngton, D. C, August 7, 1872. 
My Dear Sir : Provided you have no objection to so doing, will you be so good as to 
let me know what amount Col. A. B. Kirtland has had placed to his credit by the Manu- 
facturers' Bank, of Chicago, with the Messrs. Riggs & Co. ? No answer will be neces- 
sary, except to mark the amount on a paper and hand inclosed to the bearer of this 
liote. 

Yours, truly, 

W. COLVIN BROWN. 
Anthony Hyde, Esq. 

Q. That does not refresh your recollection ! — A. ISTo, sir ; I know 
nothing about that. 

[The Western Uuiou Teleoraph Company.] 

Dated Philadelphia, Pa., October I, 1872. 
(Received at The Arlington, W^ashington, D. C, 3.26 p. m.) 
To W. CoLViN Brown : 

Were death to follow, could not realize on all securities to-day. They are abundantly 
food, but strange here. Time overcomes that, and will insure success. In Chicago 
could raise it in an hour. Have just telegraphed to Chicago, and believe can have the 
money in Washington from that point in a day or two. Would not Mr. Corcoran take 
sixty thousand cash securities for a few days until I can turn ? They would be the 
very best investment for an art association. In eight months' time shall succeed, but 
am in a strange city and no time. Can you not arrange it for ten days ? Will work 
to last moment. 

GEO. R. CHITTENDEN. 
109. Paid. 

Q. Did you send such a telegram as that is, directed to Rev. Colvin 
Brown ? — A. Yes, sir. 

Q. Dated at Philadelphia 1 — A. Yes, sir ; that is my telegram. I sent 
it from Philadelphia. I was negotiating these funds at that time. 

[The Western Union Telegraph Company.] 

Dated Philadelphia, October 2. 
To W. CoLViN Brown, The Arlington : 

I have no report to make here. I go to my room to pace it all night. All culminates 
in morning. Have telegraphed William Sturges twice ; Fames, Walker and Hall, of 
C. B. &b Q., and Colonel Moore, and so on. Asked Moore would his bank loan twenty 
thousand for fifteen days on my collaterals; no answ^er yet. Asked Fames for thirty 
thousand. Mean to see Sturges and urge permission to draw. Asked Sturges to give 
consent to draw through Union or Northwestern Bank. Grow very strong here each 
day, heaping up evidence every few hours. Hope to be strong enough to carry in 
moruiusi- ; only question of time. Brown, this is hell. 

" ' "^ GEO. R. CHITTENDEN. 

113. Paid. 



TESTIMONY OF GEORGE R. CHITTENDEN. 1717 

The Witness. That is my telooram, sir. 

Q. Ilow (lid you suppose that struck the pious Brown :' — A. 1 do not 
know. 

Q. That is your telegram! — A. Yes, sir. 

The Witness. May I ask who that is addressed to? 

. To Mr. W. ^V. Corcorau. 

TuK Akuxgton, Washington, D. C, October 3, 187*2. 
W. W. Corcoran, Esquire : 

Sir: I l)e<r to luiiid you herewith two telegrams. Tliat ni.irked 1 you have already 
kiudly looked up. It was received October 1, at '.i.26 p. ui. The other, marked "2, was 
received last uight at uiiduight. 

The delay in tlie cas", which is annoying to you, and harassing to me heyond all ex- 
pression, has been no fault of nunc, excejit the fault of dci)ending implicitly ujion thi- 
promises (in writing, too, and duly signed) of two most estim.able and responsible gen- 
tlemen — Mr. Sturges and Mr. Chittenden — both of whom are driven almost to distrac- 
tion by this delay. It is my misfortune to be without business experience, otherwise, 
lierhaps, I might not have been quite so conliding. 

This delay caused me the extremest humiliation and theintensest mortification, and 
the overwhelming anxiety which I have suffered continuously for a whole week has 
almost cost me my life. 

With the highest respect, I have the honor to be, sir, your obedient servaiit, 

W. COLVIN BROWN. 

P. S. — I am hourly hoping for good news from Mr. Chittenden and Mr. Sturges, and 
I trust that I will not have to wait much longer. 

W. C. B. 

Q. When is that dated ? — A. This is dated at the Arlington Hotel, ou 
the 3d of October, 1872. 

[Confidential except Mr. Corcor.an.] 

Philadelphia, Pa., October 5, 1872.— (Oct. 28.) 
Colonel Hosmkr : 

Dkar Sir: From Hoboken, N. J., I received a telegram from Mr. Brown stating "all 
is lost " in " Harewood " purchase. I conclude, therefore, that the business relations 
existing between Mr. Corcoran and Mr. Brown in the matter of the sale and purchase 
of " Harewood " have ceased. Am I correct ? If so, I wish you would see Mr. Corcoran, 
and state to him that I desire to purchase "Harewood," and would he sell it to me on 
.same terms, or on what terms? 

There are some things which could be explained in a personal interview which can- 
not be written in a letter. A word is sufficient. 

If Mr. Corcoran will sell " Harewood" to me ou same terms, will buy it. 

I go to Chicago to-night. 

Please write or telegraph me to 364 Michigan avenue, (Chicago.) 

If Mr. C. will give you terms, or keep the sale in "statu quo" (not sell) uutil we 
meet, I will be in Washington very soon. 

Ever since Brown had this matter in hand, have worked to a disndvantar/c, and. having 
been engaged in it for several weeks, dislik(i to fail in making purcha.se. 

Alone I could and can now carry the whole nuitter easily. 
Very truly yours, 

GEO. R. CHITTENDEN. 

I wrote that letter. That clause in there in regard to selling property, 
and my coming, was caused by .Mr. Brown saying to me that I must have 
lu) i)ersonal communication with INfr. Hyde or Mr. Corcoran in this mat- 
ter ; it so, it would defeat the whole pur(;hase. 

I already have a contract witli Mr. Brown, which he signed at Chi- 
cago, before he went on to Phihidclpliia and before he came to Wasli- 
ington, in which he was to have one-quarter inlerest, and I was to have 
three-quarters. I was really the principal in the transaction, but Mr. 
Brown insisted that the i-elations existing between himself and myself 
must be kept in the back-groun<l, and tliat he (Brown) was tln^ only in- 
dividual who could communicate with Mr. Corcoran. If aiivbodv else, 



1718 AFf^AIRS IN THE DISTRICT OF COLUMBIA. 

slionltl come in, it would defeat the purchase. That is the reason why 
I i)ut that clause in. 

Q. So that all the time this was going on, it was entirely yours ?— A. 
Entirely mine ; I so regarded it. 1 knew nothing to the contrary. 

Q. You do not seem to have so regarded it iu this letter! — A. Why, 
certainly ; so far as Mr. Corcoran was concerned. I appear as a new 
man to Mr. Corcoran. Mr. Brown had stated to me that I must have no 
communication with Mr. Corcoran myself, personally. I said to Mr. 
Brown, in Philadelphia, " Let me go on and see Mr. Corcoran person- 
ally." He said, " No ; if you do that, it will defeat the whole matter." 

Q. There were secret relations existing, then, between you and the 
Eev. William Colvin Brown, in relation to the purchase of this Hare- 
wood estate! — A. These relations were exactly as I have stated to the 
committee. Of course I was appearing as a new man to Mr. Corcoran. 

Q. Why did you write this to Colonel Hosmer ! — A. I think at the 
suggestion of Mr. Sturgis. 

Q. Is that letter dated Philadelphia, or Chicago! — A. It is dated 
Philadelphia, the 5th of October. I think Mr. Sturgis stated to me at 
Chicago if there was any trouble about closing this transaction, to write 
to Mr. Hosmer. 

Q. Were you acquainted with Mr. Hosmer ! — A. I was not, but Mr. 
Sturgis gave me a letter of introduction to Mr. Hosmer, and I was iu 
Philadelphia. I think I sent on a letter of introduction to Mr. Hosmer. 
That is my impression. 

Q. You had never seen Mr. Hosmer before this ! — A. No, sir. 

Q. And you write this kind of letters to gentlemen you know 
nothing about ! — A. I think 1 sent a letter of introduction to Mr. Hos- 
mer. My impression is this: Mr. Brown, when he was in Philadelphia, 
brought on this letter of introduction to Mr. Hosmer ; at all events, 
either that, or that 1 sent to Mr. Hosmer ; so that I felt that my relations 
were all right. 

Q. Why did you put into this letter, which you say was written to a 
gentleman here of whom you knew nothing, with whom you had no 
acquaintance, this clause, "There are some things which could be ex- 
plained in a personal interview which cannot be written in a letter !" — 
A. That refers entirely to the relations that had existed between my- 
self and Mr. Brown, Mr. Brown being the person who stood in the 
matter as principal. That was all. 

Q. Do I understand you to say that you did not know anything 
about the payment of -$10,000 on that Harewood purchase! — A. I 
knew that Mr. Brown had stated that the $10,000 had been paid, but 
how it had been paid I did not know. 

Q. You knew nothing about that! — A. No, sir; I think that he 
advised me that the money was raised with some friends or something 
in that way. In my contract it was contemplated that the payment 
on the 1st of October should include that $10,000 that had been paid, 
so that these parties could be reimbursed for the advances they had 
made. 

Q. Now, Mr. Chittenden, don't you know that De Golyer was to have 
a $10,000 interest in that purchase ! — A. Not a word about that. 

Q. Y'ou had no knowledge of anything of that sort ! — A. No, sir ; I 
had no knowledge of that fact. 

Q. Y"oa had no knowledge that Kirtland and Brown were claiming to 
be interested in that purchase! — A. I had no knowledge of that fact 
until Mr. Brown had stated that he had made an arrangement with 
Kirtland to advance this $10,000, but that he, in making this contract 



TESTIMONY OF GEORGE R. CHITTENDEN. 1719 

wrote mo, lieretainitiA- a quarter, or leavinj? threefonrths witli Mv. Kirt- 
laiul. He says to me, " whatever arrangements have been made with Mr. 
Kirtland will be perfectly satisfactory. I can arrauoe that with Mr. 
Kirtlaiul." It was my voluntary gift to Mr. Brown that he received a 
<iuarter. It was a voluntary propositiou on my part. 

Q. Do you know how that 81(>,0()0 w^as raised that went into that 
purchase— where it was procured .'—A. No, sir ; I do not know any- 
thing about that. 

Q. Do von know what became of that $10,000 ultimately'? 

Witness. What ■? 10,000 ? 

Q. Why the 810,0(M» that was paid on this purchase! — A. I have not 
the slightest idea. I received a letter from Mr. Corcoran, at Chicago, 
after I had returned from Philadelphia, that he would give me time in 
this matter, so that I could go on and make a purchase of the property ; 
but I was taken ill with pneumonia and was ill five weeks, and so the 
matter jiassed away. 

Q. Where is that letter? — A. I presume at Chicago. 

By Mr. STE^VART : 

Q. This was your purchase? — A. Yes, sir. 

Q. This 810,000 was advanced on your account?— A. The 810,000 
was advanced, so Mr. Brow^n represented, to me in a friendly way. 

Q. By whom f — A. By himself. I had supposed Mr. Brown himself 
had advanced that money. Subsequently, on a visit to Mr. Kirtland at 
Chicago, he stated that he had helped in the advancement of that money 
himself. 

Q. Then the condition of the contract, as I understand it, was that 
if this 810,000 was in the nature of a forfeit 

A. This 810,000 was in the nature of a forfeit if the payment in sixty 
days was not made. 

Q. That payment was not made in sixty days ? — A. That payment 
would have been due the 1st of October, but it was not made at that 
time. 

Q. Then the 810,000 was forfeited !— A. That I do not know. 1 know 
nothing about that matter ; it passed entirely from me. 

Q. If it was your trade, and the money w as put up for you, why you 
were the person that would stand the forfeit of it. — A. It ai)pears that 
both Mr. Colvin Brown and Mr. Kirtland, by reading the testimony, did 
not regard it as my trade, because I see they entered into arrange- 
ments to defeat it and divide it between themselves. This 810,000 
being their own money, I do not know what disposition was made of it. 

Q. But you supi)oscd, until this time, that it was your trade until you 
saw this arrangement? — A. Yes, sir; I had supposed it was my trade. 
If I had raised money in Philadelj)hia, the 810,000 would have been a 
part of that. 

Q. Did you not think it a little strange tliat they should have the 
money refunded to them that had been paid on the forfeit if it was 
your trade?— A. I had nothing to do with tliat ; these parties handled 
it themselves. 

Q. But it was your transaction, and the 810,000 had been paid up as 
810,000 forfeited. Didn't it occur to you they might come back on you 
for the 810,000? — A. I understood, subse(iuently, that the matter was 
arranged in some way. Kirtlan«l told me it had been arranged in some 
way. It had been sold to the Soldiers' llome, and that hence that 
810.000- well, it was their matter. 

(^ I thought it was your nuitter ? — A. Well, Senator, I want to be 
very clear about this matter. 



1720 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. I wish you would bo. — A. Yes, sir; I was pursuing tins matter 
upou the hypothesis that 1 bought the property, but Brown and Kirt- 
land were pursuing it on the hypothesis that they bought it, but they 
kept the fact back from me. 

Q. So I understand, but they did not keep the one fact back that 
they had put up the $10,000.— A. They had made an advance of $10,000. 

Q. That fact you knew"? — A. Yes, sir. 

Q. You were informed of that tact ?^— A. Yes, sir. 

Q. But yon knew that $10,000 was to be forfeited if the $00,000 was 
not paid on the 1st of October. — A. Yes, sir, the $10,000 was to be 
forfeited. That was according to the terms of my contract. 

Q. You understood that the $10,000 was put up ou your account ? — 
A. I had supposed so, until I was informed to the contrary — up to the 
time 1 was in Philadelphia. 

Q, You did not receive any demand from them for the $10,000? — A. 
Kirtland informed methe i)roi)erty had been sold to the Soldiers' Home, 
and there would be no trouble about the $10,000. 

A. How came he to tell you about that in Chicago ; what led him to 
tell youf — A. I think I telegraphed to Washington, when Colonel Kirt- 
land was here, to have Mr. Corcoran wait. I think so, but he did not 
get the telegram, and the property was sold to the Soldiers' Home. 

Q. Then how did the conversation come up — how came he to tell you 
that the $10,000 was provided for? — A. Of course I felt an interest in 
still having Harewood, if I could. This was after I had recovered from 
my illness. 

"Q. You didn't feel an interest in getting rid of the liability of the 
$10,000 forfeited, that this man put up for you. It seems to me — I do not 
know very much about business — but it seems to me if I should authorize 
my agent to buy a piece of property, to make a contract for me, and he 
should make a contract, by the terms of which the first payment should 
be forfeited if the second was not made — the i)ayment of $10,000 ; and 
had also informed me that he had paid the $10,000, put up that forfeit 
himself, and when I failed to come up with the second payment. I shoukl 
have expected a demand from my agent for the $10,000. — A. Suppose he 
had stated that to you that he had sold the property — that the property 
had been sold for the Soldiers' Home, and the $10,000 carried to you ? 

Q. If they made a report to you to that effect, why it would be all 
rjoiit? — A. That is the report Colonel Kirtland made to me. It W' as his 
money he advanced, and, of course, he was looking out for it. 

Q. Kirtland said the property had been sold to the Soldiers' Home, and 
he had received his $10,000 back? — A. I do not say he had received the 
$10,000 back, but 1 do say it was arranged for in a satisfactory way to 
him — in some way that it was satisfactory to him. How it was arranged 
I do not know. 

Q. Did he say he had got his money? — A. No, sir; he didn't say 
that. It was arranged in some way that it would be satisfactory. 
When I owe a man $10,000, the only way I succeed m arranging it is to 
pay it. 

Q. And you owed your agent that ten thousand dollars. He said it 
was arranged — the ten thousand dollars had been arranged — and did 
not tell you how it was arranged, and did not tell you how — whether 
he got the money or not? — A. When Kirtland came to Chicago he 
showed me a document executed between himself and Mr. Brown in 
Avhich they were to get one-half of this Harewood estate, which was my 
first knowledge of that fact. I at the same time showed Kirtland a 



TESTIMONY OF GEORGE E. CHITTENDEN. 1721 

docnment wliorein I was to have tlirce-fourtlisof the narewood, and one- 
quarter was to ^o to lirowii, and signed by Brown also, 

Q. I tliou,<4ht the first time you heard of that arranoenient l)etweea 

tlieni, tliat tiiey were to share. Share and share alilce I — A. Was 

ou the second visit ot Ivirthmd to Chicago. 

Q. You did not learn that from these letters this morning for the 
first time f — A. No, sir. 

Q. I so understood you ; perhaps I misunderstood you. — A. These 
letters were new to me, except so tar as I wrote myself. 

Q. I understood you this morning: — I might be mistaken — I under- 
stood you to say this morning that this matter of their negotiations oa 
their own account was new to you entirely; that all this correspond- 
ence ? — A. It was new up to a certain time. It was all new to me 

when I was in Pliiladelphia. It was all new to me while Brown was in 
Chicago. When I went on to Philadelphia I was working in perfect 
good faith in the whole matter. 

Q. Then, it was not new to you when these letters were read to you 
this morning by .Judge Wilson ? — A. These letters were new, but that 
one point had been communicated to me by Kirtland himself. 

Q. And then these letters did not take you so much by surprise ? — A. 
The letters, of course, 1 had uever heard, except the telegram 1 got from 
Philadelphia. 

Q. You knew that they were dealing on their own account? — A. Yes, 
sir. 

Q. Who is Mr. Sturges ! — A. Mr. Sturges was my own friend in Chi- 
cago. Mr. Colvin Brown did not know Mr. Sturges at all, excei»t as he 
knew him through me. I got these bonds from Mr. Sturges through a 
lu'gotiation, 

Q. Was ]\[r. Sturges interested in the purchase ? — A. No, sir ; not at 
all. 1 sold some paper to Mr. Sturges. 

Q. Had Mr. Sturges promised to let Mr. Brown have the money to 
purchase this with? — A. O, Mr. Brown was acting entirely — that is, 
]Mr. Sturges was a friend of mine, and Mr. Brown had no authority for 
saying that Mr. Sturges wouUl do this for him. It was only through 
me that this whole thing was done. Sturges was my friend ; not 
Brown's friend. 

Q. That statement in the letter, then, is not true ? — A. I do not want 
to say any statenu^nt is not true. 

Q. Is it possible for statements to be made by somebody that are not 
true sometimes? — A. I do not like to contradict anybody. 

Q. Then you mean to say that iNIr. Sturges had agreed in writing to 
advance this money ?— A. 1 had the bonds from Mr. Sturges myself. 
Mr. Sturges had performed his part with me. I was going to Philadel- 
phia, to negotiate these bonds. 

Q. Mr. Brown says in writing that you had agreed to advance this 
money ? — A. Mr. Sturges performed his agreement with me. I do not 
think there was any agreement in writing. I had a negotiation with 
]Mr. Sturges, and became the possessor of tliese bonds. 

i^. You can state whether you pronounce that untrue or not. It 
seems to me your statement conflicts with that letter. — A. My state- 
ment is correct in that matter. 

Q. Then you had no arrangement whereby you and Colvin Brown and 
A. B. Kirtland were to purchase Ilarewood at all? — A. I had no ar- 
rangement wliat<'V('r, except the arrangement 1 have referred to. 

Q. Now, is it not a fact tliat, after you got this award, you and Kirt- 
land and Colvin Brown went out to the Ilarewood estate, and came to 



1722 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tlje conclusion that yon would put the proceeds of tliivS contract, to- 
gether with the per([uisites 3"ou had got on these notes, aud raise the 
uioney, and pay $70,000, and make the first payment on those, and get 
time on the balance, and thus make a specuhition out of Harewood 
witli the proceeds of the DeGolyer contract? — A. I never entertained 
that thought for one single moment. The idea of purchasing Harewood 
was entirely independent of any transactions with Kirtland in regard 
to these things. 

Q. One fact does appear : that some three men were engaged in this — 
yourself, Cohnn Brown, aud Kirtland. You three men were engaged 
in getting this contract and handling those notes. The fact is now estab- 
lished that the first payment made of ten thousand dollars was the 
proceeds of those notes. Ira Holmes cashed the first two notes, paying 
twelve thousand and odd dollars to Kirtland. Kirtland had ten thou- 
sand dollars sent to JRiggs & Co., and had it in his owu name. He 
came here and drew it, and put it up, so that the money that was 
paid was paid out of those uotes ? — A. I never knew that was paid in 
that way until I read Mr. Kirtland's testimony. I never knew anything 
about it. I never knew the money was raised iu that way at all. I 
never knew what disposition was made of diose uotes — not a dollar. 
My transaction was entirely independent of any transaction in regard 
to the contract. I went upon another basis entirely, whatever Kirt- 
land and Brown may have resolved upon between themselves. 

Q. You were the principal in the transaction, and the forfeit that was 
put up was put up out of that money ? — A. It is exactly as I stated to 
you. 

Q. I am not denying that, I only wish to show you how peculiar it all 
is — that it is a strange coincidence. — A. The transaction was entirely 
independent, so far as I was concerned, with anything connected with 
these notes, either directly or indirectly. 

Q. Does it not appear to you to be remarkable, under the circum- 
stances? Here you, Kirtland, and Col vin Brown were in the habit of 
sitting at the same table at the Arlington ; you were engaged for sev- 
eral months in negotiating this contract, and you finally got this $72,000 
in notes, which were drawn in favor of Kirtland; that immediately upon 
getting the award of the contract, you three went out to Harewood and 
took a look at this property 1 — A. We did not go out for that purpose 
We went out for fun. 

Q. One of the others, then, you do not recollect which, you ordered to 
negotiate with Mr. Corcoran for the purchase of the Harewood estate. 
Mr. Colvin Brown did negotiate with Mr. Corcoran for these parties. 
You were negotiating constantly after this with Mr. Colvin Brown, Mr. 
Kirtland came out to Chicago and had an interview with you, and sells 
a portion of those notes; raises $10,000, among other things, and makes 
the first payment on Harewood with that identical money. Then you 
are found in Philadelphia trying to raise more money to put into this 
transaction ? — A. Trying to raise all the money, including the $10,000, 
from my stand-point. 

Q. But you were trying to raise the money? — A. I was raising the 
money that had been advanced. 

Q. When this thing fell through you say to Rev. Colvin Brown that 
this failure to carry the thing through in your opinion is "hell ?" — A. No, 
sir; it was the negotiations of Philadelphia that were in that way. 
By Mr. Christy : 

Q. I notice, Mr. Chittenden, in looking over the testimony that De 
Golyer & McClelland made objection to consummating their part of this 



TESTIMONY OF GEORGE R. CHITTENDEN. 1723 

transaction, because of tlie fact tliat lie presented an award instead of 
a contract. Xow, what arguments did you use to overcome that objec- 
tion when you met that tirm in Chica<^o ? — A. My opinion was that the 
award and our letter of acceptance of the award constituted a contract. 
Mr. De Golyer was here and went back to Chicago. Then I received 
tliis information from them, stating the fact of having the contract. I 
then went to Chicago and submitted it to my attorney at Chicago, and 
he said the award was just as good as a contract. 

Q. Who was that attorney ? — A. Charles Hitchcock Mas my attorney 
at that time. 

Q. IJut it was not because you said to them, tliis has been secured by 
the influence of parties who can control the matter, bat because an at- 
torney in Chicago stated that the awanl was equivalent to a contract 
regularly executed by the boar<l ? — A. Yes sir; I understood that that 
was tlie customary way of letting contracts in Washington. I had so 
umk^rstood, and upon an investigation of the matter by my attorney, iu 
whotn I had great confidence, and they had coutideuce in him also, his 
opinion was the same as mine. 

Q. You say that you made two classes of visits to Colonel IMoore — 
one class friendly and the other business visits. Will you state what 
passed between you and Colonel Mooie in the business visits you made ? 
— A. I think that Colonel Moore became satisfied that I was here to get 
a contract. 

Q. Y'ou say you called upou him to talk business. Now what was 
the nature of tliat business* — A. I never called upou him on purpose 
to do that. 

Q. But you did talk business? — A. Y'"es, sir, 

Q. What did you say, and what did he say iu regard to it ? — A. It is 
imjKissible for me to state definitely or accurately what passed be- 
tween us. 

Q. Give us the vsubstance of it. — A. (), I was in aud out of the store 
at diflferent times, and after becoming pretty well acquainted with Col- 
onel Moore, I stated that I was there to get a contract, or he knew I 
was, and I asked him to speak a good word for me if he could. 

Q. That, perhaps, was iu the first business conversation. After you 
had given him th'at information, what passed betweeu you f — A. I have 
not charged my miiul with it. 

Q. Y^ou see, Mr. Chittenden, very evidently, when you stated this to 
Colonel Moore; when you explained to him thatyouliad a contract, aud 
interested him for you, that in the next conversation you would cer- 
tainly ask what he had done in the mean time? — A. It does not follow 
as a mattei- of course that would be the natural inquiry, because I was 
not going systematically with Colonel Moore in any movement of that 
kiiul. It was more of a friendly call than anything else. 

Q. I am excluding your friendly conversations that you had. Xow, 
the business conversation — in your first business conversation you ex- 
l)laiiu'd to him you were here for the purpose of getting a contract. 
Xow, in the next; what 0(;curred between you ? — A. I could hardly tell 
you; but I cannot tell you how many times I saw Colonel IMoore, and 
how many times it was a business interview ; I did not go there very 
fretiuently. 

(,>. For that reason there is less diflieulty in your remembering what 
passed between you. Now, in the second business couversatitm, what 
<lid he say .' Did he say what were your prospects of getting your con- 
tract .' — A. Nothing of that kiml, I tliink. Simply that he would be 
glad to do for me in a friendly way anything that he could. 

Q. That was in the first couversatiou. He would not simply repeat 



1724 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

that. Would not lie say what he had done in a friendly way, and did 
he not say ? — A. He did not. 

Q. So that in all the business conversations that you had with Colonel 
Moore, he simply repeated the general statement that he would be glad 
to do for you in a friendly way what be could ? — A. The words might 
vary some from that, but that was about tlie substance. 

Q. So tliat your business couv^ersations with him were simply a 
change of the order of his language. Did any one else go out with you 
tlie Sunday you went out there I — A. 1 do not know that that was Sun- 
day. The question has been asked as to the day we went out there. No 
other parties went out there at all. 

Q. Did not Mr. DeGolyer go out there with you 1 — A. No, sir, not at 
all. He was not in Washington at that time. 

Q. Did he ever go out with you to Harewood? — A. No, sir; Mr. De 
Golyer did iu)t. He had gone back to Chicago. 

Q. During these interviews between you and Mr. Kirtland and the 
Rev. William Colvin Brown, you had the utmost confidence in both of 
them ? — A. I had the utmost faith in these gentlemen that they would 
not deceive me at all. I believed them. 
By Mr. W^ilson : 

Q. When did you first see Mr. Kirtland after you came to this city f — 
A. The first time that I came to Washington ? 

Q. After you came to Washington under the subpoena of the commit- 
tee ? — A. I saw him at the table at the Arlington, 1 cannot just say when ; 
we were all sitting at the table. That was my first acquaintance with 
him. 

Q. I am not talking about your first acquaintance with him. You 
came here under the snbpcena of this committee ? — A. Yes, sir. 

Q. Since you came here after having been subpoenaed, when did yon 
first see Kirtland? — A. I think it was Thursday night, a week ago. 

Q. Where did you see him "I — A. At the Ebbitt House. 

Q. Was that the first time you knew that he was in town ? — A. That 
was the first that I positively knew about it. I had an impression 
through an interview with Mr. Wilcox, as will appear in my testimony. 
I have traversed over that ground once. I have given testimony on 
that point fully. 

Q. After seeing Wilcox you did see him at the Ebbitt House ? — A. 
Yes, sir; that is the only time I have seen him for a year. 

Q. How did you find out that he was at the Ebbitt House ? — A. He 
sent me a note to the Arlington. 

Q. You went pursuant to that note? — A. Yes, sir. 

Q. How often did you see him at the Ebbitt House ? — A. I only saw 
him once ; had that one interview. 

Anthony Hyde sworn and examined. 
By the Chairman : 

Q. Are you the business agent of ]Mr. W. W. Corcoran 1 — A. Yes, sir. 

Q. Did you, at any time, negotiate for the sale of the Harewood estate 
with Mr. W. Colvin Brown ? — A. Yes, sir. 

Q. State to the committee when these negotiations begau, as nearly 
as you can. — A. In July or August, 1872. 

Q. Do you remember the first interview you had with Mr. Colvin 
Brown on that subject ? — A. I remember the interview, but I do not re- 
member the date. 

Q. You exhibited to me a letter from him of the 13th of July. Was 



TESTIMONY OF 11. C. EVANS. 1725 

it before that time ? It was before that letter was written, was it not? — 
A.' Yes, before an.> letters were written. 

Q. Just refer to your iiieiiioraii(la, and see if you have not a letter 
there dated the Kith July. — A. [After referrini;- to menioranda.] Yes, sir. 

Q. It was before tlu\t letter was written ? — A. Y\^s, sir. 

Q. Do you remember how many days before f — A. Xo, I do not. 

(^). Did Mr. IJrown write you that any other parties were interested 
witli him in this transaction ' — A. Xo, sir. 

Q. Did you have any communication with any other parties except- 
ing Mr. Brown? — A. No, sir. 

Q. ^N'hen this $10,000 was paid for this estate, how was it paid to 
you ; — A. It was paid to me by a check payable to me or bearer, Mr. 
Kirtland's check on Riggs c^ Co. 

Q. Mr. A. B. Kirtland's check on ll\ggs & Co. for $10,000 !—A. Y"es, 
sir ; payable to me or bearer. 

Q. Did you give a receipt for that check ! — A. Xo, sir, not that I 
know of. 

(}. You gave no receipt '? — A. I have no recollection, and I do not 
think I did. 

il- Did ^Ir. Brown express to you that this money was de|)osited to 
the credit of A. B. ICirtland t — A. Yes, sir. 

Q. lie did at that time? — A. Yes, sir; at the time. 

Q. \Vliat did Mr. Brown say he (lesired to do with this estate ? — A. 
He said he was going to make a private residence of it. 

Q. Did you talk with him upon that subject? — A. This was brought 
out by my objecting to selling the place for the purpose of cutting it 
up. I did not like the idea of the identity of the place being destroyed, 
and I put that question to him. He said that he intendeU it for a pri- 
vate r(\sidence. 

Q. Did he afterward tell you that he had one or two otlier friends 
that also wished to be in it? — A. Y'es, sir; tliat there were, perhaps, 
two [tarties tliat he might like to divide it with. 

Q. Who also wislied to have summer estates near \Vasiiingron ? — A. 
Y"es, sir. I then communicated with Mr. Corcoran on the subject, and 
he said timt he wouhl not object to such an arrange^ient as that, if the 
matter was consummated. 

i). Did Mr. Corcoran return that money — the $10,000? — A. Y^es, sir; 
$10,000. 

Q. To whom ? — A. To Mr. Brown, by check to his order, and by him 
indorsed. 

Q. Check payable to the order of W. Colvin Brown '? — A. Y'es; sir. 

Q. Do you know what he did with the money ? — A. No, sir. 

By :\Ir. Wilson: 

Q. What time did you get that $10,000? — A. Do you meai! what time 
did ]Mr. Cocoran get it ? 

Q. What time was that $10,000 paid by Mr. Brown ?— A. On the 8th 
of August, ISTl*. 

Q. \Vhat time did you return it to him? — A. On the 4th of October, 
of the same year; after the matter had entirely faile<l. 

H. C. Evans recalled. 

The Witness. The last time I was on the stand the committee re- 
questtd uw to make out a statement of the |)ur<;hases of iisphidt by 
Mv. Evans. 1 made out, some da\ s ago, a statement of it, and iinnexed 
it with some vouchers. If tlie committee wish, twill read (lie letter, 
which is the statement 1 desire to make. 



1726 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The letter was read by the witness, as follows, but the amount of 
voucIk^is appearing therein, it was not deemed necessary that thty 
should be inserted : 

Washington, D. C, April 27, 1874. 

Dear Sin : I send herewith, as requested, vouchers for asphalt purchased by Messrs. 
Evans and Clephaue. 

No. 1 shows ])nrchase of 52 tons on October 10, 1871, of " Dr. A. Vancamp." This was 
imported from Cuba by him. 

No. 2 shows purchase of John S. Lamson, of New York, of about 3 tons, November 29, 
1871. 

No. 3 shows purchase of about 42 tons from the " New York and Trinidad Bitumen 
Company," December 14, 1871. 

No. 4 shows the importation of 335,240 pounds — say about 167 tons — from Port of 
Spain. This lot was reshipped to Mr. Evans from Philadelphia, and out of the same 
he has been using for pavements since lots 1,2, and 3 were exhausted. 

I also inclose statement of composition purchased at different times from sundry 
liarties, amounting to 476,316 gallons, which I have been enabled to hud vouchers for. 

Other purchases have been made not included in this statement. 

Please have vouchers preserved and returned. 
Yours, respectfully, 

H. C. EVANS, 

Hon. Wm. B. Allison, 

Chairman, cfc. 

By Mr. Wilson : 

Q. Do these appear on the books ? — A. Not all of them % 

Q. How many of them ? — A. Two. 

Q. Which 1 — A. One purchase from Mr. Lamson, and a lot purchased 
from the Trinidad Bitumen Company. 

Q. That purchased from Mr. Lamson is how much ? — A. About three 
tons. 

Q. What is the other that appears on your books'? — A. The other is 
42 tons. 

Q. Why does not the large amount appear on your books ?~-A. This 
large amount has never been settled. There is nothing on that cash- 
book unless the bill has been paid. That is still an unsettled matter. 

Q. Do you mean to say that Mr. Evans has not paid for them ? — A. 
Yes, sir; I did. So far as 1 know it is unsettled. I understand from 
him that it has not been settled for yet. Of course it must be unpaid if 
it is unaccounted for. 

Q. Where did you get those vouchers ". — A. From Mr. Evans. 

Q. You say there are some other things that you have not reported *? 
— A. I say that I think there is some composition ; some invoices that 
I have not found. Not of any amount. 

Q. Does that composition appear upon your books ? — A. Yes, the pay- 
ment does. I have the vouchers for all that composition. 

Mr. Christy. I would like the witness to refer to the entries upon 
the books. 

The Chairman. He says there are only two. 

The Witness (to Mr. Christy.) You saw them the other day. 

Mr. Christy. Yes; but I would like to see them again, if you please. 
There was no mention in the ftu-mer examination of this witness of any 
vouchers, and 1 wanted to get his statement of the amount as it ap- 
peared from the books. The first mention of vouchers was made when 
the witness was on the stand this morning. 

The Witness. I think I said I had vouchers for all the entries upon 
this cash-book. I thought I had vouchers for the whole of them, and I 
think so now. 

Mr. Christy. When did you allude to this matter of vouchers ? It 



TESTIMONY OF 11. C. EVANS. 17-7 

was for the first time this moruiiifj you made mention of vouchers ? — A. 
I think you will find it in my testimony when on the stand before. 

Mr. liumiELL. That is my recollection of it. 

Mr. Christy. That he mentioned vouchers? 

Mr. HUIJ15ELL, Yes. 

The Witness. I had vouchers for all the pavements on this cash-book, 

Mr. Christy. He referred to vouchers in reo-an] to wood i)avcments 
settled for, but the first infornmtion 1 had in regard to vou(,'hers for that 
asi)halt appears here this morning. 

The Chair:\[AN. Is that material ? 

Mr. Christy. Yes, I deem it very nmterial. 

The Chairman. Then the testimony of tlie witness can be referred to 
hereafter on that point. 

The Witness. The first entry here is the payment of December 15, 
Mr. Lamson's bill. 

Mr. Christy. The witness's testimony is on page 1355. Mr. Chair- 
man, you will remember that Mr. Evans retired into the other room for 
the purpose of making a statement from the books, and at that time 
there was no mention that he would find it necessary to consult any 
vouchers. The ex])]anation he made was that there were (juite a num 
ber of entries as to pui chases irom the Washington Coal Tar Com])any 
I) ut no suggestion as to any vouchers to be examined. ^o\x on page 
1355 he says this : 

Q. Why hiiv e these books never been closed up ? — A. The business has not been 
closed up. 

Q. Is there anything in these books that will show the results up to the ])resent time ? 
— A. No, sir ; I think not. There are some entries there for lumber that was purchased 
for the wood pavement that have not been entered yet. The amount of the bills I do 
not know. 

Q. Is there anything on these books that will show the cost per square yard of this 
wood pavement ? — A. No, sir. 

Q. Is there anything that will show the cost of the concrete? — A. No, sir. 

Now, I have no recollection of any statement made by this witness in 
regard to any matters not appearing in the account in regard to a con- 
crete pavement. What he stated was that the lumber account relating 
to the wood pavement had not been furnished. 

The Witness. I stated that as far as the bills for those articles — the 
asphalt and other things — had been paid, they were entered upon this 
book, but there were still unsettled accounts — unsettled bills that did 
not ai)pear here. What they were I could not exactly tell. I said lum- 
ber account and some other things. 

The Chairman, (to Mr. Mattingly.) Do you desire to put in these 
vouchers as evidence! 

Mr. MattingtLY. All I care for is a general statement of Mr. Evans 
of the amount. I do not want to lumber up the record. 

The Chairman, (to ]\Ir. Christy.) I have examined those vouchers, 
and I think perhaps it might be well enough toi- you to look thei i over. 

Mr. iMattingly. On page 1357 of the record the question is •' What 
other books dul you have? — A. Time-books and ledger, and I >elieve 
that is all. There were vouchers for bills paid." 

Mr. Christy. That excludes these, for these were unpaid. 

By _Mr. Mattingly, (to the witness:) 
Q. You have stated the amount of the bills .' — A. My let) > states 
that, sir. 



172(S AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Christy : 

Q. I find an entry upon your book in regard to the interest paid upon 
a note of Lewis Olepbane; what is the explanation of that"? — A. I do 
not know ; I cannot tell you. 

Q. In your cash account I find a number of notes given by Hallet 
Kilbonrn, which seem to have been discounted ; were there any notes 
given by Lewis Clephaue the proceeds of which were used in that busi- 
ness ? — A. I do not know whether there were or not ; I could not tell 
you. Tliey raised money on notes, as Mr. Evans testified himself. The 
notes I did not see, 

Q. Be kind enough to refer to any entry showing the amount of money 
raised on that note of Lewis Clephane upon which you paid interest to 
the Freedmaii's Bank. — A. I have no entry here of it that I know of or 
recolle(;t now. 

Q. I find an entry there, " Order of William E. Chandler, from H. C. 
to L. C, $2,500." Can you explain what that means f — A. I do not 
think you find that here. 

Q. it is in the books of the Washington Asphalt Company. — A. I 
would like to have yon siiow it to me. 

Mr, Christy, (to Mr. Wilson.) I gave you a statement of the abstract 
I got from the books. 

Mr. Mattingly. Do you remember the date of that entry, Mr. 
Christy ? 

Mr. Christy. No, sir, I do not ; it refers to " W. E. C." 

The Witness, (to Mr. Christy.) I thought you said " William E. 
Chandler." 

Mr. Christy. I have an abstract made of the entries that I deem it 
important to examine this witness upon; I have reason to suppose that 
it shows Mr. Kilbourn's relation to it. 

The Witness. I do not know anything about that ; there is no such 
entry here ; at least if there is 1 do not know it. 

Mr. Christy. I will look at it again and show you. 

Q. Tiiese, then, were not carried into your a(;count when yon were 
examined the other day 1 — A. Only two, I think, 

Q. And do not now appear on that book ? — A, No, sir. 

Q. Now, if you will allow me to look at that journal of yours, I will 
find you that entry. 

Mr. MattinCtLY. Here is the question and ansvrer of the witness, on 
page 1358 : 

Q. Is there anytbinjj iiusettled with reference to these pavements, excepting the 
lumber bill? — A. Yes, sir. I think there are some other bills not settled. 

Q. Do you know what they are — their nature? — A. I think there is some little ma- 
erial for the asphalt pa\ emeut and some labor at the niacbine-sho'ps here, or souie- 
hiug of that kind — preparing the machinery, boilers, &c>. — quite a large bill, I believe. 

Mr. Merrick. If you will look at page 13G3 you will find this : 

Q. Then these books will show the entire cost of this asphalt and wood pavement 
that has been laid down by Mr, Evans ? — A. They will not show the entire cost of the 
wood pavement. 

Q. ExceiJt the lunibci ? — A. Yes, sir. 

y. They will the asjil alt ? — A. As far as I know, they will. 

As far as he kno>^ s those books would show the whole cost of the 
asphalt pavement ; that is what he stated on th(^ first examination. 

The Chairman, Yes, but Judge Merrick it d )es seem now that there 
was other asphalt t hat does not appear. 

Mr. Merrick, 1 understand that, sir, but the point was, that the 
witness had stated <>n the former examination that there were other 



TESTIMONY OF H. C. EVANS. 1729 

vouchers in reference to the asphalt pavement which had not been 
brongiit into the aceoant. It is to show that his statement was incor- 
rect at that time. 

Pending the examination of Mr. Evans, the committee took a recess 
until 2 p. m. 

2 o'clock r. M. 
The examination of H. C. Evans was continued. 

Mr. Christy. I desire to call the attention of the committee to certaiji 
questions and answers in connection with the testimony of this witness 
on page 13G2. I read: 

Q. Have you any other vouchers except what are represented on these books ? — A. 
No, sir. 

Q. Any other accounts? — A. No, sir; up to the last day on these books. 

Then on page 13G3, in reply to a question of the chairman : 

Q. Do they explain all the transactions relating to the asphalt company and the 
M-ood-paving company ? — A. They do to the extent of my knowledge. Tliere are pay- 
rolls and other books that show the i)ayments to the men, &c. 

<i. Did you keep those f — A. Yes, sir, I have them. 

Q. Then these books will show tlie entire cost of this asphalt and wood pavement 
tliat has been laid down by Mr. Evans ?— A. They will not show the entire cost of the 
vood pavement. 

Q. Except the lumber ? — A. Yes, sir. 

■Q. They will the asphalt ? — A. As far as I know they wilL 

On page 1366 : 

The chairman here directed the witness to take the books aside and make a thoixingh 
examination of them in the manner requested by Mr. Christy, and hereafter report to 
the committee- 

Q. Did you examine your testimonj' ? — A. I have read it over. 

Q. To see if you were correctly reported ! — A. Yes, sir ; I think I 
did. 

Q. Did you not appear here and make certain corrections of your tes- 
timony ? — A. Nothing material, 1 think ; something about some little 
entry or something. 

Q. But you made no objection to so much reported of the testimony 
as I hrtve read ! — A. No, sir; that testimony is correct now, I believe. I 
had no other vouchers than I showed you at the time, that I knew of. 

{^. When you were directed to go into that room you did not speak of 
any otlier vouchers being necessary to be examined in order to make the 
statement as to asphalt called forf — A. Yes; I presumed that they 
wante<l all the vouchers I had. 

Q. Will you explain the entry on page 27 of your journal of the date 
of May 13, 1872, " W. E. O. order of Kilbourn and Clephaue $2,500?"— 
A. I have no knowledge of it, whatever, sir. 

Q. Does your account show cash credited with that amount ? — A. It 
does. 

Q. Does it show cash debtor? Did you in any way make any entry 
against those gentlemen in regard to that ? — A. No other than that one 
that I know ofl 

Q. Those are all the entries, then, that relate to this transaction '! — A. 
Yes, sir. 

Q. And you have no explanation to give ? Have you that order ? — 
A, I do not know what explanation vou refer to, sir. What do you ask 
for 'i 

Q. I am asking for your knowledge about that order ? — A- About th«' 
order 1 

Q. Yes, sir. — A. All 1 know about the order i.s, that 1 nuule the entry. 
109 D c T 



17o0 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You preserved that as your voucher, did you not? — A. Which, the 
order "? 

Q. Yes, sir. — A. No, sir, I did not. I was directed to make the entry. 

Q. No order being jjroduced ? — A. No, sir ; I had no written order. 

Q. Who directed you to make the entry "? — A. I presume Mr. Evans 
did. 

By Mr. Wilson : 

Q. You say you do not know anything about it, except that you find 
it on the book ? — A. I know I made the entry. It is my handwriting. 
I cannot recollect the circumstances at all. 

Q. Do yon recollect anything connected with if! — A. I do not. 

Q. Have you ever looked to see if you could find the order for that ? — 
A. No, sir ; I have not. 

Q. Where would that order be? Who woukl have possession of it ? — 
A. I do not know that I had any written order. I have no recollection 
about it. I recollect that I was ordered to make the entry. He directed 
me to make it. 

Q. Have yon looked at this entry? — A. I don^t remember the cir- 
cumstances. T have looked at it. 

Q. Do you know whether you paid the cash out or not! — A. I do not, 
sir. 

Q. Do you know what those initials mean! — A. I do not, sir; I have 
no knowledge. 

Q. Were Kilbourn and Olephane interested in this? — ^A. Yes, sir. 
That was the Asphalt Paving Company. 

William L. Wils;on sworn and examined. 
By the Chairman : 

Q. What is your business I — A. Manufacturer of sewer and drain 
pipes. 

Q, What is the name of your firm ? — A. William L. Wilson. The 
Moorehead Clay (Company is the name of the works; William L. Wilson 
is the name of the firm. 

Q. Did you sell the board of public works of the District of Columbia 
any of your manufacture °? — A. Yes, sir. 

Q. To what amount! — ^A. Some $'05,000 or $75,000 worth — something 
between those amounts. 

Q. When was that f— A. In 1872 and 1873. 

Q. Did you sell them this material at your regular prices for similar 
material? — A. No, sir; we did not. 

Q. Above, or below ? — A. Very far below our regular prices. 

Q. Far below your regular prices — how far below? — A. Well, I sup- 
pose it would average between 30 and 40 per cent, below our card- 
prices. 

Q. Do you not sell to everybody below your card-prices ? — A. No, sir, 

Q. When you sell large lots of pipe, do you not sell below your card- 
prices largely "! — A. Not necessarily ; only to certain parties. 

Q. Why do you do so to certain parties and not to others ? — A. Our 
card-price is what we call our price to consumers. . For other trades^ 
with other matters which could influence trade for us or do us some 
service in return, we took off a certain percentage. 

Q. Why did you take off so large a percentage to the board of public 
works "? — A. We had a pretty large surplus stock, and wanted money. 

Q. You got rid of one and received the other ? — A. Yes, sir ; or 
Loped to. 



TESTIMONY OF WILLIAM L. WILSON. 1731 

By 5Ir. Wilson : 

Q. Have you been ])aid yet? — A. We have been paid in a manner; 
yes, sir. 

Q. What do you mean by in a manner ? — A. Tliere is a part of it 
that we were paid in sewer-certiticates, I think they call them ; the 
balance was in cash. 

Q. How much did you receive in cash ! — A. Some $40,000 or $50,000; 
I do not remember the exact amount ; somewhere between those amounts. 

Q. And the balViuce in sewer-certiticates? — A, Yes, sir; some $12,750, 
I think, in sewer-certiticates. 

Q. Where is your place of business in Philadelphia? — A. We have 
two places. Our office is at the corner of Tentii and Market streets, 
aiul our up])er warehouse is Twelfth above Girard avenue. 1)41 Market 
street is tlie number. 

Q. Did you come here and sell this pipe — make a negotiation for this 
pipe ? — A. Well, I was here personally mysell", on the business. I was 
not here at the time of the consummation of the sale. 

Q. How often were you here before this matter was concluded ? — A. 
Well, I was here, I suppose, two or three times. 

Q. Two or three times? — A. Two or three times; somewhere about 
there. I had other business in Washington, and came ou on that, and 
sometimes saw about this also. 

Q. Whom did you see when you came here? — A. Well, the first ones 
we saw preliminarily were the contractors that we understood were to 
do the work. 1 don't remember exactly who they were. We had some 
preliminary talk with them about what was going on here, and about 
what was going to be done. 

Q. Do you recollect who it was that you saw ? — A. Well, Mr. Shep- 
herd is the only one that 1 can remember particularly about ; Mr. A. 11. 
tthepher<l, now the governor. 

Q. Whom of these contractors did you see? — A. Indeed, I could not 
tell you, sir ; sometimes they were men that were on the street, about 
the ditch, working there, and I presume they were attached to it, and I 
stopi)ed to get information as I went to and fro on other business in 
Washington. 

Mr. Wilson, (to counsel for the District government.) I would be 
glad to see these bills before this witness gets through, if you have 
them. I mean the bills for this pipe that he has been testifying to. 

By :Mr. Wilson: 

Q. Whom else did you see besides Governor Shepherd ? — A. I do not 
remember distinctly. Some of the gentlemen 1 saw I did not then know 
their names. I saw they were attached to the work, and stopited for 
information on this, that, and t'other i)oint. 

Q. I am iu)t speaking about the men who were working about the 
ditches or the contractors ; but, aside from Governor Shephenl, with 
whom did you negotiate for the sale of this i)ii»e? — A. .Myself, pcrson- 
allv; 1 did not negotiate with anybody else, nor with (Joveruor Shep- 
herd. 

Q. Who finally consummated this sale ? — A. ^My confidential agent at 
that time, ]Mr. Jenkins, consummated it under iny instructions. 

Q. Have you any letters or pa[»ers in (•onnection with this transac- 
tion ? — A. 1 have nothing but Mr. Jenkins's memorandum of the prices 
that were agreed on. 

Q. Where is that ? — A. I have it in my pocket. [Witness i)roduces 
it as follows :| 



1732 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Contract us awarded. 

5,000 feet 6, at 17. 
30,000 feet 12, at 57 . 
10,000 feet 15, at $1. 
10,000 feet 18, at 11.30. 

5,000 feet 24, at $2.30. 

Fittings estimated : 

5,000 feet 12 in. 6, at $1. , 

1,666 feet 15 in. 6, at $1.45. 
1,666 feet 18 in. 6, at |2. 

833 feet 24 in. 6, at $3.60. 

1,008 feet 12 in. 12, at $1.25. 

336 feet 15 in. 12, at $1.85. 

336 feet 18 in. 12, at $2.50. 

180 feet 24 in. 12, at $3.70. 

45 feet 18 in. 15, at $2.50. 

21 feet 24 in. 15, at $3.70. 

21 feet 24 in. 18, at $3.70. 

500 6-incli bends, at 90. 
100 12-iucb bends, at $2.75. 
50 15-incb bends, at $4.25. 

5 18-inch bends, at $6.25. 

5 24-inch bends, at $10. 
About 200 12-iuch traps, at $5. 

Estimated bj^ Saml. Chase, superintendent sewers. 

Q. This is a meinoraiuUim showing the prices at which this pipe was 
to be delivered to the board of public works ? — A. Yes, sir, as re[)orted 
to me on his return, after the consummation of the contract. 

Q. Were you to deliver that pipe here in the city, or was it to be de- 
livered at these prices at your place of business in Phiindel])]iia? — A. 
We were to deliver it at the wharf log in the port of Washington. 

Q. Where is Mr. Jenkins now ? — A. I cannot tell. He is in l^ew 
York State some place. 

Q. How long was he in your employ? — A. I think some three or four 
years, probably. 

Q. How long has he been outof your employ ? — A. I think he left my 
employ in the spring of 1873. 

Q. Can you tell where he could be found now ! — A. I cannot tell you. 
I heard from him about five months ago from New York Citj', but the 
letter being dated from a hotel, I presume he was only on a visit there. 
He is in one of the upper towns on the Hudson River, in the furniture 
business. What town it is I do not know ; 1 never inquired, 

Q. Did he ever inform you with whom he negotiated when he was 
here*? — A. No, sir ; nothing but that he went before the board of public 
works, in formal session assembled, and that the negotiation was con- 
ducted there. 

Q. How was this pipe shipped ; who was the consignee ? — A. It was 
shipped to the board of public works, Washington. 

Q. Did your house ever receive any drawback! — A. Did we receive 
any drawback, do you mean ? 

Q. Ever pay any, I would sayf — A. Yes, sir; a good bit. 

Q. On these "? — A. Yes, sir. 

Q. Whom did you pay it to ? — A. It was taken ofi' of us by the board 
of public works — the only drawback that we ever saw. 

Q. I mean to say, did you receive the full amount that is specified 
in that memorandum for the pipe that you shipped to this city ? 

The Witness. Did we receive the full amount 2 

Mr. Wilson. Yes, sir. 



TESTIMONY OF WILLIAM L. WILSON. lidd 

A. No, sir, Avc did not ; not by a bushel. 

Q. What 1 mean to say is, did yon aUow anything for those prices to 
any person ? — A. No, sir ; we Avere infornied by IMr. Shepherd in tlie 
first place that there was no ring, and nobody to pay, and we could 
estimate very low in consequence, and we did ; and we were never 
called upon to pay a cent to anybody ; we never heard of it, nor did we 
e\'er pay a cop[)er to anybody. 

By Mr. Stanton : 

Q. Wlien did your firm cease to furnish sewer-pipe to the board ? — 

A. I think somewhere about July or August, 1873, probably earlier^ 
June. 

Q. For what reason ! — A. Well, we ceased to suppply them with pipe 
because our northern markets got bettor, and we could get a better price, 
and we did not want to furnish it and take sewer-certificates, although 
1 offered to furnisb, and even took the sewer-certificates at a higher 
price, and they would not give that price. 

Q. The rates then i)aid by the board were too low ? — A. Yes, sir, 
very far; too low for any first-class factory to allow and live. 

Q. On page 1123 of the testimony of Thomas Evans I find a state- 
ment of certain prices alleged to have been furnished him in 1871 by 
Messrs. Link & Black, in State of Pennsylvania, as follows : 

DELIVERED IX WASHINGTON. 

12-incli pipe, 55 cents per foot. 
15-iiich pipe, 90 ceuts per foot. 
18-incb i>ipe, ijiLb") per foot. 
r2-incli Ijends, 80 cents per foot. 
12-inch + 80 cents per foot. 
15-inch bends, $1.10 per foot. 
15-inch + SI. 10 per foot. 
18-inch bonds, §2 per foot. 
18-incb T's, $2 per foot. 
18-iuch -\- $2 per foot. 

Have you made any investigation to ascertain whether or not such 
price-list was furnished ? — A. Yes, sir ; I have. 

Q. What was the inquiry and its results ? — A. I understood that the 
house of Link «& Black made them an offer in the year 1871, and it be- 
came my duty, as an officer of the association to which I belonged, to 
make an investigation of it. I made that investigation, and learned 
that no such offer was made in 1871. 

Q. State the association, if you please. — A. The association is the 
Eastern Clay Mainifacturing Association of the United States. 

Q. Were the i)rices of that time such as were indicated on this list in 
1871.? — A. No, sir ; not by a long shot. 

Q. How did they differ ? — A. They were very much higher than those 
prices. 

By Mr. Wilson: 

Q. Have you a price-list? — A. 1 rliink 1 Ikinc, in my overcoat. 

Q. Produce it, if you j^lease. 

Mr. Stanton. It says about the time wlicn the boord of public works 
went into opc^ration ; that would be in 1871. 

^Ir. Wilson. 1 want to kn(>w for wliat year this i)rice-list is. 

The Wi'j'NKss. That piice list took effect on the 1st day ol" January, 
1871, and has continued unchanged ever since. 



1734 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 

Q. I see it is adopted by the Eastern Clay Manufacturers' Association, 
in convention, December 19, 1872. — A. The first association was a yearly 
one, and we re-organized every year. This last association was made 
perpetual, and we date from the second organization. The first associa- 
tion went into force the 1st of January, 1871. 

Q. But tbis price-list seems to have been adopted on the 19th of 
December, 1872 ? — A. It is the same price-list as was in force in 1871. 

By Mr. Stanton : 

Q. Mr. Kitchie, of the firm of Sperry & Ritchie, engaged in the man- 
ufacture of sewer-pipes at Akron, Ohio, testifies, on page 1384, that the 
following were the prices at which sewer pipes were furnished by his 
firm to the board of public works: 6-inch, 17 cents a foot; 9-inch, I 
think, 40 cents; 12-inch, 56 cents; lo-inch, $1; and 18-inch, $L19. 
[To the witness.] How do those prices comi)are with the market-rates 
in the year 1872, when Mr. Ritchie testifies that his firm furnished the 
pipe? — A. Do you mean in the year 1872"? 

Q. Yes. — A. They were very far below card-rates, and very far below 
what the average of pii)e was bringiug in the eastern and western mar- 
kets, and so low that no first-class factory could allow them as a rule and 
continue to keep their doors open. 

Q. What would be the circumstances which would justify the 
furnishing of sewer-pipes at such rates at that time! — A. O, well, 
a manufacturer could sometimes reasonably do that under certain 
circumstances. In our business we do not do much in the winter, 
for instance. If we desire to keep our doors open and our men at 
work, we accumulate large stocks and run out a great deal of money, 
and a man can come along in the winter, and when a large amount 
of pipe was paid cash for, we would sell it to him on the same 
principle that manufacturers sometimes send goods to auction ; to 
receive the money on it, no matter what the cost was. We want 
the ready money ; we will sell at a large loss oftentimes, and, under 
such circumstances as that, manufacturers would sell at those prices, 
probably. Then, again, there are years when business is very dull and 
trade fiuctuates ; not much building going on. Those years we accumu- 
late a large stock if we run and keep our men under shelter or about us, 
and we are more disposed to sell out iu'any of those years, even losing 
money on it, so as not to get our men scattered or our machinery 
stoi»ped. 

Q. Would you call the rates thus indicated as having been procured 
by the board' of public works, high or low, atjjiat time? — A. We would 
call them very low. Here, among the manufacturers, they are called 
sheriff prices. 

Mr. Stanton. I would like to put in evidence the price-list of these 
particular articles. 

By Mr. Jewett, (to the witness :) 

Q. What is the object of that price-list ? — A. To sell the goods by. 

Q, W^hat is the object of the association '? — A. To limit discount from 
becoming too high and ruining manufacturers. 

Q. Point in that list to the discount limited. — A. There is no dis- 
count mentioued on our list; it would not be policy to do it. 

Q. Who was it who had made a proposition, or to whom it was re- 
ported a proposition had been made, about which you inquire as a 
member of the association ? — A. Messrs. Link & Black, one of the largest 
houses in the United States. 



TESTIMONY OF WILLIAM T-. WILSON. lioO 

Q. Where are they locateil? — A. In Phihi(lel[)hia. 

Q. How much h)\ver \va.s their proitositioii than the price-list at which 
you sold i — A. Thau the prices at which I actually closed with the b(»ard ? 

Q. Yes. — A. Well, I should judge rouj^hly that it would net theiu 
about 20 per cent, less than Itiiruished the board at; just roughly, uu- 
less you want it exact. 

Q. Why did you inquire '? — A. J received iuforuiatiou of thc^ fact, and 
it theu became my sworn duty to investigate it. It was really a com- 
plaint against that house. 

Q. A complaint of what ? — A. That in the year 1871 tUey had violated 
their pledge to the association, and sold at less than the associatiou 
allowed. 

Q. What WHS the price allowed by the association in 1871 ? — A. The 
price is in that price-list that I handed to you, and to certain trades 
there was a certain discount allowed for. 

Q. Is that mentioned in the paper! — A. No, sir; we don't mention 
that. This is our card-price to consumers. 

Q. What was that discount ! — A. To plumbers, architects, and build- 
ers we allowed Hfteen ])er cent, for cash. 

Q. "Messrs. Link & Black, according to the rumor, had allowed a 
hirger per cent, i — A. Yes, sir. 

Q. You were a sworn otidcer of the association ? — A. Not at that time ; 
not in 1871. I was not, but at the time this complaint was received I 
was. 

Q, Were you at the time you made a sale to the board of public 
works ? — A. I was ; yes, sir. Do you mean was I an officer ? 

Q. Yes, sir. — A. No, sir. I was a member of the asvsociatiou. 

Q. A member of it, and bound by its rules ? — A. Yes, sir. 

Q. And as such you had a right to complain of Mr. Link ? — A. Y^es, 
sir; as members we have a right to complain of each other for every- 
thing aud anything. 

Q. Upon what principle did you sell at a discount of 40 per cent. ? — 
A. When the association met in 1871 — we always uiet in December — 
I asked a special dispensation from the association to furnish the board 
of public works in Washington at lower tlian association rates, for a cer- 
tain reason, and the association granted it to me and to all the iiiem- 
bers alike. That lowered the ])rice in this market very much indeed. 

Q. What was the reason ? — A. The reason was that we had competi- 
tion with foreign pipe. 

Q. Any more competition here than elsewhere ? — A. Well, I think 
there was, for the reason that this was a very large matter in our line, 
and we imagined that the importer of foreign pipe wanted it all, aud we 
<lid not want him to have it all. 

Q. Were the Messrs. Lirdc & Black members of the association at 
the time you got that dispensation? — A. Yes, sir. 

Q. Did they make any bid * — A. I do not think they did, for sundry 
reasons. I am iiretty sure they did not. 

(^. Had you an agent residing in Washington? — A. Xo, sir; not at 
that time. 

Q, W^ere you acquainted with a Mr. Wall ? — A. I was accjuainted 
witii a Captain Wall, 

Q. Had you any business relations with him ? — A. At thai time do 
you mean ? 

Q. At any time. — A, O, yes, since he left the board of public works' 
employ he has been in my em|)loy. 

Q. Previous to hiis leaving' the employ of the board of iinblic works, 



1736 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

hi\{\ yoii any business relations with him ? — A. IS'o, sir- none at all, ex- 
cept that I tijonght that he was a very quick business-iuan, and he was 
the party — he was the officer of the board of public works that I came 
more immediately in contact with in having my account settled. 

Q. Did you not come more immediately in contact with him before 
making your contract ? — A. I never laid my eyes on him before the con- 
tract was consummated, that I know of. 

Q. Nor any agent of yours ? — A. Well, sir, I cannot answer for that. 
Mr. Jenkins might have seen Captain Wall ; but not that I know of. 
The first that I heard of Captain Wall was, 1 think 

Q. Did Mr. Jenkins or any other person communicate to you the tact 
that Captain Wall was representing you in your negotiations with the 
bojird of public works? — A. No, sir; positively not. The first I heard 
of Ca])tain Wall was about three or four months, I think, after we began 
to supply the goods, and then when I came down to see how the goods 
were getting along, and what was the amount due us, &c., I was referred 
to Captain Wall as the superintendent of property. Then I came in 
contact with him, and found that he was a very quick man and shrewd. 

Q. How long were you engaged in the delivery of these pipes? — A. 
I think we commenced in January of 1872, and our final shipment was 
made in some part of 1873 — June, July, or August. 

Q. And that inducement for selling so low was cash? — A, Yes, sir. 

Q. What do you mean by cash ? — A. Well^ when we business-men 
talk of cash without any modification to it, we mean cash inside of 
thirty days ; that is, we allow thirty days as a courtesy to examine bills 
and goods and so on, and the cash to be at the place of sale withiu 
thirty days after shipment or delivery. 

Q. Do you mean cash within thirty days after the delivery upon each 
order ? — A. Yes, sir. 

Q. You commenced your deliveries January^ 1872! — A. Yes, sir. 

Q. And ended some time in 1873 ? — A. Yes, sir. 

Q. When did you receive your first cash payment ? — A. I cannot 
give you the exact day. The payments were very prompt. 

Q. How long did they continue prompt ? — A. They continued prompt, 
1 think, up to January — somewhere about January, 1873, as near as f 
can remember without my books ; I could tell exactly with my books. 

Q. Then you are ])retty well paid up ! — A. We were pretty well paidl 
up in cash. There is about $12,700 or $13,000 that we took in sewer- 
certificates, which we do not call payment yet. 

Q. When you speak, then, of not being paid by a bushel, you exagger- 
ate, do you not ? — ^A. I do not think that was the question which that 
answer applied to; I think they asked if we got all what was agreed 
to be paid, or got all that these contracts would amount to in cash ; that 
is, if we got all. 

Q. You said not by a bushel ? — A. Yes, because there were a great 
many deductions made from me; so much so, that it netted quite a heavy 
loss, and made me very indifierent about going on with the thing at all. 
The fact is, prices straight thiongh were too low for any first-class 
manufacturer to live by ; the board of public works could not buy those 
goods, as a regular thing, in the market at those prices. Our coal, 
wages, and clay would not allow us to sell them and make a profit — not 
by a long shot. The board of public works came into the market at a 
very favorable time for them. There were seventy or eighty houses iu 
the United States turning out large lots of goods, and trade was very 
dull, and we were very eager to sell so as to get money to pay men. 
That is about the secret of it. I started the low prices, and the westero 



TESTIMONY OF WILLIAM L. WILSON. 1737 

men, in orrler to j>et a sliare in tlio matter, went a trifle under me; but 
none of us were very particular ; noue of us would have died of grief if 
they had cut otit our contract at any tiuie; we considered them very low 
l)rices, indeed. 

V>y Mr. Wilson: 

Q. What time did Mr. Wall come into your employ '? — A. I cannot 
tell you the exact date. It was three or four or hve months after he 
was out of the employ of the board of public works. 

Q. Can you give us the year and the time of the year? — A. I think 
it was in January, 1873. 

Q. Tliat he went into your employ ! — A. Yes, sir. 

Q. In what way was he in your employ? — A. He was my traveling 
agent ami salesman. 

Q. Did lie make any sales to the board of public works for you! — 
A. I think there was a vsale made in 1873. This last shipment that I 
am speaking of here — one or two of the last shipments. 

Q. What was the extent of that sale? — A. Seven or twelve thousand 
dollars ; 1 don't know which. Some small amount. 

Q. Dill you pay hiui a percentage on the sales? — A. No; I paid him 
a salary and traveling expenses. 

By Mr. Stanton : 

Q, You speak of deductions having been made by the board of public 
works; what were they for? — A. The board were very strict in their 
ins|)ection of the pipe, and any pipe that had the slightest defect was 
thrown out without mercy. The same pipes engineers in the North 
would readily put under the grouiul was refused by tliese engineers 
and iuspectors here, and they left them on our hands; sometimes as 
much as $500 or a $1,000 taken off of a settlement for pipes rejected. 
By Mr. Wilson : 

Q. Were not, afterward, pipes which had been rejected, taken by the 
board ? — A. Not that I know of. Quite a number remain on our hands 
yet. 

By Mr. Stanton : 

Q. Will you look at this list and find the prices and kind of pipe in- 
dicated in tills price-list of Link «S: Black ? — A. For the 12-lnch pipe, that 
is down in this printed testimony of Mr. Evans at .55 cents a foot; our 
card-[)rice is80 cents. The 15-in(!h [»ii)e in the jiriuted testimony at 90 
cents a foot, in our card-price is $1.1*5 a foot ; the 18-incii iilpe, iu the 
lirinted testimony $1.15, isinour card-price $1.00; the iLJ-incli bend, iu 
the printed testimony at 80 ceuts per foot, is $3.75 a [liece iu the card- 
price. The 12-inch double t's, at 80 (;eiits per toot, would rate, one size 
of them, about $2.75 a foot. The 15inch bend, at $1.10 per foot, card- 
jirice, is $5 a foot. The 15-incli double t's at $1.10 per foot, part of 
thrill would be somewhere about $3 or something over a foot. The 
LSinch bend, at $2 per foot, card-price, is $7.50 per foot. The 18- 
incli t's, at $2 per foot, one size of them is $3 a foot. The 18-inch 
double t's, $2 a foot, rate at the card-price something over $4 a foot, 

should judge. 

By Mr. CnRiSTY : 
Q. Did you have a contract with the board of public; works ? — A. 
Well, we had a contract in a way. We did not have a derinite written 
formal contract. We proposed to furnish them goods at a certain 
price. 



1738 AFFAIES IN THE DISTRICT OF COLUMBIA. 

Q. Was that proposal in writing' ? — A. It was, sir. 

Q. Filed with the board of pnblic works ? — A. I cannot answer i)er- 
sonally. I am not personally cognizant of that fact, whether it was 
filed 5 bnt it was in writing, and the board of public works would not ac- 
cept our figures, but cut them down very much, and said we could fur- 
nish at that price if we chose. 

By Mr. Stanton : 
Q. That is at the reduced price ? — A. Yes, sir ; they cut down our 
figures very much, even more than I supposed. Then they gave us 
permission to furtiish goods at their rates. It was so low that I could 
not bind myself to furuish in any amount, atid I suppose the tacit un- 
derstanding was that I should furnish what I chose under those prices. 

By Mr. Christy : 

Q. Then the board finally, refusing to make the contract at the price 
that you indicated, did determine to accept, provided you would furnish 
at another price indicated by them ? — A. Yes, sir. 

Q. Was that resolution of the board, or determination of the board, 
transmitted to you in writing? — A. I think it was. It was the certified 
copy of that portion of the minutes of the board that I considered made 
the contract. I did not ask for anything more definite or formal, be- 
cause, at those tremendous low prices, I did not want to be bound to 
furnish any given quantity ; so I just took the matter as it was. They 
furnished us a certified copy of the minutes. 

Q. And it was under that that you furnished so much pipe as you did 
furnish ? — A. Yes, sir. 

Q. And no other contract? — A. And no other contract. 

Q. I understand you to say that you received a dispensation from 
your association to furnish to the board of i)ublic works of the city of 
Washington certain pipe? — A. Yes, sir. 

Q. Was that at the rates that they subsequently agreed to receive 
your pipe for, or the rates that you first proposed to furnish for ? — A. 
The association, in giving all of the different members the right to sell 
to the board of public works, did not fix any rates, but gave them per- 
mission to do as they pleased, or, as it was rated, their right to go to 
the devil in their own wa.y. 

Q. That also included the firm of which you complained — Link & 
Black ? — A. Yes, but this was 1872, not 1871 — the year they were 
alleged to have made this offer. 

Q. This contract was in January, 1872 ? — A. Yes, sir. 

Q, Then your first purpose was to exclude from this market foreign 
pipe; that induced you to offer at these low rates? — A. O, yes — no, sir, 
you are wrong there. It was not altogether the motive. 

Q. That was one of the motives ? — A. We had our pipes to sell. The 
manufacturers, at the end of the first year of the association, com- 
plained that trade had been dull and their stocks had run up on their 
hands. This binding of prices had kept them there. They then alluded 
to the fixct tluit there was a large contract in the Washington market 
which, unless the prices were unloosened, the importer of foreign pipe 
would certainly take out of their mouths ; and these two reasons, the 
surplus of stocks and the want of money and the desire to beat the im- 
porter of foreign pipe, caused the association to grant the members the 
right to do as they pleased down here. 

Q. So those were the motives operating upon your mind in January, 
1872 ? — A. About those motives ; yes, sir. 



TESTIMONY OF WILLIAM L. WILSON. 1739 

Q. Then you contiiinod to furnisli pipe at those rates until July, 
IS 7. "3 ? — A. Yes ; off and on. 

Q. With a contract, as you understood it, that did not bind you ex- 
cei)tin<; at your own volition ? — A. Yes ; just so. 

Q. Did all these three causes that combined to induce you to make 
this olter, continue until July, 1873 ? — A. Xo, sir; it was like an inter- 
mittent fever ; sometimes it w^as, and sometimes it was not. 

Q. Then why was it that you furnished at such times as this inter- 
mittent fever was upon you ? — A. Well, whenever we ffot a heavy stock 
of goods ou hand and got very low in pocket, we would come down 
here and rei)lenish a little. 

Q. !So I understand you to say that tliese rates at which you furnished 
these ])ipes were really unprofitable to you ? — A. Yes, sir ; decidedly so. 

Q. And yet you continued, after the causes had been interiupted or 
entirely suspended, to furnish until July, 1873? — A. No, sir; I di<l not 
continue when the causes were not in force. As long as the low pocket 
and high state of the stock was in force we would continue to sell here. 

Q. Do you mean now that when you found that you had a market 
elsewhere that you then refused to furnish them material ? — A. Well, 
we did not refuse to, but we became very indifferent about it. 

Q. You neglected '. — A. Well, we did not neglect; we were not bound 
to deliver any quantity. As I told you, I would not have taken a con- 
tract at those ])rices to deliver ten cents' worth, let alone $10(),0(K) worth. 
The contract was given to us in that way. "These prices we know are 
low. If you want to lurnish them, go ahead. Y"ou can stop when you 
want to; we will stop when we want to." That was the only way. 

Q. So, in fact, you had no contract binding upon either party? — A. 
No, sir; only what price was to be paid for them and where they were 
to be delivered was all the contract. 

Q. When was thelirst i)ipe thrown out of which you speak ? — A. Well, 
I cannot tell i)Ositively, but I am sure it was thrown out jnomptly ou 
the arrival of the first cargo or first car-load. There was never much 
delay about tlirowiug it out. 

Q. Was that during Mr. Wall's connection with the boar<l ? — A. Y'es, 
sir; I am sure it was, because Captain Wall from the first tiuie that I 
came in contact with the board of public works was their su[)erintendeut 
of property, I think. 

Q. When he went out of their employ, or subsequent to that time, 
you eni[»k)yed liim yourself? — A. Yes, sir. 

Q. Among other duties tluit he had was to secure sales of pipe iu 
this city t — A. No, sir ; all over the United States — all over the world. 

Q. Auiong others, in this city ? — A. Yes, sir. 

Q. And as ycmr agent he did make a sale here? — A. O, he made a 
hundred of them. 

(,). 1 mean to tlie board of public works he made one? — A. He made 
one; yes, 1 think it was one of them. 

Q. But at that time your contract ha<l been rescinded with the board 
of pul)lic works, had it? — A. No, it had not been rescinded. As I told 
you, we became indifferent about furnishing the goods — kind of 
drop]>ed oft". 

(}. Did not Mr. Wall obtain from the board of public works a con- 
siderably higher price for the pipe than you would have obtained if you 
had furnished under your contract ? — A. No, sir, not the value of a rot- 
ten feather. 
• Q. Well, why was it that he had to nudvc a new contract, while the 



1740 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

other was in force ? When did you, in fact, rescind it ? — A. Tbi.s is the 
first knowledge I had that he made a new contract. 

Q. What do you mean when you state that he made sales to the board 
of public works ? — A. I do not know that he made any contract. I never 
heard tell of it. He received an order from the board of public works. 
That is the proper term. We had considerable w^ork on hand. The 
board of public works were doing some of the tallest pipe-laying that 
ever I heard tell of, using up thousands of feet a day, and 1 presume 
they asked Captain Wall if we had any, and we said we had. " Was 
Mr. Wilson willing to furnish at the old price?" He wrote to me would 
I do so. I looked over my stock and bank-account, and I thought I had 
better furnish a little and get some money. 

Q. That was in 1873, was it? — A. Yes, sir; that was in 1873. There 
was no new contract; no new bargain or negotiation at all. 

Q. None of these reasons operating on your mind, and yet upon the 
application of Captain Wall you furnished pipe at the old rates to the 
board of ])ul)lic works, because they were then paying money for the 
pipe. Is that true ? — A. On the appUcation f He had nothing to do with 
applying to me to do it. He merely transmitted to me what information 
he gathered in the market, and then it became me to do or not to do as 
I pleased ; that was all. He wrote to me that the board of public works 
would now receive some more pipe if I was willing to furnish it. 

Q. What time in 1873 was that ? — A. I cannot tell you exactly the 
date. 

Q. Were they in fact pajing cash for x)ipe at that time ? — A. So I un- 
derstood, and I understood up to the minute that bonds were put in their 
hands. In fact, when he received the bonds, I got a telegraph from him 
which read, " $10,000 cash," and I supposed it was cash. 

Q. When was this "? — A. It was somewhere about the first of Sep- 
tember, 1873; I remember that particularly ; I was going away, and 
■\vanted the money at the time. 

By Mr. Stanton : 
Q. You considered the arrangement effected by the board of public 
works a pretty shrewd business operation on the part of the board ? — 
A. I think it was ; I think they bought their goods lower in our line 
than they could — than anybody else could have bought, or will again 
be able to buy for a long time, until our wages and coal come down 
very much. The wages in our business being very low-priced, it is not 
l^robable they will ever come down. 

Mr. Lewis Clephane recalled. 
By Mr. Wilson : 

Question. Have you those books ? — Answer. I have those books. 

Q. Where are they ? — A. They are here. 

Q. Let me look at them. 

The Witness. I desire to say to the committee just here that I 
should be very glad to furnish those books to the committee for their 
personal inspection, and would be very glad to have them examine them 
thoroughly ; but I have very decided objections to other parties out- 
side of the committee examining them, unless the committee, after 
examination, shall deem it desirable to have them do so. There are pri- 
vate business transactions, and I would like for the committee to exam- 
ine them all thoroughly, and then, after that examination, if they think 
they should be made public, I am perfectly willing they should be. < 

Mr. Merrick. You are very complimentary, Mr. Clephane. 



TESTIMONY OF LEWIS CLEPIIANE. 1741 

The Witness. I think yon will see the Jnstiee of my objections to 
havin<i- books of a private bnsiness corporation made pnblie. 

Mr. .AIekrick. I do not. It .seems to me a needless imputation upon 
the counsel who are concerned in this case. 

The Witness. I desire to say that it is not an imputation at all upon 
counsel; but these things often j;et into the newspapers, and it is very 
uni)leasant to have private matteis spread before the pul)lic. 

Mr. Mekkick. You do not discriminate between counsel and any- 
body else. 

]\lr. Chuisty. He does, now. I am i)erfectly willing that the com- 
mittee shall be subjected to the labor of examiiuition, if they are will- 
ing to uiulertake it, for I have every confidence in their intelligence. 

The Witness, These books relate to purely business oi)erations, and 
it is ;u)t at all pheasant to have one's private business spread abroad 
throughout the country. 

Mr. Wilson. Let us liave the books. 

The \Vitness. Here they are, (producing the same.) 

^Ir. Christy. ^Ve are willing to accept the books on any terms. All 
we wanted was to get them. 

The Witness. 1 will state that the ledger is here, and the record- 
book, containing the proceedings of the company from its very organi- 
zation, and also the stock-book. 

Q. Did you bring any of the books and papers you received from Mr. 
A. M. Smi'th ?— A. Yes, sir. 

Q. x\re your dividends in these books? — A. Y^es — everything. 

Q. Where are the original articles of association, or papers under 
which this Metropolis Paving Company was organized ? — A. They are 
all in that volume. That contains the whole record, (referring to the 
secretary's book of the Metropolis Paving Company.) 

Q. The first thing Lfind here is the by-laws. In what way was the 
comi)any organized I — A. It was organized as a stock-company. 

Q. Where are the papers showing who were the original subscribers 
to the stock ? — A. I suppose it is all in the stock-book. I think the 
original names are mentioned there. 

(,). Did not you have any articles of association ? — A. We had the 
general incorpcu-ation act. 

Q. Where is that ? — A. That is on file at the court. 1 believe it has 
beeu entered in our proceedings somewhere. 

Q. Were there articles of incorporation ? — A. There were. 

Q. Were these articles of incorporation signed ? — A. Yes, sir. 

(^. Do you remember by whom they were signed ? — A. The names 
are given in that paper. 

By Mr. Wilson : 
Q. Where is that paper? 

Mr. Mattingly. I thitdv it is appended to the first charge. On 
pages 2'Jli and 21)3 of the record is the following stateimeut: 

* f * » # # # 

" The CuAiiJMAN. You want to ofter in ovidcmcc the articles of incorporation of the 
M etropolis I'avinf^ Company f 

"Mr. CiuusTY. VeH, 8ir. 

"Mr. SrKWAKT. I would like you to give the names in this conncctiou. 

" Mr. CuitisTY. I will read them. They are Lewis Clei)hane, Kiclianl H. Mohnu, 
John L. Kidwell, Moses Kelly, William S. Huntington, Samuel G. Young, llallet Kil- 
bourn, A. S. Solomons, and A<ldison M. Smith." 



1742 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The following is tbe copy of tbe certificate of incorporation on file in 
the office of the register of deeds : 

Incorporaiion certificate of the '^MetropoUa raving Comimny," recorded October 14, 1870, 12 m. 

This is to certify that we, Lewis Clephane, Richard B. Mohnn, John L. Kidwell, 
Moses Kelly, William S. Hnatiugton, Samuel C4. Yonng-, Hallet Kilbourii, Adolphns S. 
Solomons, aud Addison M. Smith, have organized and formed a company, to be known 
by the name of the Metropolis Paving Company, the objects of said company being 
the laying of all kinds of pavements, the grading of streets and avenues, the laying 
of footwalks and setting of curbstones, and all work pertaining to improvements of this 
character, within the limits of the District of Columbia. That the term of the exist- 
ence of the said company shall be ten years, commencing from the date hereof. That 
the capital stock of the said company shall consist of two hundred thousand dollars, 
($200,000,) divided into two thousand'(2,000) shares of one hundred dollars ($100) each. 
That the trustees to manage the concerns thereof for the first year shall be nine in 
number, namely : Lewis Clephane, Richard B. Mohun,JohnL. Kidwell, Moses Kelly, 
William S. Huntington, Samuel G. Young, Hallet Kilbourn, Adolphus S. Solomons, and 
Addison M. Smith. 

The place of carrying on the business shall be in the city of Washington, in the 
District of Columbia. 

In testimony whereof we have hereunto set our hands aud affixed our seals on the 
13th day of October, A. D. 1870. 

LEWIS CLEPHANE, [seal.] 

RICHARD B. MOHUN, [seal.] 
JNO. L. KIDWELL, [seal.] 

MOSES KELLY, [seal.] 

W'M S. HUNTINGTON, [seal.] 
SAM'L G. YOUNG, [seal.] 

HALLET KILBOURN, [seal.] 

ADOLPHUS S. SOLOMONS, [seal. ] 
ADDISON M. SMITH, [seal.] 

[Stamp 5 cents.] 

District of Columbia, 

Count!/ of fVasliington, to wit: 

I, Nicholas Callan, a notary public in aud for said county and district, do hereby cer- 
tify that Lewis Clephane, Richard B. Mohnn, John L. Kidwell, Moses Kelly, William S. 
Huntington, Samuel G. Young, Hallet Kilbourn, Adolphus S. Solomons, and Addison 
M. Smith, parties to a certain certificate of incorporation bearing date on the 13th 
day of October, A. D. 1870, and hereto annexed, personally appeared before me, in my 
county aforesaid, and then and there acknowledged the same to be their and each of 
their act and deed, for the objects therein set forth. 

Given under my hand and notarial seal this 13'th day of October, A. D. 1870. 

[notarial seal.] N. callan. 

Notary Public. 

Thi^ is to certify that the within is a true and verified copy of an act of incorporation 
as recorded in liber Deeds of Incorporations, fol. 96 et seq. of this office. 
Washington, D. C.,Fehruary 15, 1872. 

[seal.] S. wolf, 

Eecorder. 

Mr. Wilson. I want to read one or two paragraphs from this book. I 
read from the meeting held on Friday, October 14, 1870 : 

Mr. Kilbourn stated that 15 interests were represented in the company, of which 
number 12 only were at present available for assessment, and moved that each interest, 
for the purpose of assessment, be fixed at $10,000, and that an assessment of 20 per 
cent, be made on such stock, 10 per cent, to be paid on Tuesday next, the 18th inst., 
and the balance upon call of the president. Adopted. 

A. Yes, sir; there were twelve of us, I think, and we divided one 
hundred shares to each of the original corporators. 

Q. There were fifteen interests, according to this, who in your judg- 
ment were available for assessment ! — A. Yes, sir. 

Q And for pur])oses of the assessment each interest was fixed at 

),000 ^—A. Yes, sir. 



TESTIMONY OF LEWIS CLEPHANE. 1743 

Q. Now, was that 20 per cent, paid ? — A. Yes, sir, subsequently — 10 jier 
cent, was paid in at the time. 

Q. And afterward 10 per cent, more ? — A. Yes, sir. 

Q. That Avould not make .*40,000, as you said the other day, but 
$20,000 ?— A, 1 said 20 per cent, ot the entire stocli. It was all paid 
afterward. You see the stock was not all delivered at that tinie. 

k^. The whole capital stock was 8200,000 ?— A. Yes, sir. 

Q. And that was divided into shares of $100 each ? — A. Yes, sir. 

Q. Was there any other assessment upon the capital stock than that 
20 per cent. :'— A. No, sir. 

Q. Then the whole amount that was paid in was $20,000 — the paid-up 
capital was $20,000? — A. Xo, sir; 20 per cent, on the entire capital. 
There was stock distributed about that time. The whole stock was 
distributed, and 20 per cent, called in on it, which made the $40,000 ou 
the $200,000. 

Q. When was that done ? 

The Witness. Tiie 20 per cent., do you mean ? 

Q. Ni), I am siieakinj? about the time the other stock was distrib- 
uted. — A. I think you will tiiid it in the records there, somewhere. 

Q. I will read from the record of January 9, 1871: 

On motion, it was ordered that the following amounts of stock be distributed among 
the following iiarties, namely: 

C. C. Chaffee, 100 shares; R. M. Hall,25 shares; T. L. Tullock, 25 shares; W. J. Mur- 
tagh,25 shares; C. S. Noyes, 25 shares; S. H. Kautt'nian, 25 shares ; L. Clephane, trus- 
tee, 25 shares; L. Clephane, trustee, 50 shares; L. Clephane, trustee>100 shares; L. 
Clephaue, trustee, 100 shares ; leaving a balance undistributed of 300 shares. 

Q. Did that distribute the whole of that $200,000 of stock ?— A. 
Yes, sir. 
Q. Were these parties assessed on this stock ? — A. Yes, sir. 
Q. What amount ? — A. Twenty per cent, of the stock. 
Q. I will read again : 

On motion, it was ordered that the assessment of 20 percent, on the stock heretofore 
made be extended to cover all tlie stocic of tlie company, and tiiat the balance of the 
stock unappropriated be distributed among the original twelve stockholders. 

W^hat stock was that — that three hundred shares ?— A. These twenty- 
five additional shares, and distributed to each of the original twelve 
shareholders. 

Q. 1 will read again : 

Mr. Huntington moved that as soon as the condition of the finances justified, the 
president be autliorized to declare a dividend of 20 per cent., viayablc in scrip, or 
otiierwise, at the discretion of the president. Adopted. Ou motion, the meeting ad- 
journed. 

Was there ever more than 20 per cent. i)aid on this stock ? — A. No, sir. 

(}. Was that 20 per cent, paid in cash, or was it [)aid in s(;rip(livi- 
dends of 20 per cent. ? — A. It was [)aid first iji cash, but did not remain 
long, because we soon declared a dividend, after we got through with the 
work on Pennsylvania avenue. It was soon paid back. 

Q. Were you then at work on Pennsylv'ania avenue ? 

The Witness. What is the date? 

(I. This is the 9th of January, 1871. — A. No, sir; we had gotten 
through at that time ; finished up. 

f^. If you had gotten tliroiigii at that time, what was the occasion for 
levying a 20 j>er cent, dividend on this stock ? — A. We had completed 
the work, but liad not received the pay. 

Q. What was the occasion for calling in the 20 per cent., requiring 



1744 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tlie parties to pay in 20 per cent, in money f — A. Simply to distribute 
tlie stock to the parties in interest and make it stand on the same foot- 
ing. The original twelve had paid in and we thought the others should 
pay also. And, in fact, we needed some money at that time to help 
us to meet our engagements. 

Q. And then you made a dividend of 20 per cent. ? — A. Yes, sir ; 
■which brought that all up — which wiped that all out — paid backfall 
that was paid in. 

Q. I see that there were two hundred and seventy-live shares distrib- 
uted to yon as trustee? — A. Yes, sir. 

Q. For whom did you hold those shares? — A. I bold them in trust 
for the company — certain parties. They left it optional with me to dis- 
pose of that stock, and they made it to me in order to wind up the 
whole concern, and made it to me as trustee, and left it optional with 
me to dispose of it. 

Q. I don't know as I entirely comprehend you.-.— A. I say the whole 
stock was distributed at that time, and this extra stock was placed to 
me as trustee. The fact was that there were a good many parties w^ho 
claimed that they must have some stock in the company, as they wanted 
it. It was very desirable stock to be had, and some parties who wanted 
it we didn't desire to have in the company, so the whole thing was made 
to me as trustee, with power to use it as I might think best. 

Q. What did you do with it "? — A. I used most of it ; some of it 1 re- 
tain. 

Q. What did you do with this stock ? — A. The stock-book there will 
show how all of the stock was disposed of. 

Q. Cannot you tell us who got that stock? — A. I really have forgot- 
ten ; it is there. I hold some of that stock as trustee yet. 

Q. Do you hold the whole of it? — A. I^o, sir. 

Q. To whom did you transfer it? — A. I really forget. It is in there — 
you will find it there, toward the last. [Pointing to stock-book.] 

Q. Did you pay up 20 per cent, on this trustee stock ? — A. Yes, sir ; 
it is all paid up. 

Q. Was that paid with your own money, or money out of them 
pany ? — A. It was paid up with money out of the company. 

Q. Company's stock? — A. Yes, sir; and paid back Avhen the parties 
got the stock. 

Q. Did you transfer it to parties, and then did those parties pay in 
their 20 per cent.? — A. No, sir; I held that stock a long while before 
1 gave it out. 

Q. Who did you give it out to ? — A. Well, I think there was some of 
it given to a man by the name of Spicer, and, I think, Mr. Evans got 
some of it — John O. Evans. I can tell you by looking at the stock- 
book. 

Q. Here are 100 shares. This was transferred May 3, 1873, to Samuel 
Emery. Where will you find Samuel Emery's account? — A. In the 
ledger. 

By Mr. Jewett : 

Q. What was the par value of the stock ? — A. One hundred dollars a 
share, 

Q. Did Samuel Emery ever pay for that stock ? — A. Yes, sir ; he paid 
the 20 per cent. You will find it in my name and then transferred. 

Q. I find here a charge against Samuel Emery for 100 shares of stock, 
July 24, 1873. — A. It is transferred on the books there in May. 

Q. These are your books ? — A. Yes, sir. 



TESTIMONY OF LEWIS CLEPHANE. 1745 

Q. How is it transferred in May and you don't charge liini witli it 
until July ? — A. I don't know why that was. You see we were not do- 
inj;- a regnhir business at that time, and I suppose probably i may have 
nejilected to enter it. 

Q. When did you dedare a dividend of 25 per cent. ? — A. That was 
in October last, likely. 

Q. I lind here under the same date, July 24, he is eharf?ed with a div- 
idend of 23 per cent. — A. That is the dividend of 25 per cent. We 
have declared altogether 35 per cent. 

Q. You say in October. It is charged here July 24, 1873. — A. I don't 
know how that can be. I think it was in October we declared that div- 
idend of 25 per cent., at the time we decided to wind u|) the company. 

Q. State where I can tind where ^Ir. Emery paid you anything for that 
stock. — A. Y'ou will lind it charged to me in my account, I guess. It is 
to nu» as trustee, and then transferred afterward. 

Q. It is charged to you as trustee, but in your hands it belonged to 
the company '? — A. Xo, sir. 

Q. You held it for the company ? — A. I held it in trust and to be paid 
in, the same as any other stock — 20 i)er cent, on it. 1 simply transferred 
to him. 

Q. 1 understood you to say to Judge Wilson, a moment since, that 
whatever you paid on account of this stock was out of the moneys of 
the company. — A. It was uot exactly out of the moneys of the com- 
l)any. I held it, and I accounted for all the stock the same as 1 would 
if 1 held it individually. 

Q. Do you mean so far as any assessments were made on this stock 
held by you as trustee, that you paid for it out of your individual mon- 
eys ? — A. Yes, sir. I held, the stock entirely myself until it Avas trans- 
ferred. 

Q. But that is not the question as to your holding it. It shows here 
you held it as trustee. Xow as trustee for whom .' — A. Well, it would 
be as trustee for the company. 

Q. Now as trustee for the company when an assessment was made 
uixiu it you paid that assessment as trustee of the company? — A. Y^es, 
sir. 

Q. Y'ou paid it out of the moneys of the comi)any ? — A. Yes, sir; and 
it was all paid back prior to iMr. Emery getting that — the whole of that 
money. At first you see the whole stock is credited with 20 per cent. 
l)aid in. So that before he got it, it was all balanced up so far as the 
payments of the 20 per cent, were made. 

Q. Then when you transferred this stock to Mr. Emery ? — A. He got 
25 per cent, of the profits. 

Q. When you transferred this stock to ^Ir. Emery you, as trustee of 
the company, had received from the comi)any in divideiuls the full 
an)(Huit which you had paid on account of the stock as such trustee ? — 
A. I>y assessment. Y^ou will find that the stock-account was all balanced 
ni» long before that by the dividends paying for it — 20 i)er cent, on each 
shiire of the stock, and I held, of course, that dividend on that stock as 
well. 

(}. Then when you came to transfer to Mr. Emeiy you gave him that 
stock for nothing '! — A. He comes in then for the profit. 

Q. You, at the same time, gave him a credit for $2,500 as a dividend 
of that stock '. — A. On the profit. 

Q. As dividends on tliat stock '? — A. Y"es, sir. 

Q. Then was the ]U()]»erty of the company at that time equal to the 
amount of its capital stock in value .' — A. NVe really had no i)roperty. 
110 D c T 



1746 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

We liad paid back all that had been paid in, and what we had there were 
the profits of the company, which we were dividing and have been divid- 
ing, at the rate of 35 per cent. — 25 per cent, at that time and 10 per cent, 
since that, making our profits about 40 per cent. — 5 per cent, we hold 
for expense of keeping pavement in repair. 

Q. I do not find any record of the 10 per cent, dividend of Mr. 
Emery ? — A. It has not been paid. The credit of 25 per cent, is there, 
I believe. 

Q. Then you gave this stock to Mr. Emery withaut any considera- 
tion? — A. It virtually cost him nothing. 

Q. Turn to the next. That disposes of one hundred shares of this 
stock. You have disposed of one hundred shares of this trustee-stock. 
To whom did you give the rest? — A. I see the other is held by Mr. 
Evans. I see it has not been transferred yet. 

Q. To whom did you give it ? — A. I think it was given to him. He 
owns a great deal of stock which has never been transferred on this 
book here — stock which was bought from different parties. 

Q. Did he buy from you as trustee ? — A. Yes, sir. 

Q. What did'he pay you ? — A. He paid the 20 per cent. in. 

Q. When was that ? — A. That it is liard for me to remember. It was 
a long while back. 

Q. Does the stock still stand in your name? — A. Yes, sir. 

Q. You have never transferred that? — A. No, sir. 

Q. What was the next transfer you made ? — A. I think these are all. 
I think 50 shares and 25 shares are all. The other I have. The one 
hundred shares I stdl hold. 

Q. Do you hold that for the benefit of the company? — A. For the 
benefit of the company. It has never been disposed of. 

Q. Do you hold it for the benefit of any individual ? — A. No, sir ; I 
calculate to have that myself. 

Q. Why did you give Mr. Evans shares of stock ? — A. We thought 
he was a good man to have in with us. 

Q. Was he not a stockholder previously? — A. No, sir ; I think not. 
I do not know that he appears here at all on the books. He bought a 
lot of stock, but I do not think any of his stock has really ever been 
transferred. Yes, here is one place I see, " Transferred from stock No. 
15." That is stock that he bought from Moses Kelly; "II" is also 
stock from Moses Kelly — fifty shares each. 

By Mr. Jewett : 
Q. There are no such accounts or transfers of fifty shares each here ? — 
A. i say it has not been transferred on the books. He holds the stock, 
but it has never been transferred on the books of the company at all. 

By Mr, Bass : 

Q. You have an account of it ? — A. Yes, sir. 

By Mr. Jewett : 

Q. There is an account, I see here, with Mr. Evans for eighty-four 
shares of stock. Were you the secretary of the company ? — A. No, sir. 

Q. Did you issue that stock "^ — A. The stock was issued to him. 

Q. By you ? — A. By the secretary. 

Q. From whom ?— A. There is Moses Kelly, fifty shares, No. 14 ; 
and Moses Kelly, No. 15, fifty shares ; he has one hundred shares in all. 
That eighty-four might have been prior to this last. This was May 23, 
1872. 



TESTIMONY OF LEWLS CLEPIIANE. 1747 

Q. And this stock was all put into your hands as trustee, with full 
authority to dispose of it as you pleased ! — A. Yes, sir. 

Q. And you i>ave it away without any consideration ". — A. Some of it 
I gave away without any consideration. I took Mr. Evans iu, and he 
paid just exactly what was paid in, twenty per cent. 

By Mr. Stewart : 

Q. Did he come iu before the money was earued ; did lie advance 
it ' — A. Xo, sir. 

By Mr. Jewett : 
Q. If he paid the 20 per cent, you paid it back to him agaiu ? — A. I 
liold that 20 per ceut. There was nothing paid on it at all. The whole 
stock was wiped out. 

By Mr. Wilson : 
Q. He got 25 per cent, profit, and the stock besides, for nothing f — A. 
Yes, sir. 

By Mr. Jewett : 

Q. It says, "leaving balance undistributed of 300 shares." What 
became of that ? — A. That was distributed among the twelve original 
stockholders. It all shows here. 

Q. Without any consideration whatever ! — A. Y'es, sir. 

(}. IIow much stock did Mr. Murtagh have f — A. Twenty-five 
shares. 

Q. Did he ever have any more than that, either directly or indi- 
rectly ? — A. No, sir. 

Q. What did his stock cost him? — A. The same; twenty per cent. 

Q. Was the result of his operation exactly the same as these other 
gentlemen ? — A. No, sir; he was one of tlie original stockholders at the 
time of that distribution. 

Q. Has he transferred liis stock ? — A. Yes, sir. 

Q. To whom ?— A. To the First National Bank, I think. It has never 
been transferred on our books, however. I paid Mr. Swain, cashier of 
the First National Bank, the dividend. 

Q. How much stock did Mr. Noyes have ? — A. Twenty-five shares. 

Q. Is that all he ever had '! — A. Yes, sir. 

Q. His was the same? — A. Yes, sir. 

Q. Does ]Mr. Xoyes own his ? — A. I think he does. I do not know of 
any transler. 

Q. Do you know" whether Mr. Emery held his stock on his own ac- 
count, or somebody else's? — A. On his own. 

Q. You knew nobody else in the transaction? — A. No, sir. The way 
Mr. Emery came to get this, he claimed to be originally in the Ballard 
interest. There was a considerable fight as to whether we should let 
him have it at all. Mr. Emery claimed that he was entitled, from the 
fact of being conne(;ted, or having an interest in the Ballard Company. 
We declined to let him have it when we first organized. 

Q. Was there any 20 per cent, paid him on these 300 shares? — A. 
No, sir; that was paid out I will state that in that matter we twelve 
had to carry the whole machinery on, pn^tty much, ami they raised the 
money on it, and we made an assessment on them, and considered it 20 
per cent. We made a loan merely for the company. 

Q. So that that 300 shares with tin; ]U(jfits of it were distributed to 
the oiiginal twelve stockholders, without any consideration being paid 
by them ! — A. Without any additional consideration. 



1748 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What was the real reason for wiudiugup this company ? — A. Well, 
the real reason was that we did not thiidv that Mr. Shepherd was favor- 
ing us at all. He felt, I think, a delicacy about favoring us because of 
our combination. 

Q. You hadn't lost much ? — A. ISTo, sir ; there were so many in it 
that when Ave divided it up we didn't consider that it was paying us, 
and that we could do better — we who were active in the concern and 
running the whole machine. We thought we could do better for our- 
selves. 

Q. Wasn't this the real reason, that you had some parties to whom 
stock had been distributed in the manner which you have indicated, and 
whom you regarded as dead-heads in this buvsiness, and that you wound 
it up for the purpose of preventing them from getting further profits 
from the business? — A. No, sir; that was not the cause. 

Q. Was that matter never discussed among you ? — A. Yes, sir. 

Q. Did that have nothing to do with your winding up of this concern ? — 
A. It might have had something to do with it. 

Q. Didn't it have a great deal to do with it ? — A. It had a great deal 
to do with it ; there is no doubt about that. I didn't feel, myself, like 
carrying the whole machinery on myself, advancing money and having 
all the trouble, when I could do it by myself, individually, and receive 
a great deal more profit from the labor and expense thus incurred. 

Q. There was some money you have not yet distributed ? — A. Yes, sir. 

Q. What have you done with it? — A. I have it. 

Q- Have you had it in your possession all the while f — A. Yes, sir ; 
not money, however, but certificates. 

Q. Have you loaned any of it to anybody"? — A. No, sir. 

Q. Never ? — A. No, sir. 

By Mr. Bass : 

Q. Can you tell by this book what the gross amount of your contracts 
were with the board "? — A. Y^es, sir. 
Q. How much were they ? 

By Mr. Wilson : 

Q. In that connection I desire to ask you another question. I see by 
the record that all contracts are to be made by the iiresident in the 
name of the company. Was that done ?— A. 1 think not. I made them 
individually — most of them. 

Q. What is the reason of that when your records require that you 
should do so ? — A. I do not know of any particular reason ; I had to fur- 
nish the bond, &c. I do not know that I had any particular reason 
for doing it. 

Q. Was your company assenting to the taking of contracts in that 
form ! — A. Yes, sir; they had no objection to my doing it. 

By Mr. Bass : 

Q. As appears by this statement, the gross amount of your paving 
contracts done in this city was $595,805.93. That is correct f — A. Yes, 
sir. 

Q. The profits of your company were $80,0001 — A. Yes, sir; making 
about 17^ per cent, on the entire work done by the company in Wash- 
ington City. 

By Mr. Mattingly : 
Q. How much of that was done under the board of public works "? — 
A. Only $330,000 of that was done under the board of public works. 



TESTIMONY OF LEWIS CLEPHANE. 1749 

The other was done under the commission appointed for the pavino- of 
Pennsylvania avenue and M street. We received, as I stated tlie other 
day, for Pennsylvania avenue, $3.9.") and 8;».75, and for M street $.'3.10, 
wliich is a nnuth hioJier rate than was i)aid by the board. I have shown 
our profits to be much greater upon what we did before the board came 
into existence than afterward. It api)ears in the testimony hoW' muck 
I have done for the board of i)ublic works. It does not appear in the 
testimony what I did previously to that time. 

By Mr. Merrick : 

Q. Does that represent your individual contracts, or the aggregate? — 
A. Both. 

Q. How nuu'h was the company's contract! — A. The company's con- 
tracts, 1 stated, under the board of public works, were $19.5,000, and these 
to be added to it. 

By the Chairman : 
Q. "STliat T want to get at is the amount of work done for the benefit 
of this :\Ietropolis Paving Company, upon which this profit of $80,000 
Avas made ". — A. 1 will state that this is how it stands : The aiuount of 
work done by us on Pennsylvania avenue and M street amounted to 
$264,831. 

By Mr. Bass : 

Q. Tluit was not for the board of i)ublic works ? — A. Xo, sir ; we 
did for the board of public works $19r),r);>2, making an aggregate of 
$400,083, which is about 17i per cent, profit. 

By Mr. Wilson : 

Q. What are your own individual contracts? — A. My own individual 
contracts amount to about $135,000. 

Q. Xow, I understood you to say, day before yesterday, wheu you 
were on the stand, that Governor Shepherd had stock iu this ! — A. No, 
sir; I did not. I s?ii<l there was a Mr, Young interested. We gave Mr. 
Young's stock for his interest. 

Q. For whose interest ? — A. For Mr. Shepherd's interest in the Stowe 
patent. I made a mistake in stating that was in July. I think I stated 
that was transferred — Mr. Smith hands nie the original stock, and it 
shows that the transfer w'as made in Febrnary, 1871. 

]\Ir. Wilson. Yon had better explain that matter, lest there should 
be some misapi)rehension about your testimony. 

The Witness. I think in the letter w liich I wrote to Mr.. Shepherd I 
did not have the secretary's book with me, and I stated that the trans- 
fer, the sale, Avas made to Baldwin in July, 1871. 1 find that it was in 
Febrnary, 1871. 

Q. Tlie sale by whom .' — A. By Mr. Young. It was jiassed over to 
me. 

The CiiAiiiMAN. I have the letter ; it is to be found on page 1525. 

[The letter was read by the chairman.] 

By ]\rr. Wilson: 
Q. You sohl that stock to Baldwin, then, for Mr. Young '. — A. Yes, 
sir. 

(^. Has P>aldwin ever paid for it? — A. Yes, sir. 

Q. What did he pay ?— A. He paid INIr. Young $2,.j00 for it. 

Q. For how many shares? — A. One hundred shares. 

Q. Did !Mr. Baldwin get any dividends on that stock? — A. He did. 



1750 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

Q. Wlieii did he make that payment ? — A. He gave me notes at the 
time, and I heUl the stock until the notes were taken up ; they were re- 
newed once or twice. 

Q. When were they taken up ? — A. 1 think just prior to that transfer 
to him on the books. The transfer seems to have been October 10, 1871, 
of 100 shares of stock. 

Q. Did he pay that monev to you ? — A. He took up the note. 

Q. Wlio?— A. Bahlwin. '^ 

Q. Did he pay the money to you? — A. No, sir ; the note was in banlv. 

Q. AVhat bank ? — A. That is more than lean remember ; but I think 
it was the Bank of the Metropolis. 

Q. Who deposited the note there? — A. I think I deposited it, or, pos- 
sibly — I forget whether that note was given to me or whether it was 
given direct to Mr. Young. I think it was given to me. I know 1 car- 
ried it some time for him. 

Q. For whom ? — A. For Mr. Baldwin. 

Q. Did you pay Mr. Yonng the money ? — A. Yes, sir ; I paid Mr. 
Young the money. 

Q. When ?— A. When I sold it to Mr. Baldwin. 

Q. Then you carried the notes yourself? — A. Yes, sir. 

Q. Mr. Baldwin paid the money in the bank for your own benefit ? — 
A. Yes, sir. 

Q. What did Mr. Young pay for this stock? — A. He paid the same as 
the others — 20 i^er cent., and sold it for 2o. 

By Mr. Bass : 

Q. I don't understand one thing. It appears that your contracts with 
the board of public works, and with the old government together, were 
.$460,383. Your aggregate contracts were $595,805. — A. You get in, 
you see, this $135,000, wliich I did individually. 

Q. How?— A. Outside of the company. 

Q. Did you keep the account in these books? — A. No: it has not 
been kept in these books. It has been kept outside. 

Q. Then, that $135,000 worth of work of which you speak furnished no 
part of this $80,000 profit? — A. O, no ; not at all. • 

Q. So the $80,000 is the protit on $100,383 ?— A. Yes, sir. 

By Mr. WiLSON : 

Q. Who was interested with you in the work outside of the com- 
pany ? — A. In a portion of it Mr. Evans and Mr. Kilbouru. 

Q. Anybody else ? — A. No, sir. 

Q. Was there any other person interested in any i^ortion of tlie work 
that Evans and Kilbourn were not interested in ? 

The Witness. Of my work ? 

A. No, sir. 

Q. Some you had in your own individual right; anybody associated 
with you i — A. No, sir. 

Q. And some you had with Kilbourn ? — A. They were interested. 

By Mr. Christy : 
Q. When was that company dissolved ? — A. In October, 1872. 
By Mr. Merrick : 

Q. Was Mr. James G. Berrit a stockholder in that company ? — A. 
No, sir ; never. 
Q. None of the shares transferred to him at anytime? — A. No, sir. 
Q. These contracts that yon have spoken of, the amount of which you 



TESTIMONY OF LEWIS CLEPIIAXE. 1751 

liiive given, did tliey include the contracts of Evans and Filbert, iu 
wliicU you were interested? — A. No, sir; these are exehisive of those 
contracts. 

Qr In their name, iu which you had au interest ? — A. Yes, sir; I didn't 
keep those accounts. 

Q. 1 understand that. 

By Mr. Christy : 

Q. You were present with Mr. Kilbourn and Mr. John O. Evans in 
New York in August, '71, were you not '. — A. Yes, sir. 

Q. You were there at tlie time Mr. Kilbonrn wrote the letter with 
■uiiich we are all familiar? — A. I kiunv nothing about the letter until I 
saw it published in the New York Sun. 

Q. Since your attention has been called to that letter, have you be- 
come satisfied of the truth of the statement contained in the letter ? 

The Witness. In what respect ? 

Q. So far as the statement relates to any of the pavement companies 
in this District, or are they inaccurate ? — A. I do not know to what 
you refer. 

(}. I will refresh your recollection. [Mr. Christy then read as fol- 
lows :] 

Evans, Clcphane, and myself loft Washinoton last night to visit Philadelphia and 
this place and "gobble nii" all the aspliait or concrete pavements we can. In Phila- 
delphia, to-day, we secnred Filbert's vnlcanite pavement, which is being nsed (juite 
extensix'ciy in the park, and has the very best recommendations. We shall close up 
the business to-morrow in l)lack and white. We bonght a steam-roller to-day from an 
English agent, who orders it from Livi^rpool by cable to-night. It costs, delivered, 
about .^5,200. We shall secure another stone-breaker and a lot of asphalt to-morrow. 
The board of public works have advertised for proposals for i)aving, to be opened next 
Friday, the 1st instant. We propose to be prepared for them. We had to make a 
small ring of about seven persons in order to aeeomplish results. In this ring we put 
all the concretes. Evans, Clephane, yourself, Ktdly, Kidwell, and myself comi>rise six 
of the " ring." We shall put it in the best shape possible. We shall try and control 
the entire lot of asphalt pavenuMits. We will go home Sunday evening and get all 
things in readiness for 1st SeiJtember. 

Q. Now, I wish you to say what, if any, portion of this is incorrect. — 
A. The statement in regard to our nudcing an arrangement with Dr. 
Filbert for his pavement is correct. The statement as to the purchase 
or arrangement for the purchasing of the steam-roller is incorrect. 
The statement about "gobbling up" I know nothing about; lam in 
no way responsible for it, and I did not know there was any such ar- 
rangement. The statement about securing another stone-breaker, that 
I know nothing about. I had a stone-breaker at work here at the tipie, 
and we talked about having another stone-breaker, but made un 
arrangement about it. 

(i. As to the amount of asphalt? — A. I did nothing about it. I do 
not think any purchase was made of asphalt at all. 

Q. Do you desire now to contradict any other part of this letter :' — A. 
I do not know any other part of it. 

(^. Don't you think that has the air and si)irit of a conspiracy ? — A. 
No, sir ; I do not. 

(^). You don't ? — A. I do not. 

(}. Admitting all this to be true, every statenuMit of this letter, in- 
cluding this : " II. D. C. tells me to draw' on him for 820,000 cash, for 
real-estate pool?" — A. That I do iu)t know anything about. 

Q. That being admitte<l to be true, would not you say, as a re.isoua- 
ble person, that it was a fair inference that there was a c(>iiibination in 



1752 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

the nature of a conspiracy ? — A. I should think not. I do not see how 
auy man can draw sncli an inference. 

Mr. Hamilton. That is rather a question of law. 

The Witness. I think so. I do not think any man could draw such 
an inference. 

Mr. Christy. The reason I asked this question of this witness is this : 
He prefaces his statement under oath, with round sentences, vsaying 
that certain malicious slanders are in the charges made by the memo- 
rialists. 

The Witness. I so regard them. 

Mr. Christy. Now, I wish to ascertain whether these malicious slan- 
ders are made by Hallet Kilbourn or by the memorialists. 

The Witness. That is a question for you to decide. I do not con- 
sider that there is any slander in his statements ; but I do consider that 
there is a slander when you attemi)t to say that I conspired to defraud, 
which you virtnally do in your memorial. I am talking of the memorial 
and not of that letter. 

The Chairman. Tiie committee will look over that memorial and see 
what there is in it. 

Mr. Christy. The committee, however, listened to that which I 
deemed a very singular statement which he was permitted to make in 
this very unusual charge, as a witness under oath, and he gave signifi- 
cance to it by saying " I am under oath," 

The Chairman. He had been sworn previously ? 

Mr. Christy. But he also called the attention of the committee to the 
fact he had been sworn as a part of this testimony. 

The Witness. The charges are not made under oath. 

By Mr. Christy : 

Q. Did you, in fact, before you went to New York, have any experi- 
ence whatever in laying concrete pavement ? — A. 1 had some little. 

Q. Very little, was it not ? — A. Very little. 

Q. In what part of this city? — A. On G street, between Seventh and 
Ninth. 

Q. Who were interested with you in that? — A. There was no one. I 
took the contract and did the work for a man by the name of Dr. 
Gibbs. 

Q. The contract was completed ? — A. Yes, sir; I think it was com- 
pleted. I am not certain about that, however. I do not thiidv it was 
completed. 

Q. Who apprised you of the fact that the board of public works 
would let any concrete carriage-ways to be laid in this city before this 
tiaie ? — A. I was aware that they had advertised for patent pave- 
ments ; the concrete is a patent pavement, the same as wood, and 
in order to contract for it, as a matter of course, we must secure the 
right to lay it. 

Q. As a citizen, you are familiar with the i^ublic documents of the 
board of pnblic works ? — A. Only so far as published. 

Q. Were you not aware of the fact that they had in express terms 
pronounced against patent improvements of all kinds ? — A. I think not 
at that time. Well, that may be. Now I would state, you talk about 
the i)urchasing a stone-crusher; there was a large amount of macadam 
work to be done, and that stone-crusher was really bought directly with 
reference to that macadam. 

Q. You do not apply that, of course, to the steam-roller? — A. Yes; 
to the steam-roller also. 



TESTIMONY OF LEWIS CLEPIIANE.' 1753 

S 

Q. I thought you spoke of the stoue-ernsher. — A. The crusher also. 

Q. They were both bouiiht for maeadaui i)aveinent ? — A. Yes, sir. 

Q. Did uot you and your associates believe, when yon snbniitted your 
bids to the board of i)ublic Avorks, that the awards would be to the 
lowest bidder? — A. Yes, sir; that was my idea. 

Q. And you had no other? — A. I had no other, 

Q. And it was not for the purpose of informing the t)oard of i>ublic 
works, that you made this bid ? — A. No, sir, 

Q. To what extent did you purchase asi)halt, or arrange for asphalt! 
— A. None. We went around to the importers of it in regard to the 
prices : we made no purchases at all. 

Q. Did you not negotiate with S. M. Pike for certain patents that h 
had control of, for concrete pavement in the city of New York ? — A. No, 
sir. 

Q. Did either of your associates ! — A. Not that I am aware of. 

Q. You were not advised of that f\ict ? — A. No, sir. 

Q. Did you with any other person in New Y'^ork ? — A, No, sir. 

Q. Did von in Philadelphia f — A. No, sir; I do not know Mr, Pike 
at all. 

Q. I mean with any other person in New York? — A, I did, for an 
asphalt pavement. Not at that time, however. 

Q. At any time prior to the letting of the board of public works? — 
A. Yes, sir. 

Q. Did you in Philadelphia ?— A. We did with Dr. Filbert. 

Q. And no other persons ? — A. No other persons. 

Q. AA'hy was it that you made these extensive arrangements prior 
to that letting ? — A, To be ready for contracting ; no other purpose. 

Q. What assurance had you that you ever would receive any of these 
awards ?-^A, None, whatever. 

Q. And yet you invested in these to the extent mentioned in his 
letter without any assurance whatever that you would receive au 
award :' — A. Without any assurance whatever, either directly or indi- 
rectly, 

Q. You were subsequenth- a member of the Washington Asphalt 
Company ? — A. Yes, sir. There was no company organized; but I had 
an interest in it, I believe. 

Q. Yon were also president of the Metropolis Pavement Company, as 
you here stated ? — A. Y'es, sir. 

Q. All your contracts required you to keep your pavement in repair 
for three years? — A. Yes, sir. 

Q. Do yon consider that you obtained no advantage in being allowed 
eacli to go surety upon bonds for the other ? — A. I think uot. 

Q, You stated, in a former exannnation, that you were assessed at a 
rate tlien mentioned, and that you had interests in stocks? — A. Yes, sir. 

Q. And also certain interests in real estate. I desire to know what 
stocks you estimate as making a portion of your Avealth, wliich you 
stated to be 8.^0,000 ? — A. Well, I do not know that it Is necessary that 
1 should stiite what stof^ks 1 own of every kind. 

Mv. .MAT'i'LNGLY. I tluidv 1 luust object to that. 

Mr, ("iiKiSTY. 1 will sul)mit this (juestion to the chairnian. T asked 
I\Ir, Clepliane tliis question : to what stocks he referred wIumi he stated 
that he had sto(;ks and estimated them at a value in order to arrive at 
his aggregate wealth at the time tiiesc! awards were nuide, or at least 
tiie contracts entered into and bonds given. I want to ascertain 
whether he is correct in that statement, prefacing by saying that he ap- 
pears to have gone as surety upon bonds to a very large amount, when 



1754 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

at the same, time he was upon those bouds as principal, aggregatiug 
together 8317,000. I also laid as a part of the foundatiou the fact by 
the testimony of the witness that these pavements were required to be 
kept in repair for three years. I deem it a circumstance of importance 
to show certaiulj^ that these parties were very largely favored by this 
arrangement. 

The Chairman. You are asking the question with a view of ascer- 
taining the responsibility of Mr. Clephane. 

Mr. Christy. Yes, sir. 

Mr. Jewett. Do you want to show that he misrepresented the value 
of his proi)erty ? 

Mr. Christy. No, sir ; but I want to show that the assessed value of 
his estate at that time was only $12,000, and yet he was allowed to in- 
cur liabilities to the extent of $317,000. 

Mr. HuBBELL. Would his stocks be assessed f 

Mr. Christy. No, sir; that is the very reason of my inquiring as to 
their value. Perhaps we may eliminate all the difficulty from this. 

To the Witness : Did you estimate in that the amount of stock you 
held in the Metropolis Paving Company? — A. Yes, sir. 

Q. You say that you were charged with the duty of distributing that 
stock ? — A. Yes, sir. 

Q. I ask you, now, if the reason for that was not because there were 
controversies between the company and various persons as to their 
right to receive the stock ?— A. Yes, sir ; I stated that, I think. Some 
claimed stock that we did not think should have it. 

Q. There were persons claiming an interest in that stock that yon 
were not willing to recognize f — A. Yes, sir. 

Q. What services had they rendered for the company? — A. We did 
not consider that they had rendered any. 

Q. Did they claim that they had rendered services ? — A. I do not know 
that they did. What they claimed was that they had an interest in 
these pavements with the other parties, and we declined to recognize it. 

Q. Were there any of these parties who claimed that they had ren- 
dered services in obtaining the ])assage of these bills through Congress 
for the paving of Pennsylvania avenue and M streets ?— A. I do not 
know that there was. 

Q. You say that you subsequently gave to Matthew Emery A. I do 

not, sir. 

Q. Samuel Emery? — A. That was it, sir. 

Q. You say that you gave him a certain amount of stock ? — A. Yes, 
sir. 

Q. For what reason was that given to him ? 

The Chairman. All these transactions took place long before the or- 
ganization of the District government. Unless you wish to connect it iu 
some way with this investigation, I do not think it is proper. 

Mr. Christy. The committee inquired in regard to this transaction 
with|Samuel Emery. 

The Chairman. You can see the injustice it would be doing Mayor 
Emery to undertake to investigate that question iu his absence; you 
certainly see that. 

Mr. Christy. But it is the cordmittee that have gone into the subject. 

Mr. Hamilton. Well, the committee have traveled out of the record 
a good (Wa\. The counsel ought to show them a better example. 
f* The Chairman. I suppose that matter may have come out incident- 
ally that Mayor Emery had stock here. 

Mr. Christy. I will ask the question direct, whether Mr. Emery was 



TESTIMONY OF LEWIS CLEPIIAXE. 1755 

not one of the commissioners under Avliom M street was paved at the 
time? I do not want to do injustice to any one, and it may correct 
itself. 

The Chairman. If seems to me that it wouhl be an injustice to Mayor 
Emery to investigate that now. Tliat was all done before the board of 
public works came into the examination. 

Mr. Jkwett. The question of the committee as to that point was to 
see whether that stock, as held by the different parties, was held in 
good faith. That the witness explained. 

JNIr. Christy. There was an inquiry made as to Mayor Emery. 

jNIr. Jewett. Not to-day; not since 1 have been here. 

Mr. AViLSON. No, no; I asked whether ^Mr. Emery held stock in his 
own right, and the witness answered that he held it in his own. 
That is my recollection of the question. 

Air. Christy. I agree with the committee that the question is not 
one of any gravity as to us. 

By Mr. Christy : 

Q. Have you ever had a settlement with your partners in the Wash- 
ington Asphalt Company ? — A. No, sir. 

Q. Have you ever given any attention to their books ?-^A. No, sir ; 
I have never seen their books. 

Q. You never have examined them ? — A. No, sir. I had a statement 
from Mr. Evans, I believe, in regard to it. 

Q. What was the interest of John O. Evans in that company; what 
projiortion of the interest did he hold ? — A. He held a half, I think ; I 
think jMr. Kilbourn and myself a (piarter each. 

Q. What was the reason of that unequal interest; did he furnish more 
money than you or the other gentleman? — A. Yes; he conducted the 
whole business, and carried it on himself; we had no trouble or concern 
about it at all. 

Q. Did you know that Hallet Kilbourn invested $20,000, or at least 
tiie pro(;eeds of his notes for that amount, in this business ? — A. No, sir. 

Q. Did you know that the books show that fact '? — A. I did not. 

(^. What amount did you invest ? — A. I do not know. Mr. p]vanshad 
my notes from time to time, which he had discounted. 1 furnished about 
$0,000 or 88,000 worth of material. The machinery that 1 ha«l on hand 
went into that. 

Q. On page 304 of the testimony of this investigation it is stated by 
Jno. O. J'^vans, "Clephane has never drawn a dollar from me, or I from 
him." — A. Tliat is so, except in one case; I paid him a thousand dollars. 

(}. Did you loan any proportion of the ca])ital stock of the Metrop- 
olis Paving Company ? — A. No, sir. 

Q. To no jierson '? — A. No, sir. 

By Mr. Jewett: 

Q. There is a little misapprehension in regard to this stock. Was 
the twenty ]ter cent, originally paid uj) ! — A. Yes, sir. , 

Q. Then 1 understand your first dividend was to repay that 20 per 
cent. ? — A. Yes, sir. 

Q. This, then, stood you at nothing ? — A. At nothing. 

Q. Subserjucntly you made a <lividend of 25 per cent. u}K)n its par 
value? — A. Yes, sir. 

Q. Subse<iuently 10 per cent., which has not been ])aid ? — A. Yes, 
sir; some of the stockholders have got theirs, and others have not. 

Q. You suppose you have about live nuu-(^ left to divide .' — A. Yes, 
, sir; I suppose that is about it. 



1756 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By tlie Chairman : 
Q. That makes 40 per cent. 1 — A. Yes, sir ; paying up — refunding 
the money. 

By Mr. Bass : 

Q. I see by the books that the first twenty per cent, was paid back 
■within about six weeks from the time it was paid in. Was the same 
money paid back I You had done no work, had you, in the mean 
time ? — A. O, yes. 

Q. So it was not the same money? — A. We paved the whole of 
Pennsylvania avenue in 35 working-days. 

By Mr. Hubbell : 
Q. The same money that was paid in was not handed back to them ? — 
A. O, no, sir. 

A. B. KiRTLAND recalled. 

By the Chairman : 
Q. Do you think you have stated every material fact within your 
knowledge of this matter of De Golyer & McClelland ? — A. I think I have. 
Mr. Kirtland was here discharged from further attendance. 
The committee adjourned to ten o'clock a. m. to-morrow. May G, 1874. 



Wednesday, May 6, 1874. 

The committee met pursuant to adjournment. 

The journal of the proceedings of yesterday was read and approved. 

Major George H. Elliot sworn and examined. 
By the Chairman : 

Question. Please state what you know about the 36-inch water-main 
heretofore referred to in the testimony. — Answer. In 1871 I was chief 
engineer of the Washington Aqueduct, and by authority of an act of 
Congress and an act of the District of Columbia, I contracted to lay a 
pipe from the reservoir to New Jersey avenue, and Governor Cooke, by 
the law of tlie District, was associated with me in that matter ; but the 
main part of the business was done by myself; Governor Cooke was more 
advisory than anything else. I would say that at the letting of the con- 
tract, opening of the bids, rather the lowest bid was the bid of Messrs. 
Wood «& Co., of Philadelphia ; the amount being about $225,000, in 
round numbers. 

By Mr. Mattingly : 

Q. How much was the bid of Mr, Thomas Evans ? — A. He had no 
bid, sir. 

Q. Explain that, if you please, to -the committee. Have you the 
original bids here ? — A. Yes, sir. The next l>id or paper was an amount 
of about $235,000 ; but I threw it out for the reason that it was no bid ; 
it was not signed. The next bid was about $250,000, as near as I can 
remember it, of Messrs. Starr & Co., of Philadelphia. 

By the Chairman : 
Q. Have you tlie names of the bidders *? — A. My clerk has an abstract 
of them, sir, which shows that. 
The abstract referred to is as follows : 



TESTIMONY OF GEORGE H. ELLIOT. 1757 

Aistract of Mdsfor 36-inch main pipe for the District of Columbia, opened August 15, 1871. 



Karae and address. 


> 

1.1 
1 


a . 
o 

o 


a a 
S.2 

II 

u o 
1^ 


East AYashing- 
ton division. 


Total. 


Bryan, Dillinirhani & Co., Titusvilh>, Pa. 

Au.'itin P. r.rown, Wa.shinjjton, D. C 

J. \V. Stair & .Soil.*, Camden, N. J 

AV. C. Morris, I'liiladclpliia, Pa 


846,081 81 
40, 118 46 
40, :J96 19 
38, 406 22 
47, .503 21 
36, 131 97 
37, 860 43 


S84, 431 89 

73, 466 81 

74, 072 48 
72, 777 56 
87, 021 74 
66, 302 92 
69, 358 40 


§78, 812 06 
68, 552 89 
69, 177 75 
66,769 17 
81, 220 63 
61, 9.52 01 
64, 735 05 


$77, 790 92 
67,571 04 
68, 420 05 
67, 952 13 
80, 133 49 
61, .392 94 
63, 872 54 


$287, 116 68 
249, 709 20 
2.52, 067 07 
24.5, 905 08 
295 879 07 


K. D. Wood & Co., Pliiladclphia, Pa 

Uiiknowii. (Siippo.M'd from the signa- 
ture to the bond and bondmen's oaths to 
be Thomas Evans, Washington, D. C.) 


225,779 84 
235, 827 02 



Q. Tliat abstract contains all the bidders ? — A. Yes, sir. 

By Mr. Mattingly : 
Q. State whether this is the original bid referred to by you, or sup- 
posed to be the bid of Thomas Evans. — A. Yes, sir. It is as follows : 

Proposals for pipes and special castings. 

To Major George H. Eixiot, 

Corps of Engineers, U. S. A., Chief Engineer of the Washington Aqueduct : 
Haviiij; carefully examiued the annexcil .specifications and form of contract and the 
plan.s, will contract to fnrnish all the pipes and special casting.s, of the dimen- 
sions, in the manner, and on the conditions reqnired, for any [rt] (or less num- 
ber) of the divisions mentioned below, that may be assigned to , upon the fol- 
lowing terms, and we will deliver 3()-inch pipes and special castings for each of 
the [rt] divisions commencing on the of , 187L 

KESEUA'OIR DIA'ISIOX. 

For all the straight 36-inch pipes and special castings required, as follows: 
Thirtysix-inch straight jjipes, per pound, [/;] tifty-eight dollars per ton, 2,240 pounds. 
Special castings, per pound, (4) four cents per pound. 

GEORGETOWN DIVISION. 

For all the straight 36-iuch pipes and s])ecial castings reqnired, as follows : 
Thirty-six-inch straight pipes, per pound, fifty-eight dollars per ton, 2,240 pounds. 
Special casting.s, per pound, (4) four cents per pound. 

WEST WA.SII1XGTON DIA^ISION. 

For all the straight 36-inch pipes and special castings reqnired, as follows : 
Thirty-six-inch straight pipes, per pound, fifty-eight dollars per ton, 2,240 pounds. 
Special casting.s, per jiound, (4) four cents per pound. 

EAST AVASIIINGTON DIVISION. 

For all th(! straight pipes and special castings required, as follows : 

Thirty six-inch straight pipes, per pound, tifty-eiglit dollars per ton, 2,240 pounds. 

Special castings, per pound, (4) four cents per pound. 

And I do bcitiby agree to enter into such bonds for the faithful performance of the 

proposed contract as may be required. 

(Signed) . 



Residing at 



[a a] Tlie bidder will here (HI in tlie number ot the divisions ho will uudertaku. 
yb'i Prices must be written as well as e.xprewsed in figures. 



1758 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Froposah for stoj^cocks. 

To Major George H. Elliot, 

Corps of Engineers, U.S.A., Chief Engineer of the Washington Aqueduct : 

Having carefully exaniinetl the annexed specifications and form of contract, 

■will contract to fnruisb all the stop-cocks, of the dimensions, iathe manner, and on the 
conditions required, upon the following terms : 

36-iuch stop-cocks, each [a] four hundred and fifty dollars. 
30-iuch stop-cocks, each, three hundred and fifty. 
30-inch stop-cocks, (flanged,) each, two hundred and twenty. 
12-iuch stop-cocks, each, 12, eighty-four. 
6-inch stox)-cocks, each, twenty-eight. 

And do hereby agree to enter into such bonds for the faithful performance of the 

proposed contract as may be recxuired. 

(Signed) . 



• [a] PriCL's must be written as well as expressed in figures. 

Bond.* 

Know all men by these presents, that we, Thomas Evans, Edmund Hauley, William 
Bradley, citizens of Washington, are held firmly bound unto the District of Columbia 
in the full and just sum of five thousand (|ir>,000) dollars, lawful money of the United 
States, to be paid to the said District of Columbia, or to its proper agent or attorney 
duly authorized to receive the same, as liciuidated damages ; to which payment, well 
and' truly to be made and done, we bind ourselves and every of us, our and every of 
our heirs, executors, and administrators, in the whole, and for the whole, jointly and 
severally, firmly by these presents, sealed with our seals and dated this 15th day of 
August, anno Domini 1871. 

The condition of the above obligation is such, that if Thomas Evans, doing business 
under the name and style of Thomas Evans, his heirs, executors, and administrators, 
do, and shall well and truly, within ten days after notice of the acceptance of his bid, 
enter into contract for making and delivering pipes, stop-cocks, and special castings, 
in accordance with the terms of his bid, dated l.^th day of August, 1871, conforming in 
all respects to the advertisement dated 24th July, 1871, calling for proposals, the same 
being hereto annexed, then the foregoing obligation to be void and of non-eflect, 
otherwise to remain in full force and virtue in law. 

(Signed) THOMAS EVANS. 

(Sio-ned) EDMUND HANLEY. 

(Signed) WILLIAM BRADLEY. 

Signed, sealed, and delivered in presence of — 
Witnesses : 
(Signed) N. Callan, 

(Signed) B. T. Swart. 

[Twenty-five cent revenue-stamj).] 

Bondsmcn^s oaths. 

District of Columbia, County of Washington, ss : 

Edmund Hauley, being duly sworn, deposes and says that he resides in the city of 

Washington, in the District of Columbia ; that he is a ; and that the value 

of his property, over and above all debts and liabilities incurred by him, is over ten 
thousand ($10,0C0) dollars, and that he is fully responsible for the amount of his obli- 
gation in the foregoing bond by him executed. 

(Signed) EDMUND HANLEY. 

Sworn and subscribed this 15th day of August, 1871, before me. 

(Signed) N. CALLAN, 

Notary Fuhlic. 
[notarial seal.] 

* This boud must accompany each bid and be signed by the bidder and two competent auretiee. 



TESTIMONY OF GEORGE H. ELLIOT. 1759 

District of Coixmhia, Couniy of lf'as1niigto)i,,ss: 

Williiim Bradley, being duly sworn, deposes and says that ho resides in the city of 
AVashino-ton, in the District of Columbia; that he i.= a stonc-cntter ; and that the 
value of his property, over and above all debts and liabilities ineurred by him, is over 
ten thousand (slO,OUO) dollars, and that he is fully responsible for the amount of his 
obliji'atiou in the foregoing bond by him executed. 

(Signed) WM. BRADLEY. 

Sworn and subscribed this loth day of August, 1S71, before me. 

(Signed) N. CALLAN, 

lioUiry I'uilic. 

[XOTAniAL SEAL.] 

A. This is tlie bid of Thomas Evans, as far as 1 can remember it. It 
has been oat of my possession now about two years. I have not been 
the chief engineer of the aqueduct for a couple of years past. It has 
been in charge of tlie gentleman who was the clerk of the acpieduct. 

Q. The lirst sheet is headed " Proposals for pipes and special castings." 
That is not signed '! — A. Xo, sir ; to the best of my knowledge, that is 
the original paper. 

Q. "Proposals for stop-cocks" — there is a place there for signature, 
and that is not signed t — A. Yes, sir. 

Q. But the bond is signed and executed all right'? — A. Yes, sir; I 
have a paper here that I should like to submit as a part of my testi- 
mony. It will tell the Avhole story. 

Q. I understand that the course this thing took was this : You re- 
ferred it to the eugineer-in-chief ; he referred it to the Attorney-Gen- 
eral, for opinion as to whether these bids could be considered or not ; 
the Attorney-General reported against it, and you re-advertised it ? — 
A. That is it, sir. The attorney tor the District of Columbia also gave 
the same opinion ; but l)eing a Government officer and not a District 
officer, I was not satisfied with his oi)inion ; that is, I was not satisfied 
to act in the ujatter without the advice of a legal adviser of the (reneral 
Government : so that I appealed to the Attorney-General to allow me 
to acc('[)t the lowest bid, which was different from the next by about 
-810,000. 

By Mr. Jewett : 

Q. What was the objection to the bid ? — A. To whose bid ? 

Q. To the bids that you referred to the Attorney-Cieneral ? — A. There 
were some erasures in the bid, which nuule it difficult to understand 
what the meaning of the parties was. In fact, there was no meaning to 
it the way they left it. My advertisements and my requirements to the 
bidders were very explicit, i»ecausc it was a very large (joutract, to the 
amount of two or three hundred thousand dollars, and I was very care- 
ful in the matter, and required the bidders to fill certain conditions in 
making their bids. This bid of Wood & Co., which was the lowest bid, 
(8--iJ,0(J0,) was informal in that matter — in the matter difficult to explain 
to you unless I should show you the l)id. The next bid, as I say, was 
no bitl ; that is, it was not signed, and I threw it out. 

Q. Under the advice of the Attorney-General you re-adverti.sed ? — A. 
Under the advice of the Attorney General, that 1 could not accept the 
lowest bid, which ] trie<lto convince him 1 ought to do, 1 re-advertised, 
and he decided that I could not accei)t the lowest bid. 

i). Because of these erasures .' — A. On account of these erasures. 
Bather than go on and give the award to the second oi- third i)erson upon 
the list, 1 sought his opinion, as 1 say, and he decided ag;iinst me, and 
1 then re-advertised. He gave an opinion, the first one that was given, 
1 believe, of that kind, that 1 could not waive my own regidations iu re- 



1760 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

gard to bids, aud the opiuiou cost the District of Columbia about 
$00,000. 

Q. Yon re-advertised ? — A. I re-advertised ; yes, sir. 

Q. Did Wood & Co. bid the second time ? — A. I do not think they 
did. 

Q. You think they did not ? — A. I think they did not, sir. I have the 
abstract here, and will see in a moment. I have not seen these papers 
for a coui)le of years, and my memory is not complete. [After referring 
to a document.] Y^es, they bid a second time. 

Q. What was the difference between their first and second bid "? — A. 
I think it was about $50,000. 

Q. Were they the lowest bidders under your second advertisement "? — 
A. jSTo, sir. 

Q. Who was the lowest? — A. Jesse W. Starr & Sons of Camden, 
New Jersey. 

Q. To whom did you allot the bid ? — A. I allotted the bid to the low- 
est bidder on the second opening. That was that firm. 

Q. What was the difference between the bid of that firm and the bid 
of Wood & Co, under the first advertisement '''. — A. About $00,000. As 
I say, this decision of the Attornev-General cost the District of Colum- 
bia $00,000. 

Q. The only objection to the first bid was that it was a little obscure? — 
A. The bid of Wood & Co.; yes, sir. It was difficult to understand the 
meaning of it. 

Mr. Mattingly. The opinion of the Attorney-General is in the record; 
it was read here by Governor Cooke. 

The Witness. I have that bid of Wood & Co., if yon would like to 
see it. 

By Mr. STEWART : 
Q. Have you the original? — A. I have a copy, aud I perhaps may 
have the original here. I have a copj^ here, sir. 

Q. That has the erasures that were on the original ? — A. Y'es, sir. 

By Mr. Hamilton: 
Q. Did you say that you had the original bid ? — A. I think I have. 
Y'es, sir; it is here. [Witness jn-oduces it.j It is as follows : 

Proposals for pipes and special eastiugs. 

Philadelphia, 8, 15, 71. 
To Major George H. Elliot, 

Corps of Engineers, U. S. A., Chief Engyieer of the Washington Aqueduct : 
Having carefully examined the annexed specifications aud form of contract and the 
plans, we will contract to furnish all the pipes and special castings, of the dimensions, 
in the manner, aud on the conditions required, for all [«] (or less number) of the divi- 
sions mentioned below, that may be assigned to us, upon the following terms, aud we 
will deliver 3G-inch pipes and special castings for each of the [a] divisions, com- 
mencing on September 5, 1871. 

Beseri'oir division. 

For all the straight 86-inch pipes and special castings required, as follows : 

36-inch straight pipes, per pound, [&] 
Special castings, per pound, 

Georgetown division. 

For all the straight 3G-inch pipes and special castings required, as follows : 

36-inch straight pipes, per pouud. 
Special castings, per pound, 



TESTIMONY OF GEORGE H. ELLIOT. 17G1 

Jf'csi jrashingfon dirixioii. 

For all the straight 36-inch pipes and special castings recpiired, as follows : 

36-inch straight pipes, per ponnd, two and forty-tive hundiedths cents, (2.4r)c.) 
Special castings, per pound, five cents, (5c.) 

East TVaskington divmon. 

For all the straight pipes and special castings required, as follows : 

36-inch straight pipes, per ponnd, two and forty-five hundredths cents, (2.45c.) 

Special eastings, per ixinnd, tivf cents, (5c.,) and do hereby agree to enter into 

such bonds for the faithful performance of the propost'd contract as may be required. 
(Signed) RICHARD WOOD. [seal.] 

(Signed) EDWARD R. WOOD, [skal.] 

(Signed) GEORGE WOOD. [skal.] 

(Sicrued) RANDOLPH WOOD, [skal.] 

(Signed) WALTER WOOD. [skvl.] 

(Signed) E. D. WOOD & CO. [seal.] 

Residing at Philadelphia. 

[a a] — The bidder will here fill in the number of the divisions he will undertake. [&1— Trices must 
be ■vvritU'ii aa well as expressed iu figures. 

Bond* 

Know all men by these presents, that we, Richard Wood, Edw. R. Wood, Geo. Wood, 
Randolph Wood, & Walter Wood, trading,nnder the name of R. D. Wood & Co., and 
Geo. R. Wood & Caleb H. Malin, citizens of Philada., are held firmly bound unto the 
District of C(dumbia in tlie full and just sura of five thousand ($5,000) dollars, lawful 
money of the United States, to be paid to the said District of Columbia, or to its proper 
agent or attorney duly authorized to receive tlic same, as liquidated damages; to 
which payment, well and truly to be made and done, we bind ourselves and every of 
us, our and every of our heirs, executors, and administrators, iu the wlioie, and for the 
whole, jointly and severally, firmly by these presents, sealed with our seals and 
dated this 12th day of August, anno Domini one thousand eight hundred and seventy- 
one. 

The condition of the above obligation is such, that if Caleb H. Malin and Geo. R. 
Wood, and Riciiard Wood, Edw. R. Wood, Geo. Wood. R ludolph Wood, & Walter 
Wood, doing business under tiienauKiaud style of R. D. Woi)d & Co., their heirs exec- 
utors, and administrators, do, and shall well and truly, witiiiii ten days after notice of 
the acceptance of their bid, eiit(!r into contract for making and delivering iu accord- 
ance with the terms of tlieir bid, dated August 15, H7l, conforuiing in all respects to 
the advertisement dated July 24, 1871, calling for propos.als, the same being hereto 
annexed, tiien the foregoing obligation to be void and of non-etfect; otherwise to re- 
main in full force and virtue in law. 

RANDOLPH WOOD, [seal.] 

(for R. C. Wood.) 
CALEB H. MALIN, [seal.] 

GEORGE R. WOOD. [seal.] 

Signed, sealed, and delivered in presence of — 
Witnesses : 
J. P. DELANEY. [2o-cent reveune stamp.] 

Bondsmen^s oaths. 

State of Pexssylvaxlv, \ 
County ok Philadelphia, )^' 

George R. Wood, being duly sworn, deposes and says that he resides in the city ojt 

Piiiladelphia, in the State of Pennsylvania; tiiat ho is a -; and that the valiieof 

his ]>roperty, over and above all debts and liabilities incurred by him, is over ten 
thousand ($10,0(10) dollars, and tliat lie is fully responsible for the amount of his obliga- 
tion in the foregoing bond by him executed. 

GEO. R. WOOD. 
Sworn and subscribed this 12th day of August, 1871, before me. 

[Alderm.vn's skal.J J. P. DELANEY, 

.1 Idcrman. 

* This bond must uccoiuimny each bid, and be signed by tho bidder and two ooiupeleut auretioa. 
Ill DOT 



1762 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

State of Pennsylvania, ? ^^ . 
County of Philadelphia, ^ 

Caleb H. Maliii, beinjf duly sworn, deposes and says that be resides iu tbe city of 

Pbihideli)bia, in tbe State of Pennsylvania ; tbat be is a ; and that the value of 

his property, over and above all debts and liabilities incurred by him, is over ten thou- 
sand (|10,00U) dollars, and tbat be is fully responsible for the amount of his obligation 
iu the foregoiu"- bond by him executed. 

CALEB H. MALIN. 
Sworn and subscribed this 12tb day of August, 1671, before nie. 

[Alderman's seal.] ' J. P. DELANEY, 

Aldennan. 

The whole of this matter is explaiuetl in a letter to the Chief of En- 
gineers, General Hiiuiphreys, and, if you will allow me, I will submit 
that as a part of my testimony. 

By Mr. Stewart : 

Q. You reported this to General Humphreys for advice'? — A. Yes, sir. 
The statement is made in this paper, which contains all the explanations 
and details of both bids — Evans's and Wood's — and the contest between 
Starr and Wood to get the bid. 

Q. That is the document submitted to the Attorney-General upon 
which he rendered his opinion ? — A. Yes, sir. It reads as follows : 

Office of the Washington Aqueduct, 
Waahiuyton, D. C, August 18, 1871. 
Brig. Gen. A. A. Humpiiueys, 

Cluef of Enghteers, U. S. A., Waslibujton , D. C. : 

General: Under an act of Congress, approved by the President July 14, 1H70, the 
chief engineer of tbe Washington Aqueduct was directed to lay a 36-inch pipe for an 
increased supply of water to the District of Columbia at tbe expense of the cities of 
Washington and Georgetown ; and by an act of tbe legislature of the District of Co- 
lumbia, appi'oved by the governor July 20, 1871,. an appropriation was made therefor, 
and I was authorized, in connection with tbe governor, to contract for and lay said pipe. 
Please find below extracts from tbe two laws referred to. 

It is also expressly agreed that this contract is subject to the following exti'acts from 
laws of Congress : 

" Sec. 6. And be it further enacted, That whenever it shall become necessary to lay 
main pipes for the supply to the cities of Georgetown and Washington, the cost of 
the same shall be paid by the said cities, and the engineer aforesaid is hereby prohibited 
from making any contracts for the same, unless approved b}' tbe corporations aforesaid, 
and expressly stipulated with the contractor or contractors that the payment for the 
same is to be made by the said corporations." 

Approved by the President March 3, 1859. 

" Sec 4. And be it further enacted, That the said engineer officer shall cause to be fur- 
nished and laid from the distributing reservoir of the Washington Aqueduct to Capitol 
Hill, in the city of Washington, along such route as he shall determine, an iron main 
of 36 inches in diameter, connected with the present mains at such points as be shall 
direct, and that tbe entire cost thereof shall be borne apportiouately by the Corpora- 
tions of Washington and Georgetown ; and, in order to provide for such cost, the said 
corporations are hereby empowered and authorized to increase tbe present water-rates 
and water-taxes to such an amount as may by them be deemed necessary. 

"Sec 5. And be it further enacted, That for tbe purpose of enabling tbe corporations 
aforesaid to carry out the provisions of this act it shall be competent for them to bor- 
row, in such proportions as they may deem necessary, a sum of money not exceeding 
two hundred and sixty thousand dollars for the city of Washington and forty thousand 
dollars for the city of Georgetown, redeemable within a period of ten years out of any 
revenue to be derived from water-rents." 

Approved by the President July 14, 1870. 

By the authority contained in the above, I advertised on the 24th ultimo for tbe 
making, transi)ortation, and delivery of 9,000,000 pounds of 36-inch pipes and si)ecial 
castings, and bids were opened on the loth instant. Tbe lowest bidder, by .$20,000, 
■was R. D. Wood & Co., of Philadelphia, Pa., but, as they did not comply iu their pro- 
posal with my instructions to bidders, (sec l)elow,) the (juestiou has arisen whether, if 
I waive the informality and want of compliance on the part of Wood &. Co. with these 
instructions to bidders, the next lowest bidders can legally interfere to prevent my 



TESTIMONY OF GEORGE II. ELLIOT. 1763 

awardiiiii; the contract to the former, or have valid jjrouiidson which to have a suit for 
daiiiaj;cs cither a<;aiiist the District of Cohiiiibia or myself. 

The instructions to bidders and a copy of Wood &, Co.'s bid are as follows: 

IXSTRrCTIONS TO BIDDEUS. 

No bid will be considered whicii is in>t on the printed form and which does not com- 
])ly with the following directions : 

Each bidder for \)\]ies and special castinj^s ninst lill in all the blanks in the form of 
l)roposal : he will aflix prices for the straijjfht pii)e and special castings for all of tin 
dirisioiis, and will state hotr manji of the dirinious will be nndertaken by him at the 
prices stated, and the time of commencement of deliv(?ry. If the bid is for stoit-cocks 
only, the liidder mnst attixa price for each size designated in the form of proposal, and 
indorse the envelope, " I'ro2)osalf< forntop-cocks." 

No bid will be considered unless the annexed printed bond, in the sum of $5,000, is 
tilled in and signed by the bidder and two competent sureties; and each surety must 
qualify on the printed form before a proper legal f)tliict!r. 

Where a liidder otters to furnish jiipes for more than one division, the engineer will 
have the right to assign to him all of tiie divisions lu^ bids for, or a less number, as may 
be deemed by the engineer best for the interest of the District of Columbia. 

The District of Columbia being in urgent need of an increased water-supplj', the 
time of commencement of delivering, to be stated iu each bid, will be considered, as 
well as the i)rices and securiti(^s. 

Bids by ineinporated comi)anies must be attested by their official seal. All signa- 
tures of bidders and sui'eties mnst have atiflxed to them seals of wax or wafer. 

The resi<lence of sureties and witnesses must be given. 

A tweiity-five-cent internal-revenue stamp must be attixed to the boud, and canceled 
by the initials of one of the signers of the boud, with the date of signing on the stamp. 

COPY OF BID OF R. D. WOOD & CO. 

Proposals for pipes and special castings. 

Philadelphia, Eighthnouih 15, 1871. 
To Maj. Geohof, H. Elliot, 

Corps of Engineers, V. S. A., Chief Engineer of the ir((shington Aqueduct : 
Having carefully examined the annexed specifications and form of contract and the 
plans, will contract to furnish all the pipes ami special castings, of the dimen- 
sions, in the mauner, and on the conditions required, lor any [all] [a] (or less number) 
of the divisions nn;ntioued below, that may be assigned to us, upon the following 

terms, and we will deliver :i(>inch pipes and special castings for each of the [«] 

divisions commencing ou September 5, 1871. 

Reservoir division. 

For all the straight 36-inch pipes aud special castings required, as follows : 
36-iuch straight pipes, per pound, [ft] 
Si)ecial castings, per pound, 

Gcorgeloicn division. 

For all the straight 36-inch pipes aud special casting required, as follows : 
36-inch straight pipes, per pound. 
Special castings, per pound, 

Wc«t Washington division. 

For all the straight 36-inch pipes and special castings required, as follows: 
36-inch straight pipes, per pound, two and forty-live iiundredths cents, {2.A'yc.) 
Special castings, per pound, live cents, (iic.) 

East Washington division. 

For all the straight pipes and special castings required, as follows: 

36-inch straight pijies, per pound, two ami forty-live hundredths cents, (S.^oc.) 

Special castings, per pound, five cents, and do hereby agree to enter into such 

bonds for the faitiiful performance of the i)roposed contract as may be required. 

KlCIIAb'D WOOD, [sKAi..] 
KDWAIM) \l. WOOD, [seal.] 

GK()i,'(;i: WOOD, L'^i"-M-] 

RANDOLPH WOOD, [seal.] 

WALTER WOOD. [seal.] 

Residing at Philadelphia. 

(Signed) R. p WOOD A: CO. 

fa a I Till' l)itl(1<'r will lirre fill in tlio nniiibr-r nf the divisions lie will iiiidertakr. 

[b\ I'ricci iiiiiHt l)(!\viiiten aa well aa expressed Lu tlgurea. 



1764: AFFAIRS IN THE DISTRICT OF COLUMBIA. 

No\Y the informality in the bid of Wood & Co. consists in this : Being required to 
affix i>rices to all the amounts of straight pipe and special castings required for all of 
the divisions, and to state how jnauy of the divisions they would undertake, they first 
stated that they would undertake all of the four divisions, (or such less number as I 
might deem best for the interest of the District of Columbia,) and they affixed prices 
to all of the divisions, (being the same price for all,) but through, as they state, a mis- 
conception of the " Instructions to bidders," in the haste of making out their bid at 
the last moment, they crossed out the prices attached to the quantities required for 
two of the divisions, leaving the prices of the otiier two. They state that it was 
their intention, at the moment of siguiug, to have crossed out the prices attached to 
the third division also, leaving the prices attached to the fourth division to indicate 
the prices for the four divisions which they bid for. 

I will further state that there is but one bid wliich complies with all the " Instrnc- 
tlons to V)idders," and it would seem to me that if Wood & Co.'s bid is not valid, neither 
are the following : 

William Smith : no revenue-stamp on bonds. 

Bryan, Dillingham «fe Co.: no seals to signatures to bid. • 

A. P. Brown, for Harper's Ferry Water-power and Manufacturing Company: no seal 
of incorporated company ; residence of witnesses to bond not given. 

N. G. Morris : residence of witnesses to bond not given. 

I would further call attention to the following extract from my circular " To pipe- 
founders," inviting proposals for this pipe : 

'' The engineer also expressly reserves the right to reject any or all bids, should he 
deem it for the interest of the District of Columbia so to do. 

" GEORGE H. ELLIOT, 
"Major of Enfj'ineers, U. S. A., Chief Engineer Washington Aqueduct.''^ 

Also to the following extract from the law of the District of Columbia making ap- 
propriations for this pipe, and authorizing me to enter into contract with the lowest 
responsible bidder : 

" Skc. 12. And he it further enacted, That the engineer afor said be, and he is hereby, 
authorized and requested to invite proposals, by circulars and newspaper publications, 
from manufacturers of iron pipes in New York, Philadelphia, Baltimore, Pittsburgh, 
and Washington, for supplying the pipe, branches, and stop-valves necessary for the 
new mains herein authorized, and also to invite proposals, by public advertisements in 
at least two newspapers in tiie city of Washington, for the hauling, excavation, and 
other worknecessary to complete tde laying of the said nuxius, and that the contracts for 
supplying the said pipe aud the laying theref shall, in all cases, be given to the lowest 
responsible bidders, upon the execution and delivery by them of good and sufficient 
bonds, with surety, to an amount of at least twenty per centum of the contract, tor the 
prompt and faithful performance of all of its obligations ; and no money shall be paid 
on account of any contract for materials or work herein authorized, except upon the 
ajiproval and order of the engineer of the Washington Aqueduct." 

Wood & Co. claim that it was their intention to bid, and that they did l)id for all of 
the divisions, at the rate of 2-i^y% cents per pound for pipes and f) cents per pound for special 
castings, and they claim the contract. I am inclined to waive the informality of their 
bid, (believing that I have a right to waive a want of compliance with my own regu- 
lations,) especially as they are, as I believe, an eminently i-esponsihle aud reliable tirm, 
who will guarantee to have this very large amount of pipe (4,500 tons) delivered 
before the next session of Congress, which is very much to be desired ; and, further, 
because their bid ($225,779.84) is the lowest by .$20,000. 

I am not aware of the rights of bidders under the " instructions to bidders," and do 
not know that the question has been legally decided, and as I am an officer of the 
Army carrying out a special act of Congress, (which differs from other special acts which 
regulate my duties only in the fact that the payment for the pipe is to be by the 
District of Columbia, and not by the United States,) I have to request that I may have 
the advice of the legal adviser of the War Department, whether, iu view of my " in- 
structions to bidders," the extract from my circular herewith, aiul the extract from the 
law of the District of Columbia, if I award the contract to Wood & Co., or to any other 
of the bidders wbo did not comply with the " instruction to bidders," the next lowest, 
or any others of the bidders, can legally interfere to delay it, or can have valid ground 
on which to base a suit for damages, either against the District of Columbia or myself. 

I inclose herewith the printed blank form of contract and the specifications, which 
contain the "circular "aud "instructions to bidders ;" also the laws of Congress on the 
subject of the new main. (See printed form of contract, &.C., pp. 16 and 17, or Major 
Elliot's printed report for 1771, p. 15.) 

I also inclose a copy of the law of the District of Columbia. (See Major Elliot's 
printed report, pp. 20 and 21.) Copies of these i^apers were sent to each of the bidders. 
An early reply is respectfully requested, by 
Your obedient servant, 

GEORGE H. ELLIOT, 

Major of Fyngineers. 



TESTIMONY OF GEORGE H. ELLIOT. 1765 

[First inrtorsenieut.) 

Oi KICK or CniKF ok Exoinekrs, 

Aiujunt 11), 1M71. 

Kespectfiilly subiuitted to tlu' honorablo Secretary of War, with tlie rccoiiiinouda- 
tiou tbat the question raised with tlie within papers by iNIa.jor (}. 11. Elliot, concerning 
the letting of the contracts for the ^O-inch main for the Washington Aqueduct, may be 
referred for opinion to tiie Department of Justice. 

A. A. HUMPHREYS, 
Brigadicr-dciieral and Chief of Eiujincers. 



Ol'FICK of TIIK ^V.VSHrXGTO^' AfiUEDX'CT, 

JfashiiigtoH, J). C, August ^'i, 1871. 

In the matter of acceptance of informal bids. 

1. The practice has been to waive iiitbnuallty in the lowest bid, if the bidder is will- 
ing to adiiere to his bid, enter into contract, and furnish the necessary security. 

•2. In practice, not one bid in ten is strictly formal, i. e., tills all of the re(|uirement8 
of the advertisement or the circular, inviting proposals; e. g., of all the bids f(jr pipe, 
tliere was only one which complied with the " notice to bidders ;" some omitted one 
thing, some another. Want of education is frequently the cause of irregularity in bona- 
fidc bids by competent bidders. 

3. If the'rule should be that informal bids must be thrown out, and that the Govern- 
ment agent cannot waive his own reguhitions and accept the lowest responsible bona- 
Jidc bid, it will, whenever it docs operate at all, work injury to the Government. A 
general example of this injury is the case under consideration. The rule would make 
it necessary to weigh the value of time against money. The difference between the 
lowest and the next lowest and entirely formal bid in the present case, is about 
.S"28,U00 ; rejection of all the bids and re-advertisement would involve the loss of much 
time; and time in this case is important. Such a rule in the present case, then, would 
make it necessary either to pay the |i28,000 additional for the work or to suffer the 
di'lay. 

4. The rule would never be brought to bear except against the lowest bid. If the 
lowest bid is entirely formal, there would be no question of its acceptance. 

Respectfully submitted. 

GEORGE H. ELLIOT, 

Major of Engineers. 

I contended that I ought to be able to waive formalities where the 
waiving would be in favor of tlie United States. The Attorney Gen- 
eral decided against it. 1 would like to have that printed, in justice to 
myself, and to Governor Cooke also, as showing the basis of my action, 
as I suppose he was governed by my advice to some extent. 

By Mr. Stewart : 

Q. Was a coi)y of this original bid in that letter of General Hum- 
l)hreys ? — A. A copy was submitted with that letter, and the committee 
now have a similar copy. The governor, as I understand, was associated 
with me simply as the financial agent of the District of Cohimbia. He 
was not associated at all by act of Congress nnder which 1 laid the i)ipe, 
but by the acts of the District of Columbia, which were supplemental 
to the act of Congress. 

Q. Was the publication in your own name ? — A. Yes, sir ; but the 
governor signed the contract. 

Q. And when this bid came in you declined to let it without taking 
advice? — A. O, certainly. I have here also a copy of my letter to the 
governor making the same abstract that is contained in the letter to 
General Humphreys. 

Q. You sul)mitted the question to the governor and to General Hum- 
phreys both ' — A, Yes, sir; and the governor snbmitt<'d the (inestion 
to his legal adviser; that is, Mr. Cook, the attorney of the District of 
Columbia. 



11 GG AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did be make a decision ? — A. He made a decision also, sir. 

Q. Which way did he decide ? — A. He decide<l the same way as the 
Attorney-General ; and the Attorney-General had before him at the time 
of his decision the decision of the attorney of the District of Columbia. 

By Mr. Jewett : 
Q. The Attorney-General had that of the District attorney ? — A. Yes, 
sir. 
Q. The District attorney made his first 1 — A. Yes, sir. 

By Mr. STEWART : 

Q. When you made these informal bids, then, I understand you, you 
addressed Governor Cooke and your superior officer, General Hum- 
phreys? — A. Yes, sir. 

Q. To take their views as to what you ought to do ? — A. Yes, sir. 

Q. The governor submitted this to the District attorney, and General 
Humphreys submitted it to the Attorney-General ? — A. Yes, sir. 

Q. Then you got these legal opinions, and acted according to the re- 
advertisement ? — A. Yes, sir. There was a great contest in the matter. 
I do not remember Mr. Evans at all, but he was one of those who sub- 
mitted papers. I have no doubt that tiie bid was in good faith ; but not 
being signed, I considered it no bid at all; because bids much less in- 
formal than that are a cause of a great deal of trouble to Govern- 
ment officers who make contracts. They take advantage of the infor- 
mality which they make themselves. 

The bid being thrown out, the contest came between Starr and Wood. 
Starr claimed the award under his contract, and Mr. Wood claimed that 
award under his bid. Starr claimed it on account of informality, and 
there was a strong indication that Mr. Starr would commence an injunc- 
tion suit if r should make the award to Wood — making- an injunction 
against the District of Columbia on account of the stringency of the 
condition. The city was very much in want of water; they had been 
for a long time without water on Capitol Hill and the higher parts of 
the city. It was very necessary to get the pipe in without delay, and I 
wanted to avoid that legal contest, if possil^le. 

By Mr. Stewart : 
Q. Hence you took this advice? — A. Yes, sir. 

By Mr. Mattingly : 
Q. Do you remember whether, between the first and second bidding, 
there was a material advance in the cost of iron ? — A. Iron advanced 
during that time, but how rapidly or how great the advance was I do 
not know. My remembrance of it is that it was advancing rapidly at 
that time. 

By Mr. Christy : 

Q. The District government likewise passed an act upon this same 
subject, and I will call your attention to this part of section 9, appear- 
ing in the i)rinted testimon}', page 1400 : 

That the United States euftiueer iu charge of the Washington Aqnertnct be, and is 
hereby, anthoiized and euipiiwered, in conjunction with the governor of the District 
of CoUinibia, to enter into contract for the laying of the 3G-inch cast-iron main men- 
tioned in the hrst section of tliis act, and to adopt the following ronte for the same. 

So that you were to act in conjunction with the governor in making 
the contract? — A. Yes, sir. 

Q. The subsequent history I understand to be this : that you pro- 
nounced the bid of Wood '& Company, of Philadelphia, as void for 
uncertainty f — A. Yes, sir — no, I misunderstood you, sir. 



TESTIMONY OF GEORGE 'H. ELLIOT. 17G7 

Q. Tbese are not your exact words, but I understood you to say, that 
in your judgment the infornuility of that bid, of course, released you 
from any obli,i;atioii to accept it ? — A. No, sir ; on the contrary, I 
chiiiued that I shouhl accejjt it, and I made the argnunent to the Attor- 
ney-General that I ought to be able to accept it — that lowest bid of 
Wood & Co. 

Q. That was the (piestion tliat you first submitted to the attorney of 
the District of Coluuibia, (United States"?) — A. Yes, sir; precisely. 

Q. And he pronounced against you ? — A. Yes, sir. 

Q. ])idyou likewise submit to the attorney of the District of Columbia 
the papers submitted by Thomas Evans? — A. No, sir. 

Q. That, then, was not a matter of discnssion between you ? — A. Not 
at all, sir. 

Q. You were not advised that the following langnage in the bond 
which was attached to the various bids here, " Proposals for pipes and 
S{)ecial castings," and " Proposals for stop cocks," would have made it a 
sufficient bid f — A. No, sir. 

Q. I will call your attention to the language whi(;h appears in the 
bond. The bond is executed by Thomas Evans and Edward ITaiilcy 
and William Bradley; and the coiidition of the bond is that '' Thomas 
Evans, his heirs, executors, and administrators, do, aiul shall well and 
truly, within ten days after notice of the acceptance of his bid, enter into 
contract for making and delivering pipes, stoi)-cocks, and special cast- 
ings, in accordance with the terms of his bid, dated August 15, 1871, 
conforming in all respects to the advertisement datedL*4th Jul}-, 1S71, call- 
ing* for i)roposals, the same being hereto annexed." Were those papers 
submitted to you together in this form, do you remember, so that they 
could all be read together'? — A. No, sir ; they were submitted in the 
form of blanks printed into a book which contained the specifications. 

Q. These are the original papers, I believe ? [indicating.] — A. l"es, 
sir. 

Q. Of course your attention was called to this bond ! — A. Y'es, sir. 

Q. And also to the afiidavits of the bondsmen ? — A. Precisely. 

Q. And of coarse they were all considered together? — A. Yes, sir. 
But allow me to call your attention to the fact that the bid is not 
signed. 

Q. That is true. I am not discussing now the formality or informal- 
ity of the bids themselves. 1 am speaking now of the bond and of the 
oaths of the bondsmen, as to their sufficiency, and the recital in the 
bond, which of course would enable any one to ascertain the bids to 
Avhich they related. — A. O, precisely. There is no doul)t of that, sir. 

Q. You know, of course, that this bond related to the papers accom- 
panyiug, is not sigued by Thomas Evans? — A. Yes, sir; but I wish to 
call attention is the fact that Wood & Co.'s pai)ers also had bonds 
Avhich were in perfect shape. The informality there was a small one, 
('omi>ared with this oiu' ; this one was I'atal to the bid, in my opinion, 
an<l the Attorney-Cieneral decided that that was an inliuinality which 
could not be accepted where the bonds were perfect, and it applied 
more strongly to this case. 

Q. Thru the result of the advice of tlie attorney of the District and 
Attorney-General was the increased cost to the District? — A. There is 
no doubt of that— 8<)0,(HM). 

Q. Are you not aware of the fact that Thomas Evans appeared before 
Governor Cooke, and then ottered to sign his name to these proi»osals? — 
A. No, sir. 

Q. And to make any condition that might be required ? — A. No, sir. 



1768 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

I have uo remembrance of Thomas Ev aus M'hatever. I do not remember 
ever to have seen him. 

Q. Ami if such oifer were made, it was not made in your presence I — 
A. No, sir; I have not the slightest remeujbrance of meeting him at all. 
1 have no doubt he did go to my office and I saw him, but I cannot re- 
member it. 

Q. Are you able to state the cost of the laying of this main ! — A. 
No, sir. I made the award for the laying of it, but I did not bring the 
papers in that case. 

Q. It was laid under the direction of General Babcock ! — A. Yes, sir. 

Q. It cost the District government, I think, something over half a 
million dollars, did it not? — A. Very likely, sir; I do not remember. 

Q. The entire cost was paid by the government of the District of 
Columbia ? — A. I presume so, sir. I was relieved from the Washington 
Aqueduct when I went on duty to California. 

By Mr. Stanton : 

On page 1124 I lind a statement by Mr. Evans, expressing a belief 
in the existence of a ring which controlled the letting of that contract, 
and he expressed the belief that if he had belonged to the ring he would 
have got the job. Did you then, or do you now, know anything- of the 
existence of a ring which controlled or attempted to control the letting 
of that contract ! — A. No, sir ; as far as I can remember, nobody ever 
mentioned it, and I had no communication with anybody in regard to 
that contract, except Governor Cooke, with myself and the Attorney- 
General, whom I tried to convince, as I have stated. 

Q. Mr. Akerman was Attorney-General at that time? — A. Yes, sir. 

J. C. Lay recalled. 

By Mr. Mattingly : 

Question. Mr. Thomas Evans, in his testimony, has collated from the 
reports of the board some instances in which the board has bought 
sewer pipe at 55 cents a foot, and charged it to contractors at 88 cents. 
Explain that matter to the committee, if you please. — Answer. We had 
a regular list of prices established by the board ; the cost prices of the 
pipe. The six-inch was so much, the ten-inch was so much, according 
to the regular list. I believe the price-list had been printed already. 
This pi[)e was charged in the bill. We will take twelve-inch pipe, for 
instance. It was charged in the bill at 88 cents ; that is, it went to the 
cost of the street at 88 cents. The pipe that was furnished to the con- 
tractor on that same bill was deducted from him at 65 cents, the board 
])rice for the pipe. The street was charged for it at 88 cents. The con- 
tractor was never charged anything but the price of the pipe. 

By Mr. Merrick : 
Q. The street was charged a higher price than the contractor ? — A. 
Yon misunderstand me, sir. For instance, if you will get a measure- 
ment, we will say 500 feet of twelve inch pit)e, at 88 cents a foot. That 
88 cents includes the furnishing and the laying of that pipe. We fur- 
nished the pipe to the contractor, and we deducted that 500 feet from 
the total of that bill, at 05 cents a foot, allowing him 23 cents for laying 
the pipe. 

By Mr. Mattingly : 
Q. And the difierence, then, was the amount allowed him for laying 
the pipe? — A. Yes, sir; the 23 cents was the amount allowed to the 



TESTIMONY OF B. OERTLY 17G9 

contractor. The improvement, of course, was cliarffert for tlie laying" 
anil the furnishing both, which was 88 cents. Do I make it i)laiu ? 
31r. Chkistv. O, yes; I think so. 

By Mr. Merrick : 

Q. T see here now, for example, something that does not correspond 
exactly with your explanation. On table 20, in the report of 1872, for 
]) street nortli, between Sixth and Eleventh streets, Scotxjh-tile pipe, 
twelve inch, at 80 cents, and immediately below it, "Laying, 23 cents." 
I see "2,042 twelve-inch ]U[)e, 80 cents." Immediately below, " 415 
twelve-inch pipe; laying, 2,> cents;'' and "21(i six-inch pipe; laying, 30 
cents." So that the cost of the i)ipe and the cost of laying seem to be 
made by different items in this schedule. There seems to be a distinc- 
ticMi nuule between laying tlu^. pipe and the cost of pipe, — A. If you will 
notice in the lirst cohimn. under the column of dimensions, you will find 
that that 23 cents is for laying also. 

Q. That is what 1 sa}. I say I tind in jonr tables these charges for 
laying- and for <.'Ost of l)il)e, although you say that the 80 cents cost of 
l)ipe inclndes laying. — A. That does not refer to the same amount of 
l»ipe. AVe furnished and laid 2,040 feet of 12-inch pij)e at 80 cents. 
The other is an item of 41.'> feet of 12-inch pipe, wliicli was laid only. 
The ])ipe was there. It must have been some pipe, probably, that was 
aheady on the ground, that had been furnished or taken from some 
other street. Ue only got paid for the laying of that i)ipe. 

Q. The board supplies all these pipes, I suppose, iu all cases?— A. 
Yes, sir. That might have been a case of only relaying the pipes, for 
laying only ; or it niiglit have been old sewer, for instance, that had 
been taken up there in the course of the improvements, and simi)ly put 
back, relaid. We allowed him for the laying only of the pipe when the 
pipe was alrea<ly there. 1 can explain it more fully if I get the vouch- 
ers in this particular case, but I am confident that that is the proper 
explanation of the fact. The 80 cents would be the price of furnishing 
and laying at that date. That was before January 22, 1872 ; the old 
price-list of 57 cents and the 23 cents made the 80 cents. 

Q. Then, in all the tables where there is no distinct charge for lay- 
ing, the charge for laying is included in what is called the cost price of 
the pipe ? — A. Yes, sir ; the 88 cents means, in all instances, the furnish- 
ing and laying; and in all the vouchers you will find that the pipe has 
been de<lucted from the contractor at the cost price. It is a uniform 
price all the way through. We have never nuide a single distinction. 

(^. Then, when the contract is settle<l for, it is settled for at what ? — 
A. Twenty three cents; but we put it in at 88 cents, iu order that the 
im|)rovenients may be made. 

Q. So that the board of public works may be reimbursed iu that mode 
for the cost of the pipe t — A. Yes, sir. 

13. Oertly recalled. 
By ]Mr. Stanton : 

(). Wiien you left the stand the other day I was about to incpiire of 
you whether the cost of work, as taken from the vouchers, was based 
upon leineasurements of the work ; in other words, whetlier a careful 
r«Mneasur(Mnent (tonstiiuted the basis on which payment was made and 
on which a voucher was issued ? — A. The vouchers are based on very 
careful measurement. 

P>y Mr. Jewett : 
(^. ^Vhen were those measurements made ? — A. They were generally 



1770 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

made after — well, the final measurements ; there were measurements 
made during the course of construction, and then there was invariably 
a final uu^asurement made, very carefully, after the completion of the 
contract. 

Q. That schedule which j^ou made out, and which you presented here 
in evidence, fi,ave the measurement of the work done. What street was 
that — New Hampshire avenue or Pennsylvania avenue? I mean the 
first item on your schedule. — A. I think it was First street west. 

Q. Well, whatever street it was, you professed give the meas- 
urement in that schedule ? — A. Yes, sir. 

Q. You the]i, on the opposite column, gave the amount of payment, 
as by the voucher? — A. Yes, sir. 

Q. In your testimony you said that your measurement was wrong — 
the measurement as evidenced by the paper? — A. Yes, sir; it was an 
ai)proximation. The first measurement against the Government was an 
approximate measurement. 

Q. You were asked distinctly if that street or work was ever again 
measured, and you said no. You answered emphatically that there 
never had been a second measurement. — A. I do not exactly understand 
you. Do you mean the second measurement against the Government ? 
Of course there was a correct measurement when the payment was 
made to the contractor. 

Q. You were asked that question when you were on the stand before, 
and you said that no such measurement had been made. — A. Well, 
then, I certainly must have misunderstood the question. 

Q. Do try and reviv^e your recollection. You were asked," farther, 
whether you had discovered tliat the first measurement was wrong from 
the voucher, or in what way you made the discovery ? — A. No, sir. 

Q. You answered, from' the voucher? — A. What I wanted to convey 
was this : these charges against the Government were approxiniates 
and based on an average price. In that statement which I submitted 
1 gave the actual expenditures made by the board on sewers which are 
clearly chargeable to the United States. 

Q. But then if the first measurement was but an approximate one, 
why, when you presented that statement to this committee, did you 
not give us the correct measurement and not the approximate one, if 
there was a correct one? — A. Well, that is exactly the thing I tried to 
do. I gave you on the second page the correct measurement. 

Q. I asked you then, and I ask you now, to point to anything upon 
that second page indicating any measurement whatever 5 get your sched- 
ule and point it out, if it is there. 

[Witness produces a paper and hands it to Mr. Jewett.] 

Q. Now, your measurement is First street, northwest, from Pennsyl- 
vania avenue to B street, north 750 feet, amounting to -$3,525. On the 
second column it is, from vouchers of G. Follausbee and D. R. Smith, 
900 feet. What is there there evidencing a measurement you liave 
of the number of feet on the second column ? — A. Certainly. 

Q. I asked you where you got that from, and you said from the 
voucher. — A. Well, I suppose it is in the voucher. 

Q. I asked you if you derived that 900 feet from the chart-measure- 
ment, and you said no. — A. It is from the map. 

Q. I am not asking about your map ; I am asking you now under 
oath whether that 900 feet was derived from a measurement? — A. If 
vou mean to say that I went out with a chain, that of course I did not 
do. 

Q. What did you go out with ? — A. I took the voucher, I got the 
I)rice, and the map shows clearly that there is 900 feet there.. 



TESTIMONY OF B. OERTLY, 1771 

Q. Then, wluMi you stated a few moineuts ago that tliis correction 
was iiiade t'loin an actual and accurate UKnisureineut, you stated what 
was not true. Is not that the fact ? — A. To the best of my belief, that 
is accurate. 

i). And your belief is based ui)on the voucher, and the figures you 
found ui)on the voucher ? — A. Certainly. 

Q. And nothing else ? — A. Nothing else. 

By ^Ir. Mattingly : 

Q. Is that voucher based on a measurement? — A. Certainly the 
voucher is based on measurements. 

By Mr. Jewett : 

Q. By whom ? — A. The measurement was first made by the gentle- 
man who has charge of that particular branch, Mr. Bodftsh, and then 
they are gone over by Mr. Barney. 

Q. You do not vary from your answer that neither the chain nor any 
other instrument was applied to that second measurement ? — A. No, sir ; 
not by me. 

By Mr. Stanton : 

Q. When you say that you did not use the chain, do you mean that 
you did not use the chain when you prepared this statement ? — A. That 
is what I mean. 

Q. Were the proper appliances and instruments used when that meas- 
urement was made on which the voucher was based ; were the proper 
instruments used to make a measurement when that measurement was 
made on which the voucher issued f — A. Certaiidy. 

Q. The measurement, then, was carefully and accurately made ? — A. 
Yes, sir. 

Q. And the voucher issued thereon f — A. Yes, sir; exactly. 

Q. And when you came to prepare this statement you took the record 

of a measurement without going out A. To measure it ; that is the 

state of it, sir. 

Q. Xow, when you testified the other day that no re measurement 
was made, did you mean no re-measurement for the preparation of this 
l)articular statement? — A. That is what I meant. 

Q. When you said that this final column was made up from vouchers, 
was each voucher base<l upon a mea.surement made before the voucher 
was issued ? Is each vouclier of this statenient based upon a re-measure- 
ment carefully made of the work t — A. Yes, sir; it is based upon a care- 
ful measurenuMit. 

Q. Please get the vouchers and point out the measurement shown on 
them. — A. There are a great number of them. 

Q. Will you get one as an illustration 'i 

[Witness produces vouchers.] 

V>y Mr. Stanton : 

Q. Have you brought any of the vouchers with you referred to in the 
last column of your statement ? — A. I have, sir. 

(^. Wh< reabouts in the statement do you find them? — A. Mr. Lay has 
just handed tliem to me. 1 do not know exactly where they are stated. 
[Voucher offered in evidence as follows:] 

SEWERS. 

4H9 ffft l-i-iiifh pipe, at 05 cents S:^17 85 

1U^S feet l^-\iu-\i piix-, at .sl.4() '277 20 

3 Icet Iri by l2-iiich pipe, iit §2,40 7 20 



1772 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

21 feet 12 bv 6-inch pipe, at $1.10 $23 10 

7 12 iucb bauds, at |1.80 12 (iO 

2 imn tojis for sewer-traps, at $12 24 00 

1 s'lanite frame for sewer- traps 20 00 

1, 666 K. M. Johnson trap-covers 310 00 

991 95 
Deduct part certificate 430, 1873 248 96 

Washington, D. C, October 27, 1873. 
Board of Public Works, D. C. 

To D. R Smith, Dr. 

873 linear feet 12-uich Scotch tile, and laying, at 88 cents per foot $768 24 

51 linear feet 18-inch Scotch tile, and laying, at $1.62 per foot 82 62 

Irt linear feet 12 by 6 connections, at $1..)8 per foot 24 84 

7 man-holes, 9.8 feet deep, (half-pipe pattern,) $.57.44 each 402 08 

9 receiving basins and traps, (old corporation pattern,) $145.38 each 1,308^42 

9 receiving-basins and traps, (Chase pattern,) $114.58 each 1, 031 22 

7 sewer-drops, $71.25 each 498 75 

980 cubic yards excavation, (made ground,) at 50 cents per yard 490 00 

4,606 17 

Deduct property $991 95 

Deduct certificate 248 96 

1,240 91 

3, 365 26 
Eetaiu 10 cents per foot on 942 feet pipe 94 20 

3,271 06 

I, superintendent for improvement of street, (between 

and streets,) in hereby certify that the work embraced was done 

under the order of the board of public works, in conformity with the contract and 
specifications. 

Superintendent. 
Dated, , 1873. 



I hereby certify that I have measured and inspected the work done by D R. Smith, 
on the improvement of First street northwest, (from Pennsylvania av^enue toFsti'eet,) 

in square , embraced in his bill dated October 27, 1873, which work was done 

viuder the order of the board of public works, (contract No. 384,) and find it correct as 
to quantity and quality, and that the work has been done and material and labor fur- 
nished as per contract and specifications. 

CHAS. E. BARNEY, 

Assistant Engineer. 
Dated October 27, 1873. 

Approved October 27, 1873. 

ADOLF CLUSS, 
Engineer Board of Public Works, in Charge. 

I certify that the foregoing bill is correct in form, and that the prices are according 
to contract, and is therefore audited in the sum of three thousand two hundred and 
seveuty-oue and x{;^ dollars. 

J. C. LAY, 
Auditor Board of Public Works. 
Dated December 10, 1873. 

By Mr. Stanton, (to the witness :) 

Q. Are all the vouchers made out in that same form ? — A. Yes, sir. 

Q. Then, at the bottom in each case, there is a certificate by the engi- 
neer that he has measured and inspected the work so embraced in the 
bill I — A. Yes, sir. 



TESTIMONY OF B. OERTLY. 1773 

Q. And that it is foiuul correct as to (luantity aiul quality. By whom 
were most of the reiiieasuretnents and surveys made? 

The Witness. Do you mean these vouchers ! 

Mr. Stanton. Yes, sir. 

The Witness. I think the origiuals were mostly made by Mr. ]>o(lfish, 
and -Mr. Barney went very carefully over them, and linally they were 
signed by Mr. Cluss, the eny:ineer in char<:;e. 

Q. Most of the certificates, then, are nnide by Mr. Barney ? — A. Yes, sir. 

Q. Xow, in that other statement respecting the work done on the av- 
enue, are the vouchers in the same form there as to the certificate of an 
engineer, respecting the measurement? — A. Yes, sir. 

Q. Your statement there also, then, is based upon the record of a 
measurement by an engineer! — A. It is. 

(,). In respect to the avenue, by whom were most of the measurements 
nuMJe and certificates given ; by what engineer ?— A. That is more than 
I can answer correctly, but 1 think the bulk was made by Mr. Barney. 

By Mr. Stewart : 

Q. Let me understand you. You say that these vouchers were made 
up by actual survey, and certified to by the engineer who made the sur- 
vey ?— A. Yes, sir. 

Q. What di<l you mean when you said that your statement was made on 
no survey ? — A. You will perceive that those vouchers generally cover 
a contract ; of that there will be only one portion due to the Govern- 
ment. 

Q. Oidy a portion due to the Government I — A. Occasionally it may 
be entire, but generally only a portion. 

Q. Then in making up the statement against the Government, where 
did you get your data ; where did you get your facts from which to 
make it '? 

The Witness. Do you mean in this schedule of mine which I handed 
to the committee ? 

Mr. Stewart. Yes, sir. 

The Witness. 1 prepared that from the map, to the best of my knowl- 
edge. 

Q. From the map exclusively ? — A. From the map exclusively, because 
1 think it is fully as correct. 

Q. Did you look at anything else in making uj) your statement, except 
the map f — A. Well, no, sir — and the voucher, of course. 

Q. You did look at the voucher ? — A. To get the cost ; yes, sir. 

Q. You looked at the voucher to get the cost of wliatt — A. To get 
the cost of the Government portion of that sewer. 

Q. You looked at the voucher to see how nuich it was per fi^ot ? — A. 
Exactly so ; per foot. 

Q. Tliat is what you mean ! — A. Yes, sir. 

Q. That is the only i)urpose for which you looked at the voucher ? — 
A. Yes, sir. 

Q. Then you ascertained the number of feet from the map ? — A. Yes, 
sir. 

i). How did you ascertain the number of feet from the map ? — A. By 
scaling. 

Q. Von got the rate per foot — wliat else ; did you get from the vouch- 
ers anything else? — A. No, sir; 1 wanted to get the length due l»y tlic 
Government. I had to ascertain from the map. 

Q. How did you ascertain whether the work liad been done at all or 
not ? — A. In most cases, I think, I knew that the work was done from 



1774 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

})ersonal observation ; but certainly I bad to rely on tlie voucher, and 
tlie voucher never would have been given if it had not been done. 

Q. Then you looked at the voucher to ascertain what the cost per 
foot was, and further to ascertain whether it had been done all along 
in front of a square, for instance ; that is the way you did ? — A. Yes, 
sir ; the voucher generally gives the limits and the location of the work, 
and off that I took what was due by the Government? 

Q. Are you certain that the map was correct; did you ever test it 
enough to know whether the map itself was correct from which you 
made that statement ? — A. O, the map is correct. 

Q. What is the scale of the map that you worked from ? — A. It is not 
this map ; it ougbt to be up here. 

Q. 1 say what is the scale of your map. — A. Two hundred and fifty 
feet to the inch. This one that you see there is 500 feet to the inch, 

Q. It is a larger map than that ? — A. Yes, sir ; twice as large; but I 
wish you to understand me in regard to the scale. 

By Mr. Stewart : 

Q. I would like to, sir. — A. I make that statement to show that the 
approximate price which I had given in the start was not much out of 
the way. I do not give it as a voucher against the Government. 

Q. Can you explain how you ascertain whether your approximate 
price, which you give in making your estimates — how did you compare 
them with the real cost, as you said you did, by the voucher ? Explain 
the process — how you made the comparison. You said that the real 
price exceeded the approximate price about a thousand dollars ou this 
work ; how did you ascertain the comparison f — A. It was by taking all 
the sewers together. We calculated brick-sewer 4 feet, 3 feet 6 inches, 
3 feet, 2 feet inches, and all the large pipe, and also the small sewers. 

Q. Explain how you made the comparison. — A. Just by that table. 
The Government measurement took one price; small, and up to four feet, 
at $4.70. Now, by going over those streets, getting the real cost, and 
footing the total, I find that the total is not much at variance with the 
average price which I had assumed. 

Q. The average price onlv exceeds your estimated price about 
$1,000 ?— A. That is what I think I do show. 

Q. Y^ou examined all these vouchers, did you ? — A. I examined all 
these vouchers, sir. 

Q. And then took the number of feet from the map ? — A. From the 
map. 

By Mr. Hubbell : 
Q. I understand you made a comparative table to show the difference 
between an estimated cost and the real cost ? — A. Yes, sir ; I did it to 
show that my assumption was not very much out of the way. 

By Mr. Jewett : 

Q. Please take that voucher, and state how^ you tested the measure- 
ment by that voucher. — A. What measurement? 

Q. The measurement that you give in your first column. You give 
there a measurement of some 750 feet. Now, state how you tested that 
by that voucher. — A. That is not tested by the voucher; the first meas- 
urement Colonel Samo had made; on the first page of my table I did 
not give the measurement as Colonel Samo, whom I assisted and whom 
Mr. Forsyth assisted, had given it. 

Q. Very well ; now, in the second column you give a different meas- 
urement, How did you find that measurement from that voucher; how 



TESTIMONY OF B. OEKTLY. ' 1775 

(lid you find tliat number of feet of work done was increased, as stated 
in your second eolumn from that voucher '? — A. In this instance it was 
increased. 

Q. 1 say, how did you find it from that voucher ! — A. The vouclier 
itself oives it. 

Q. How (U) you make 000 feet out of tluxt voucher? — A. Eight hun- 
dred and seveiity-tliree feet of 12 inch pipe and .11 feet of 18-inch pipe. 

Q. Does that make 900 l — A. Nine linndred and twenty-four. 

Q. Xow, oo down a little further; how many uu^re feet are there t — 
A. The others do not come in, because they are connections. 

Q. Do you make 900 feet out of that voucher i — A. Nine hundred 
and twenty-four. 

Q. Well, that is not 900 feet, is it ?— A. I would have to look at the 
map in this case. 

Q. Very well ; but we wUl get through with that first. — A. By the 
bye, that is not the vouclier corresponding to the first 000, is it ? This 
i.s D. K. Siuith's. 

Q. D. K. Smith's is the first one ? 

Mr. WiLSu.x. Follausbee .S: Smith, 000 feet. 

JJy :Mr. Jewett : 

Q. Can you make it ? — A. Well, all I can say is, that I kept under the 
mark. 

Q. Then, your statement is not based upon the measurements as cer- 
tified by Mr. IJarney ? — A. Well, yes; but it is not that measurement. 
1 used this voucher to get at a jjiice per linear foot. 

Q. Your second statement, in point of distance, is not based upou 
that voucher ! — A. No, sir. 

Q. Then you took it from the map f — A. Yes, sir. 

Q. The nuip, theu, does not evidence a measurement made after the 
work was done ? — A. No; I would not say that. 

Q. Well, do you not know it does not 1 — A. No ; it is no measure- 
ment. It is as good as a measurement. 

Q. It was not made after the work was done? — A. Y^es, sir; the 
sewers were entered on the map after the work was <lone. 

Q. How entered on the map f Was the scale on the map changed ? — 
A. No, sir ; the scale was not changed. 

Q. Very well. In taking distance from the map you used theorignal 
scale ? — A. I used the original scale. 

Q. So that there was no change made after the work was doiu' ? — A. 
No, sir. 

By .Air. StAjNTON : 
Q. Were the sewers put down on the map after the work was done ? — 
A. Yes, sir; in a few instances we had — they did not come up to the 
comi)leted work. 

By Mr. Bass: 

Q. "Will you look at your schedide again, on jiage 1000. There is an 
item, about the middle of the schedule, on the right-hand of the second 
column, from iJartlett «S: Williams, North Capitol, ITU feet inches, ."jfSii.Oo. 
1 sui)pose that is the voucher which you ha\e for the [)urpose of getting 
your average included in this charge against the Govemmeut as a part of 
the Tiber sewer, is it not t — A. Yes, sir. 

Q. Now, look down a little further. You see another voucher of Bart- 
lett »S: Williams, Tiber, 175 feet, $102.30 ; making UllfMlSAl Is that a 
part of the Tiber sewer? — A. Yes, sir. 



1776 AFFAIRS IN THE DISTINCT OF "COLUMBIA. 

Q. Now, show me where, as against the United States, you have ever 
charged any part of the Tiber sewer at $1.10 a foot ? — A. I think I ex- 
plained the otiier (hiy that in this statement I took in all the sewers. 

Q. But the i)()int is this : You are making a scale, upon which you 
base your testimony, to the effect that your average of .$4.70 was a just 
charge against the LJnited States, and, for the purpose of establishing 
■ that, you i)roduce vouchers which cover the cost of the main sewer, that 
has been charged against the United States at a vastly enhanced price. 
If your scale is worth anything at all, you should include in your second 
column simply those sewers that have been charged against the United 
States at $4.70, should you not f — A. ]Mr. Bass, the result will be the 
same ; because in those cases we charged the exact cost at the time, 
and I again charged them. 

Q. Has the District government ever charged Tiber sewer against the 
United States at $4.70 per linear foot! — A. No, sir; neither do I 
state so. 

Q. I so understood you to state by this schedule, — A. No, sir; this 
schedule includes all the sewers. Perhaps it would ha^^e been clear if 
I had deductetl 

By Mr. Bass ; 

Q. You say that before you commenced to make out vouchers against 
the United States Government, you made an estimate, upon which you 
concluded that an 18-inch sewer was the average sized sewer, and 
that the average cost per linear foot, chargeable against the United 
States, would be $4.70 f— A. Yes, sir. 

Q. And that, therefore, you concluded it would be fair, as against the 
Government, to charge it, regardless of the actual cost of the sewerage, 
the average price of $4.70 '? — A. Yes, sir. 

Q. If that was so, then you ought to have charged the other sewers, 
and the smaller sewers, at the same price ! — A. Yes, sir. 

Q. Now, then, you seek to prove to us that your average was a fair 
average, by producing this schedule, do you not ? — A. Yes, sir. 

Q. And this schedule, then, should contain the vouchers simply of 
those sewers that were charged at $4.70 ? — A. No, sir. 

Q. Certainly they should. — A. It would have been clearer if I had de- 
ducted the others, but the result would be the same. 

Q. If you did not, those large sewers in both columns, which are 
charged in both columns the same, the footing, of course, will be less? — 
A. Not at all. 

Q. Have you included anything in this first column— is there any- 
thing included in your first column except those sewers, which you 
have, in fact, found charged at $4.70 against the United States ? — A. 
Yes, sir. 

Q. Where?— A. Y'ou will find it on page 1670. 

Q. Will you refer to the pages of the Governor's Answer where there 
is an instance of the first column ?— A. Page 1670. There is Missouri- 
avenue sewer, Governor's Answer, page 429, $21,872.50. 

Q. That is charged against the United States at $13.46 a square foot — 
1,625 feet. — A. Begin on page 456 of the Governor's Answer. It is at the 
bottom of the column. Those two items are all large sewers. 

Q. Now, right in connection with the precise charge, those are both 
charges for the B street intercepting sewer ? — A. Yes, sir. 

Q. Now, in the first instance, you have charged it against the Govern- 
ment at $15.99, and in the second instance at $21.97, being less than it 
is for the same sewer f — A. No, sir. I think that is not clear in the Gov- 



TESTIMONY OF B. OERTLY. 17 77 

ernor's Answer. riulepeiuleDt «»f the increase of cost by the award of 
arbitration, the sewer is of very ditferent size. It varies from 12 feet 
in diameter to G feet, and of course the upper portion, the price of that 
is mucli less than the lower section. Whatever is charged there to the 
Government is the actual cost to the board, excei)t in those cases where 
there is one sixth to be deducted; ami L think the Governor's Answer 
gives it complete. 

Q. Did the board, in the construction of that sewer, pay for it at a 
given amount per linear foot, or did the contract provide for dilferent 
prices for the different sizes of the sewer ?— A. The contract was per 
linear fool, but there was an arbitration in one case. In the dis- 
tance from Seventh to Fifteenth street I think the arbitration increased 
the price. 

Q. Tiiere are three items; any others? — A. Those are the main ones. 
If you take them at both sides, of course the total feet will be less, but 
the bearing will be the same. 

Q. Are those, then, upon the other side of the column of the page the 
oidy three items you have included that should not be there ? — A. I 
thiiik tiun-e are three — may possibly be another one. There is another 
one — Slash Run sewer. 

Q. Slasli Kun sewer t That is on the iirst page ; credit charged up 
at ••^I.'j.lG. — A. That ought to come out also. 

Q. Where is that on the other column ? Where is the amount cor- 
resi)onding to the item of 80,427.70 upon the other side of the column, 
having reference to Slash Itim sewer f — A. Will you let me look at the 
Governors Answer i 

Mr. Bass. Yes, sir. 

A. That item was charged at $4.70 on page 413. 

(^. Where is the reference to it in this schedule ! — A. There are those 
numl)ers of sewers right oi»posite to it. You will tiiul those various 
sewers right opposite to it, there on New ITanipshire avenue. 

Q. There is the item on the Iirst j)age of this sdiednle from vouchers 
of IJartlett & Williams : Tiber, 175 feet, at $102.50 ; 817,037.50. Where 
is the corresponding item on the other side of the schedule i — A. On 
which page'' 

Q. It is page 1609, toward the bottom of the page, fifth or sixth 
item.- A, That never has been charged. 

Q. How is it fair to make up a schedule for the purpose of getting an 
average in which you have included work that has never been charged 
the Government, and, as I understand, which you claim the Government 
should compensate the District for, at the rate of 8102.50 a foot, to in- 
clude that schedule, of course, ibr the purjiose of bringing your average 
up to 84.70 ? — A. It should have been charged at the time, but it had 
been done long ago, but it was overlooked. 

Q. That is an error that should not be in ? — A. No, sir; I think you 
ought to give us that credit. 

Mr. IJass. Yes, sir; but you are asking compensation of the Govern- 
ment for it, not at the rate of 84.70, but you ask compensation at 8103 or 
8102.50. — A. No, sir; I <lo not. I only state it cost us that. 

]\Ir. IjASS. I understand you ask the Government to pay per foot at 
84.70, which you say was the average price ; but you ask the Govern- 
ment to pay for it at the rate of 8102.50 a foot ? — A. No, sir; I did not 
ask the Government to pay for it. I only say that the cost of those 
sewers 

Q. If that is not so, you will look on page 20 of the Report of the T.oard 
of Tublic Works, and you will Uud tliat it is claimed that the United 
112 DOT 



1778 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

States sliould ])iiy for the Tiber sewer, id front of the Government 
Printing-office, $12,000. That must be more than at the rate of $4.70 
a foot ; it cannot be over $1.70 a foot there. 

The Witness. That is not New Jersey avenue. 

Q. No ; it is North Capitol street, is it not ? — A. Yes, sir. 

Q. Yery well ; here is a precise item. If you will look at that item 
on the middle of page 166, from Bartlett & Williams, North Capitol 
street, 172 feet six inches, $83.65. That is the Tiber sewer, is it not ? — 
A. Yes, sir ; but that is not at the printing office. It is the same sewer, but 
it is at the intersection of New Jersey avenue and North Capitol street. 
The other is New Jersey avenue and H. 

Q. Have you ever known any bills to be made out against the United 
States Government for constructing the Tiber sewer at the rate of $4,70 
per linear foot ? — A. Not the Tiber sewer. They ought to have been 
charged in full at the time, but they were overlooked. The sewers were 
all down. 

Q. We will go to another point. Take the governor's answer. 1 want 
to call attention to three or four items that I do not fully comprehend, 
and perhaps you can explain them. In the first place, on page 411, look 
at the charge against the United States as to Connecticut avenue — the 
charge in that voucher. You will notice there is a charge against the 
United States of $172,399.40. Then the United States is credited "De- 
duct amount appropriated January, 1873, at M and Eighteenth streets, 
$10,000." Now, turn to the appropriation of January, 1873, to be found 
on page 438, and you will find that item of Connecticut avenue toward 
the bottom of the pnge, and the amount of that appropriation, instead 
of being $10,000, was $20,780.65.— A. Yes, sir. 

Q. Why should not the whole $20,000 have been deducted, and not 
the $10,000. Why was that ? 

The Witness. Will you allow me to illustrate by means of a diagram ? 

Mr. Bass. Certainly ; any way to show it. 

[The witness proceeds to explain by means of a diagram.] 

Mr. Bass. Let me see if I get your meaning right. You claim that 
the appropriation of January, 1873, of $20,780.65, was to re-imburse the 
board of public works for work which was done on Connecticut averuue, 
and also on the other side of the reservation at M and Eighteenth 
streets; and that you were only required to deduct so much of that 
voucher as applied exclusively to the work on Connecticut avenue side 
of the reservation. 

The Witness. That is correct. 

Mr. Bass. Then, that should apply also to the next item of $6,000, 
and also to another item of $13,000 on the same page, and to the vari- 
ous other items of a similar character running all through that voucher ? 
— A. Yes, sir; in some cases. 

Mr. Wilson. That has been done all over the city. 

Mr. Bass. It is all through this voucher, for I have followed it 
through. 

The Witness. In some cases the deductions are full where they were 
to be full, but, where the streets were concerned, of course only that 
portion due to the respective avenue was deducted. 

By Mr. Bass : 

Q. Now, I call your attention to another case, on page 413, which is 

a little different from that. Look at the one at the bottom of the page 

" on New Y^ork avenue from Ninth to Fifteenth streets, northwest." In 

that item is included different classes of work, amounting to $272,131.80 . 



TESTIMONY OF B. OERTLY. 1779 

au(l it is ou New York avenue from Ninth to Fifteenth streets, and from 
Seventeenth to Eighteenth streets. Why did not you deduct from the 
amount of that voucher the amount of the voucher on page ■14(), which 
represents money paid by the United States to the District government 
for work on New York avenue in the eTanuary approi)riation, New 
York avenue, Thirteenth street, and II street, northwest — first item. It 
covers the same territory ? — A. It is one of those unfortunate head- 
ings. It is really H street. It is not New York avenue. It is that tri- 
auguhir sjjace by Gurley's church. 

Mr. r>ASS. No ; there is a deduction at Gurley's church. 

The Witness. That is deducted. 

Mr. Bass. That is another item. 

The Witness. It is really another item, and it ought to be H street. 
The headiug ouglit to have been H street and New York avenue and 
Thirteenth street, instead of New York avenue. 

Governor Shepherd. We will have Colonel Samo bring up the scale- 
book if you desire. 

Mr. Bass. I wish you would, governor. I do not exactly understand 
this. 

Tlie Chairman. I was out this morning. You may have explained, 
but if you have I would like to have you state it again. You made the 
average in order to ascertain the amount properly chargeable to the 
Government for the cost of sewerage ? — A. Yes, sir. 

Q. In making up that average and estimate did you include the total 
cost of the sewerage ? 

The AViTNEss. How do you mean ? 

Q, You say in this statement here — 

In consequence of the sewers, which ha<l to be measured in January, 1873, being of 
many different sizes, r2-inch, 15-inch, Id-inch, 20-inch, and 24-inch pipe sewers, and 
some l5-fb()t, 3^-foot, and 4-foc)t bricfc sewer.s, (not to speak of the lar^e Tiber sewer, 
B-street intercejjting sewer, Missouri-avciuie and Shish Run sewers,) and all of the 
above of dilferent depths, varying from 9 feet to 20 feet and over, and for the purpose 
of facilitating tue measurements and accounts, an average size of the sewer was 
assumed, and it was thought that the cost of an 18-inch pipe sewer would be nearest 
that average. 

Q. Do you mean to say that you took an average of the cost, or that 
you estimated the total cost of sewerage in making that average; that 
you took into account all the sewers, big and little? — A. Except those 
enormously large sewers, like Tiber Creek sewer, and B-street inter- 
cepting sewer, that we never included at these average jirices. 

Q. Then in making up this average price, you excei)ted the B-street 
intercepting sewer and the Tiber Creek sewer ? — A. Yes, sir. 

Q. Any other sewer f — A. I think the Slash Eun sewer. 

Q. And the average of the balance ? — A. Yes, sir. 

Q. The B-street intercepting sewer, then, you have charged the Gov- 
ernment at the actual cost ? — A. I^xcepting one-sixth of some portions 
of adjoining [)roperty. 

Q. And so of the Tiber and Slash Run sewers ! — A. Yes, sir. 

(^. In mailing up this averagi;, and verifying your account, you did 
take in a portion of the interce[)ting sewer, and also the Tiber sewer, 
didn't you '. — A. I give the credit on both sides. 

Governor Shepherd. Tliere had been some talk of an overcharge of 
sewer-work, and we had a statement prei)ared of what we had icceived 
ou account of the sewers, and what had been expended. This statement 
of it here was intended for that pur[)ose. It is not made with any re- 
gard to an average whatever. I did not know anything about any 



1780 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

average statement whatever of the witness. It was just a statement 
showing whether the Government had been charged more than had been 
paid. 

By the Chairman : 

Q. Did you make up an estimate for the board of public works of the 
amount due by the Goverument to the board, for their last annual 
report of 1873 ? — A. Not all. If you will refer me to any particular 
page I can tell you whether I did or not make the report which appears 
thereon. 

Q. 1 see here an item claimed to be due the board of public works, 
for main sewerage, of $2,540,681.83? — A. I did not make that. 

Q. Do you know who did make it ? — A. Indeed I do not know, unless 
it was Mr. Forsyth. 

Q. Do you know how that was made up? — A. Well, I do not know 
exactly. I really had nothing at all to do with that. 

By Mr. Wilson : • "" 

Q. Before we take a recess I wish to ask you one or two ques- 
tions. Mr. Jewett called your attention to the tirst voucher of the 
first item in this statement that you presented to the committee. Xow, 
I want you to look at the other three, and just tell me from these vouch- 
ers how you get the statement you have made here. Take, first, the 
vouchers of Gallagher. There you give neither the number of feet nor 
the price. — A. You will have to allow me to refer to my minutes. 

Q. You say you made it from the voucher. Can you make that from 
the voucher ? — A. There is in this account one portion to be borne en- 
tirely by the Government, and the other, between First and Second 
streets, one-sixth, is to come out, and that, of course, reduces the 
voucher somewhat ; but I can give you my minutes for it. I think I 
gave $1,453, and the total is $1,592. Between Second and Third streets 
it was to be entirely charged to the Government, but between First and 
Second one-sixth is to come out. 

Q. You have got in there 1,625 cubic yards of excavation. — A. That 
is an element of the sewer; and $1,592 represents the total cost of the 
sewer. 

Q. But here are 738 linear feet, 15 Scotch tiles, and laying at $1.33 ? — 
A. Yes, sir. 

Q. Did not that embrace the excavation ? — A. No, sir ; the excava- 
tion is invariably paid by itself. 

Q. Very well ; but did not the board of public works have a contract 
with a party for just putting down so much sewer? — A. Well, the con- 
tract was to be based on board prices, which was 88 cents for 12-inch 
pipe, exclusive of excavation, and then they paid 40 cents per cubic 
^^ard on excavation and these sundry schedule prices for man-holes and 
traps.- 

Q. Is that the way the contract ran ? — A. Yes, sir. 

Q. Look at the next one, and see what you can make out of that ; 
that is, Brennan and Hutton. — A. That is something similar ; a portion 
of it is entirely due by the Government, and one-sixth otf. 

Q. The voucher itself does not correspond with this. — A. With what? 

Q. With this. — A. Because it could not. These represent the amount 
of work done by the contractor — the amount due him. 

Q. You had to figure these results out of the voucher in some way ? — 
A. Of course. 

Q. That is not explained on the face of the voucher. — A. Of course ; 



TESTIMONY OF B. OERTLY. 1781 

this account is with the contractor, ^Yllat I stated is what is due by 
the Government on that work. 

Q. Then, this table you have presented is simply the result of some 
calculations you have been makinj^", not taken from the vouchers at all? — 
A. I got the cost per linear foot from the voucher, and then I got the 
length chargeable to the (iovernmeut from the map. 

Q. Exactly. Xow, we are connng at it. So that, in your statement 
yesterday that you had taken this from the voucher, you were mis- 
taken ? — A. Yes, sir ; I suppose that statement was not precise enough. 

Q. But you have had to go to the map ? — A. Yes, sir. 

Q. Now, don't you know that there are two maps, and one is a right 
map and the other is a wrong one ? That is a perfectly plain (]nestion, 
and I want an answer to it. Don't you know there are two maps, one 
of which is correct and the other of which is not ? — A. I don't exactly 
understand. 

Q. That is a tolerably intelligible question, I think. I don't think 
there is anything ambiguous about it. — A. Certainly there may be 
erroneous maps. 

Q. Don't you know there are just two such maps as that, one of which 
is right and the other of which is not right ! With regard to sewers ? — 
A. Yes, sir. I don't exactly 

Q. Let us have it; you have no interest iu this matter. Let us have 
it just as you kuow it to be. — A. Indeed, I try to be perfectly frank. 

Q. Certainly. I don't doubt it. — A. If I exactly understand what 
you refer to 

Q. I want to kuow if you don't know that there are two maps, one 
of which is right and the other of which is not ? 

Mr. UuBiiELL. Two — where ? 

Mr. AViLSON. I am coming to that presently. 

The Witness. Certainly. The ma}) in which these sewers which 1 
had reference to are located — that is correct. I don't think there is any 
other map. 

Q. Don't you know that there was a map brought here yesterdaj' as 
the right map and sent away ? — A. I was here yesterday but a few mo- 
ments. 

Q- State whether you don't know that there are two sets of maps. — 
A. Well, we have a number of ma])S, some of which are not correct, 
and I certainly would very gladly point out any one that you refer to, 
but I cannot exactly understand. 

Q. Y'ou are perfectly familiar with that office ?^A. I think I am. 
We have a great number of incorrect maps, but this one, whicli I used 
certainly, I thiidc, to the l)est of my knowledge, was correct. 

Q. I want to see that map that you used Mhen you nmde this out '? — 
A. I. sent for it this morning, and I thought it was here. 

Mr. Stanton. Did you seud any map ba(;k yesterday! 

The Witness. No, sir. 

Mr. M.VTTINGLY. There was a luap brought to me yesterday, that I 
sent back'. I had requested a copy, for the use of the committee, of the 
ICllicott's map, from the office of tlie Commissioner of Public Uuildings, 
ind they brought me not the Eilicott's luap, luit another map. I don't 
remember now who it was that brought tltat map to me; but I .sent it 
back. 

Mr. Stanton. I saw that maji ; it had nothing to do with the sewers. 
It was a map dated in 1702, an<l 1 handed it to Mr. ]\Iatfing]y. 

Mr. i\[A'J"J'iN(;iA'. Yes, you showed me the maj), Mi-. Stanton. 



1782 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 

Q. Looking a little fnrtlier down on tins statement of yours, you will 
find, " No settlement as yet ; estimated at |3=$4,500." " No settle- 
ment as yet ; estimated at $3=$6,198." — A. No final vouchers in re- 
gard to them. 

Q. How did you get at them ? — A. From the size of the pipe, and 
from the other board prices ; and I think $3 is just about as near as 
I can (!ome to it. 

Q. That is a mere guess? — A. No, sir; I would not say "guess." 

Q. It is only an estimate? — A. It is an estimate. 

Q. You do not pretend it is right ? — A. It might vary 10 cents, more 
or less, either way. 

Q. You do not pretend it is accurate ? — A. No, I stated it here as an 
estimate. 

Q. Then, this table would not be of much value to the committee iu 
the way of arriving at the average cost of this to the Government? — A. 
I only presented it with a view to show that the average which I had 
recon)mended was not so outrageously wrong. 

Q. You have gone over all these vouchers, have you, one by one ? — A. 
I think I have. 

Q. Then it would not have been much trouble for you to have made 
out for us a statement of the number of each kind of sewer-pipe that 
had been put down? — A. Do you mean at the time? 

Q. Yes, sir. — A. Yes, sir; because for the very reason that we did not 
have these vouchers in. 

Q. When you made this up you had the vouchers, did you not ? — A. 
Yes, sir, 

Q. Why, then, did not you give us all the lengths of each kind of pipe, 
and then we could have told exactly what the fair average was ? — A. I 
promised you, I think, on the day before yesterday to get it up. 

Q. Have you got it up yet ? — A. No, sir ; I did not feel well enough to 
work at it, but I shall get it for jou without any delay. 

Q. Did you help measure New Hampshire avenue with Colonel 
Samo ? — A. I do not kuow whether I was present the last time. 

Q. What last time? — A. I was not present for the three or four last 
measurements. 

Q. How many measurements has he made on New Hampshire ave- 
nue? — A. I could not say, unless by referring to the governor's answer. 

Q. Have you been measuring very recently? — A. Well, I went over 
it, I think, with C'olonel Samo. 

Q. When ? — A. It was only some eight or ten days ago. 

Q. Have you and he been making figures on New Hampshire avenue 
recently? — A. He was; I have not. . 

Q. ILi ven't you made any ? — A. He convinced me that he was right. 

Q. Did you make any figures on it? — A. No, sir, I cannot say that I 
made any figures. 

Q. You say he convinced you that he was right?— A. Yes, sir. I 
would rather say that he convinced me, because in the beginning I 
thought he was wrong. 

Q. Now, I would be glad to have you state exactly how he has gone 
to work to make it up that he was right iu the first instance. What 
have you done? — A. Well, he told me that he had measured the depth 
of the excavation, and arrived as closely to the fill as he could. With 
regard to the fill, he had to refer to me ibr personal knowledge. The 
profile in the office, as we now have it relative to that fill, is ^vi^ong. 

Q. The profile is wrong ? — A. Yes, sir; that is to say, the profile is 



TESTIMONY OF FRANCIS P. 15LAIR. 1783 

right enough for the time wlien it was taken. But there liad been quite 
a large fill made prior to the taking of tlie profile, and I liappen to be a 
little familiar with tliat locality, because I traveled over it, and on ac- 
count of that familiarity I gave him my views as to the depth. 

Q. Did you bring the committee the pajters that we called for the 
other day with regard to your measurements and with reference to that 
million appropriation ? 

Tlie Witness. These memoranda ! 

Mr. Wilson. Yes, sir. 

The Witness. Yes ; but they are in such a shape that I rather dis- 
like to have them go in as evidence. Still, if you desire, I will submit 
them. 

Mr. AViLSON. I would like to look at them. 

The Witness. T will jiroduce them so that you can examine them 
during the recess. 

The committee took a recess until 2 o'clock. 

2 o'clock p. m. 
Francis P. Blair sworn and examined. 

By Mr. Mattingly : 

(Question. State to the committee whether you have a place on the 
Seventh-street road. — Answer, Y'es, sir. 

Q. Give the committee your views of the desirability of that ini})rove- 
ment, and its condition, and so on. — A. I have a place at the dei)ot at 
Silver Springs. I think it is an excellent improvement; we have good 
roads. 

Q. State the importance of that road as a thoroughfare ; whether it 
is a main thoroughfare or not. What roads lead into it '? — A. It is a 
great thoroughfare for Washington City; it has produced a great influx 
of i)opulation in that neighborhood. 
By the Chair^ian : 

Q. State to the committee the character of the road — ^its present con- 
dition. — A. It is a ver}- good road, and is a great improvement. 

Q. Does it run to the Maryland line ? It extends to your place, does 
it not ? — A. Yes, sir; to my place. 

By Mr. Mattingly : 

Q. State what was the condition of that road before it was improved. — 
A. It was a very melancholy road. I had to loan my wagons and teams 
to get other wagons out of the mud. They stuck fast. I was called on 
by the people of the county to loan my wagon and horses to get them 
out of the mud. 

Q. You testified before the last investigating committee, did you not '': 
— A. Yes, sir. 

By the Chairman : 
Q. Is your testimony substantially correct as given there ? — A. Yes, 
sir. I have only to state further that the statements which I made be- 
fore the last committee have been verified by the facts. 

The testimony of this witness in the Ibrmer investigation into the 
affairs of the District, found at page 738, and following, of the Stark- 
weather Ileport. was.ordered to be printecl, and is as follows : 

W.vsiUNGTON, D. C, April 10, 1H7-2. 
FljANCis p. Blaii! (Inly sworn and cxainincd. 

By Mr. Ciiandi.kk: 
Qiu'stinn. How lonjf have you resided in AVu.sliington ? — Answer. I eaine here in 
1830 ; about forty-two years siuce. 



1784 AFFAIES IN THE DISTRICT OF COLUMBIA. 

Q. State whether you hrad occasion to kuow the history aud condition of the Wash- 
ington canal since you came here? — A. Yes, sir ; I have known a good deal of it. As I 
understand Dr. Hall, he thinks that filling up the canal will make it like a rjreat sponge 
or morass, aud that the feculent matter there will make the city unhealthy. I think 
the mode of tilling up should be to have it compact as high as the tide rises, aud keep 
out the tide by water-proof walls at each end ; then the earth will not l>ecome a morass. 
The surface above tide-water may be made a sort of French drain, with rnbble- 
stone. The filling completed with soil suited to the growth of trees would render the 
nuisance a beautiful addition to the park. 

Q. How long have you been of the opinion that the true solution of the canal diffi- 
culty would be to fill it up ? — A. General Jackson observed to me that it was the great- 
est folly in the world to bring a canal through the city; that we had a tide-water 
river, and that the commerce of the city should be carried on through that. 

By Mr. Eldredgb : 

Q. What do you think of the canal for commercial purposes? — A. I do not think it 
useful at all. 

By Mr. Chandler : 

Q. This statement by General Jackson was made to you, was it ? — A. Yes, sir. 

Q. When ? — A. I think in 1832 or 1833, somewhere along there. 

Q. His opinion was very fixed ? — A. Yes, sir ; he spoke of it as the greatest absurdity 
in the world to attempt by a canal to supersede a tide-water inver flowing along by a 
city, and make the canal the channel of its commerce. Wherever you see commerce 
along the shores of any place, it becomes dirty, unsightly, aud sickly. 

The canal we see has come to this result. Dr. Hall concurs in this respect with the 
physiciaus of the board of health; yet I concur with him in the belief that if the 
canal were kept clean and deep by dredging, or a sufficient fall of water, it might not 
be so hurtful as hitherto to the city's health, though open iu the midst of it; still its 
emanations would be unwholesome, and the noisome gatherings on its sides, in the 
name of commerce, would be a poor compensation to the people for the loss of the 
salubrious air, the reviving green turf, and cooliug shades, the park was meant to 
yield. The system for draining the city of its surface-water, by cutting down the 
grade of streets from the high ground in the central parts, to run it off raj^idly through 
streets terminating at the river shore, will perfect its health. Although the depth of 
the cutting iu some streets made a bad impressiou for the moment, when the houses 
have basements built under them, as they will in the course of time, the value of the 
liroperty will be immensely increased and the beauty of the streets improved by the 
elev.itiou thus given to windows. 

Q. You believe in the policy of getting uniform grades? — A. I do; and carrying 
them through the city and into the District beyond Boundary street. I believe the plans 
generally adopted by the city government the best ever suggested. They do honor to 
the taste and genius of those who designed them to till up the outline which nature 
seems to have destined for the site of the capital of our country. The city aud its sur- 
rounding district will then become one vast amphitheater, mounting by grades from 
the Potomac to the hills five miles beyond its northern boundary, and 500 feet above 
the tides. The tirst terrace arises from the circle of Boundary street, making that 
beautiful coronet of wooded heights that crowns the brow aud looks down upou the 
city and the expanse of its river as far as Mouut Vernon and Fort Washington. The 
next grade brings us to the circuit of forts tliat protected the city during the late war. 
The roads made to unite these defenses by the soldiers formed an outer circle to Bound- 
ary street, two miles beyond. They are located on eminences that command the 
coujitry on both sides of the circuit, while the city is invisible and sheltered by 
the first elevation that surrounds it. The third elevation is that which makes 
the dividing line between the District of Columbia and Montgomery County, Mary- 
land. It is tive miles from the city limits, on the direct Seventh-.street road. 
To this point all the parked aveiuies from the city tend. They emerge at right 
angles, and on reaching the military way fall in through it into the graded 
Seventh-street road, from west and east, aud blend with it all the roails from the navy- 
yard and from Georgetown, and pursuing its route northwardly two miles meets all the 
country roads that converge at Silver Spring ; Kock Creek and Slago approach each 
other so closely here as to leave at the summit-level a plain a little more across than 
one mile to divide them, thus bringing together at that place all the country roads seek- 
ing the city from the nm-thern, eastern, or western direction. Tiie Colesville turnpike, 
the Sandy Spring turnpike, the Brookville turnpike, all macadamized," are brought on 
the District line at this spot ; and the Rockville road and such others as cross Rock 
Creek to fall into the Seventh-street avenue, also unite in this place of general I'eudez- 
vous, which is also the depot of the Metroiiolitan branch of the Baltimore and Ohio 
Railroad. This shows the importance of rendering as perfect as possible the thorough-, 
fare of six miles leading into the heart of the city from the highways of the country 



TESTIMONY OF FRANCIS P. BLAIR. 1785 

which concentrates its proflncts upon this raih-oad depot. Thence they may j^o to the 
market of either I'.altiinoro or Washington l>y the steam or horse car, or by the wagon 
otth(! farmer, who may continue the transportation on the Seventh-street graded and 
macadamized central city road. 

But the improvement of greatest value, as most comprehensive, is that which pro- 
poses to linish the military road which unites the forts around the city. It is to be- 
come a grand avenue froni the Soldiers' Home westward to the first bridge on the road 
l)ctwe(-n Fort SteNcns and I'ort De Kiissey, and thence carried along the stream of 
Rock Creek and the road on Ikoad Branch, they blend into one main avenue, sloping 
with easy grade the aOO feet of the District line along the current of Rock Creek to its 
Junction'with the Potomac, making the most romantic, picturesque drive to be found 
anywhere. 

On the river side of the President's Mansion, this country avenue will pass through 
the City Park, by the Washington monumental pillar, to the grounds around the Capi- 
itol, embracing the vu'W of all that is necessary to save Washington from the river 
miasma and from the sneer of being only "a city of magnificent distances." It will 
present to the eye " a city of magnificent parks and palaces." The comitletion of North 
Capitol street, as already begun, to the Soldiers' Home, including its beautiful view^s 
and drives, with those of Mr. Corcoran's splendid villa, will render all east of the cen- 
tral Seventh-street line a grand ])ark on the north of the Capitol. On the south, the 
Mall, with all its edifices, including those of the President's Mansion and those of the 
surrounding Departments, built or to be built, constituting the grand feature of archi- 
tectural elegance, mingled with a rural scene, makes it a perfect rus in urbe. That in- 
closed by the military road westward on Rock Creek and smaller tribiitaries constitutes 
a park of itself, all wild and picturesque, in a most charming woodland scenery. It 
is filled with precipitous rocky heights, with rapid currents, the rich hillsides rising 
at successive points, covered with lofty trees, with an undergrowth of laurel, redbud, 
and dogwood, all l)eantiful in their seasons with flowers; the little brooks running from 
dells opening at intervals, dressed with floral ornaments sin-inging from the woodland, 
would have induced all lovers of parks who have penetrated this wilderness of tangled 
forest and mazes of streamlets to assign superiority to this region in sight of our Cap- 
itol and pronounce it destined to become the most charming environ of that sort ever 
presented to a crowded city. 

It would be an economy at once to establish a country road down Rock Creek to the 
Potomac from the military road. The purchase of the hillsides above, clothed with 
overhanging woods too steep for plowing, would preserve them from the ax. It is all 
now re(inired for the contemplated park. Its completion would be the work of future 
years. Meantime, the avenue down the stream would enhance the value of the ara- 
ble lanils to proprietors and promote the prosperity of the cities and countrj' by open- 
ing a new and easier grade for the interchange of commodities. 

Q. Is it your opinion that the city has sufficient wealth to carry on this system of 
improvements ? — A. I do not think the city has ; but the continent has, and the peo- 
ple from every section who are coming here and to whom it belongs. It is to be the 
greatest city in the world ; and the wards of the Government are doing the work — 
the negroes. We are paying them, Ijut I think the Congress will pay us back some 
day. 

Q. On the whole, you approve the plan of the improvement of the canal and the 
District ? — A. As far as my reading extends, there is no plan of a" city equal to that 
which Washington planned, just as it stands. 

Q. Please state your opinion of the necessity of the Seventh-street improvement. — 
A. Seventh street is the great avenue to the country, which is to feed the city. The 
several roads in the country that come in toward the city may be represented by the 
fingers on my hands, all tending toward Seventh street as the fingers to the arm. All 
the roads from the country center in the Seventh-street road. The whole country to 
the north is drawn into it. It is a high road, .^00 feet high, and the whole resources of 
the coiMitry for the city conu3 in through Seventh, and Fourteenth, and North Capitol 
streets. It is, in fact, the only outlet to the north from the city, and is an easy road to 
the country west. 

Q. Your residence is about six or seven miles out ? — A. Yes, sir; about six miles from 
the Center Market. The Washington County boundary-lino runs through my gate. 

Q. You have traveled over the Seventh-street road for years. What has been 
its condition for nuiny years i»ast ? — A. It is the worst road in the world. It is a light 
soil and cuts down to the hub. Wiiile it was a turnpike I had to lend my horses fre- 
quently to drag out teams from the mud. 

Q. Wiiat was the width of it ? — A. Not more than fifteen or twenty feet, and cut down 
to the hub. The carriage-ways were so narrow that there was great danger in crossing 
the ravines ; every ravine was a trap. They had to be very cautions in driving, espe- 
cially in the night. 

Q. State your opinion as to the repairs that have been made in the road, whether tlio 
character of the road, as a highway and the amount of travel over it, justified it. — ^A. 



1786 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

My sou, Montgomery, spent a thousand dollars, aud I spent as much to get a road. 
We made the road for ourselves, because this direct city road was so bad a road. I 
would have been willing to pay on the turnpike, but it was at times impassable. We 
made a new one. I gave the road off from my laud and then paid for making it. 

Q. I wish to know whether or not you think the necessities of the people required 
the expenditures that the District authorities have made. — A. I do ; I think it is the 
most valuable improvement they have made. 

Q. You think it wise and judicious to put the road in as complete repair as it is now 
in ?— A. I do. 

By Mr. Eldredge : 

Q. Have you observed the improvements that have been made in the city in the way 
of paving ? — A. Yes, sir. 

Q. What is your opinion of these improvements ?— A. I think they are very valuable 
as far as they have gone ; I am very doubtful, though, whether the wooden pavement 
is not the best of any of them. That is a very good pavement in front of the Arling- 
ton, however. 

Q. Have you noticed the sewerage as far as it has been done ? — A. No, sir; I think 
it is very iiuportaut that the military road which the Government has made should be 
continued down to Rock Creek and down Broad Branch. The more of these avenues 
to the country you make the better for the health of the city. A road down Rock 
Creek, following the meanderings of the creek, and well macadamized, would make a 
beautiful road into Georgetown, and the people would go out into.the woods, and they 
could raise their children with great hope ; but while confined to this spot they will be 
less healthy. 

Q. What do you think of the city running into debt aud borrowing money to make 
these improvements ? — A. I think it is a great advantage, because it invites population 
here, and will make it a beautiful capital of the nation. It will be of great advantage, 
as long as this nation lasts, to have it improved and accessible, so as to be an invita- 
tion to all the surrounding States to come here. 

Q. What amount of debt can this city and population carry? — A. I do not know; it 
has a way of throwing it oif when it is too heavy by calling on Uncle Sam to take the 
load. They say now we are employing labor on our highways aud roads to take care of 
the wards of the nation ; but they are being educated aud improved, aud it is a great 
triumph for our nation that we are not only freeing the blacks from bondage, but the 
whole country, aud elevating in the eyes of the world. 

By Mr. Chipman : 

Q. I would like to have your views in regard to the obligation that the General Gov- 
ernment owes to this District to make it a proper residence and place for the capital of 
the nation. — A. The Father of his Country laid out the city for the nation ; he never 
believed that a commercial people would live here. He judged wisely that these broad 
avenues were necessary for the capital of a great people like ours ; he laid them out so 
that they can be parked and the health of the city secured. They are laid out so that 
the air can pass through the city in every direction. These broad streets are parks 
themselves ; and this will be the'most beautiful city the eai'th has ever seen. 

Q. You know something of the traditions and the history of the location of the cap- 
ital here. Can you state what was the purpose of the founders? — A. It was desigued 
that it should be the most beautiful city of the greatest continent of the earth ; and 
it ought to have the assistance of the whole nation. 

Q. You regard it, and the founders of the city regarded it, as a matter in which the 
whole nation has an interest ? — A. Yes, sir ; for such a nation as ours. It looks back 
to the Old World and sees all those great cities of the past built on the sand ; but this 
city is built on an elevation. Paris is on a little stream, the Seine, not much broader 
than our canal ; but here is the broad Potomac; and all these hills about the city are 
connected with the mountains, so that here is to be a city right at the falls of the Poto- 
mac, which has the mountain air. Near my house you can see the Blue Ridge in Vir- 
ginia, and Sugar-Loaf Mountain in Maryland. This region is elevated and healthy, 
above tide-water. At the District line it is 500 feet above the ocean. It will not sink 
here, like cities covered with the deserts of sand in the Old Woidd. 

Q. I want you to give us the traditions upon that subject for the use of the commit- 
tee, and for other persons in Congress who think that the National Government has 
no obligations in this particular. — A. I think the founders of the city entertained no 
such opinion. Congress has never acted upon that idea. Congress is the founder of 
this city— made it what it is. It is the nation's city, and its very construction shows 
that it is made for a great people. 
By Mr. Coombs : 

Q. How far do you think the four million dollars will go to carry out this vast 
system of improvement ? — A. I do not know. 

Q. Do you think it will finish it ?— A. No ; I expect it will cost at least thirty mil- 
lions, including the Woodland Park. 



TESTIMONY OF B. OERTLY. 1787 

Q. If tlie Genoral Governmont does not coino to onr relief, don't you think that 
thirty millions will he a greater deht than this city can carry ? — A. I am told hy a 
{ijcntieman from Philadelpliia that our taxation is not so j^reat nd valorem as that in 
Piiiladelphia. I think that every inii>rovemeiit put upon tiie city increases the value 
of the property here, and henco the wealth of the city will grow in proportion with 
the debt. 

B. Oertly recalled. 

By Mr. Wilson: 

Q. I was asking you whether you and Mr. Samo had been figuring on 
New rianipshire avenue within the 'ast few days? — A. He was figuring. 

Q. What were you doing? — A. He showed me his figures, and 1 think 
he also submitted them to ^Ir. Bleekenstoffer. I went over the ground 
with him after he had gone over it for himself. He also showed me his 
figures. I think he also submitted them to Mr. Bleckenstotier. 

Q. Were those figures that he had made quite recently, or figures that 
he had made originally? — A. No, sir, I suppose that the original figures 
were arrived at somewhat dift'erently. 

Q. Did you see the figures that he had made originally ? — A. I think 
I did. 

Q. Were you with him when he made his original survey or measure- 
ment of New Hampshire avenue? — A. Yes, sir; I was with him, and I 
think I bad proposed a much smaller amount, for this reason: that I 
thought so long as the board had established a rule to pay only for ex- 
cavation, and not for the filling, that the same rule should hold good in 
this case, and of course the result would have been considerably less. 
But in this case, the filling was done at a different time from the exca- 
vation. That is to say, the bulk of the filling was not obtained from 
the excavation of New Hampshire avenue, and the two gentlemen have 
thought that in this case it was fair to charge both. 

Q. What two gentlemen ? — A. Mr. Samo and Mr. Forsyth. Finally, 
I concluded perhaps it would be fair. 

Q. You submitted to it? — A. I think upon the whole it is fair, inas- 
much as we had to procure the filling from other streets. 

Q. Where did this filling come from ? — A. A large amount came from 
Twenty-first street; some from M, and some from Twentieth. 

Q. AVlien I, ad that filling been done 'i — A. The way it occurred was 
this : Late in the fall of 1871 that section of Slash llun sewer had been 
completed, and for the purpose of i)rotecting it, (as it was above the 
ground then,) it was ordered that the filling should begin against it. Of 
course it was not only on New Hampshire avenue, but it was all along 
that sewer. But that included a large amount of filling done on New 
Ham|)sliire avenue. 

Q. Between what points did you examine that avenue ? — A. Between 
the same points as it was originally entered on the colonel's field-book ; 
between G street and Boundary. That includes from G street to Penn- 
sylvania avenue circle, and from Pennsylvania-avenue circle to the P- 
street circle, and from thence to the Boundary. 

Q. Did you nnUic up your accounts that way ? — A. I think they were 
originally made out in three items. Yes, sir. My original proposition 
was overruled. 

Q. I cannot und<'rstand you. — A. My original proposition, I say, was 
overruled, as I have stated already, and I didn't pay particular attention 
further. 

(^ Overruled by Mr. Samo and Mr. Forsyth? — A. Yes, sir; for the 
very reason I have just now stated. 

Q. Did 1 understand you to state, before the recess to-day, that the 



1788 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

profile of that avenue is not correct ! — A. Well, will you allow me to 
explain myself by a diagram ? [Witness does so.] The profile in this 
case, I would say, is to be created from the memory of the men who 
were familiar with the ground. 

By Mr. Stewart : 

Q. You say the cross-sections were made after the fill had been be- 
gun ? — ^^A. Yes, sir. 

By Mr. Jewett : 

Q. How long before this profile was made adopting the surface of the 
original fill as forining the base of the profile ? 

The Witness. Do you mean when the profile was made 1 

Mr. Jewett. Yes, sir. — A. I should judge the profile was made in 
March or April, 1872, and the fill was in the fall of 1871— late in the 
fall. 

Q. You had put in this sewer? — A. Yes, sir; to protect it from the 
frost of the winter, we made this fill — we filled against it. 

Q. That was made before any profile was made? — A. It was made 
betore any profile was made. 

Q. Then, in the following year, three or four months afterward, when 
you came to fix the grade of that street — or had you fixed the grade 
before you i)ut in the sewer ? — A. No, sir ; it was fixed afterward. 

Q. Then, when you came to fix the grade of that street, you made the 
profile at that time? — A. Yes, sir; the profile was made at that time. 

Q. When making that profile did you use this line [indicating] or did 
you undertake to make it in accordance with your recollection of this 
line ? [indicating,] 

The Witness. Do you mean in my calculation ? 

Mr. Jewett. In the profile. The i)rofile as it is upon paper. 

It represents that line, [indicating.] I never have meddled with the 
profile or record at all. I can only positively say that in this case there 
was a certain depth here. 

Q. Now, admit that, what has this to do with the account you made 
against that avenue for grading ? — A. Because we went on to get the 
full depth. 

Q. Then, in the account which you have here for expenses against the 
Government, your charge against the Government for this avenue not 
only includes the area within the limits of that profile, but the area 
within the original lines of that fill ? — A. Within the original lines of 
the fill. 

Q. How did you ascertain what was contained in these lines — what was 
the basis of your calculation ? — A. Well, I did not make a calculation in 
this case. It was Colonel Samo himself who made it. Of course, in this 
case, you could not get at it in any other way except by placing cross-sec- 
tions pretty close. It is a pretty deep filling, and the ground is some- 
what irregular. 

Q. In placing your cross-sections, did you use them for ascertaining 
the quantities between these lines, or did you apply tbem to these lines ? 
[Indicating.] — A. For the entire lines between the grade and the original 
surface. 

Q. How could you apply them between grade and the original sur 
face, unless you knew what the original surface was ? — A. The original 
surface shows- — 

Q. That is below the street ? — A. Below ; yes, sir. 

Q. Does it above ? — A. Yes, sir, it shows on both sides. The original 
surface was a i)retty gentle curve. 



TESTIMONY OF B. OERTLY. 1789 

Q. In makino- tlioso cross-sections, looking to the original snrface, 
what allowance «li(l yon make for tlie elevation of one side above the 
other — the east and west sides of the till '? For instance, if the descent 
was 10 or 20 feet, in making your cross-sections yon would have to 
make all(>wan(;e for that descent, would you not ? You would not treat 
it as an even surface ? — A. No, sir. Allow me to explain. 1 take a sec- 
tion for instance here, [indicating.] The ground slopes like thai, [indi- 
cating.] 

Q. J)id you make any cross-sections before the work was done"? — A. 
No, sir ; there was no cross-section taken when the work was progress- 
ing. 

Q. It was then taken after the work was done ? — A. Yes, sir. 

Q. And in making your cross-sections, you had no reference to the 
iiuevenness ol" the original surface? — A. No, sir, not any knowledge. 

Q. You could not have, could you? — A. No, sir; in this case, to get at 
the original surface of the ground, they would have to be restored from 
the mt'iiiory of some one familiar with the ground. 
^ Q. And that calculation — did you in thetirst place make it with a view 
to the whole till, or did you tirst make your calculations upon the basis 
of that line being the original surface — the tirst calculation which you 
made as to quantity ? 

The Witness. Against the Government "! 

Mr. Jewett. The tirst calculation you made as to quantity, I do not 
care who it was against — the first time that you went there to ascertain 
the amount of work done at that ])oint — did you take that line as a basis 
for this :' [indicating.] — A. No, sir; the extreme level. 

Q. You charged the Government not only with the excavating 
through portions of the street that you really excavated, but you 
charged it at the same rate for this fill ? — A. For the fill; yes, sir, I 
at the time was of a different opinion. Still, I think, as long as the fill 
was obtained from the other streets, there was, perhaps, some fairness 
in it. 

By Mr. Stewart : 

Q. You charged them for the fill and for the excavation ? — A. Only 
in this case. Yes, that was the only instance. 

Q. How much a yard for each ? — A. It cost 40 cents. 

Q. Making SO cents for the fill ?— A. Well, if you had taken that fill 
alone, it would have been 80 cents. 

By Mr. Jewett : 

Q. What calculation do you say Mr, Samo has been making within a 
few days ? — Answer. He went over this New Hampshire avenue. 

Q. Did he use the same profile that you had made before? — A. No, 
sir; he made his calculation also from observations on the ground. 

Q. When were those observations made, the last ones ? — A. I could 
not ac(;urat('ly name the day, but it was some time either last week or 
the week before. I was not with him when he made the observations, 
but, after he made them, I went over the ground with him. 

Q. In these last observations, did you take the original surface ? — A, 
Yes, sir, 

Q. You had no reference to the surface after the first fill was made? — 
A. No, sir. 

Q. To the surface as it existed when the profile was made ? — A. No, 
sir. 

Q. What other means did you resort to for the purpose of making 



1790 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

these calculations tbau those you had when they were originally made 
out ; had you any other means ? — A. No, sir. 

Q. What difierence did you make in the result ? — A. That I could 
not tell you, sir. I did not make them myself, and I did not keep any 
record of it. 

By Mr. Wilson : 

Q. I understand you, now, that your recent measurements have ex- 
tended from G street to Boundary ; have you been working any on 
Virginia avenue recently I — A. Never, to my knowledge. 

Q. Have you been there with Mr. Samo on Virginia avenue ? — A. 
Not to my knowledge ; at least, I cannot call it to my mind ; but I think 
not. 

Q. You have none of the original figures that were made in this New 
Hampshire avenue ? — A. No, sir ; I have not. 

Q. Have you any on Virginia avenue'? — A. Virginia avenue we had 
the exact computations in the office, which were made the basis of the 
vouchers, and then we had a pretty good set of profiles and a cross- 
section, and the amount charged to the Government was the same 
amount. 

Q. Will there be any trouble in ascertaining exactly what you did 
with regard to Virginia avenue in making up your quantities 1 — A. I 
think not. 

Q. You think you have got the data in the office? — A. I think the 
identical vouchers can be j)rocured. 

Q. You can find out from the papers in the office exactly what you 
did do with reference to Virginia avenue ? — A. I think so, sir. 

Q. Yesterday I requested you to bring to the committee the papers 
that you had with reference to this appropriation of a million dollars 
that was made last spring ; state if these are the papers you handed me. 

The Witness, [after examining them.] Yes, sir. 

Q. Are these all the papers that were made to ascertain what work 
had been done prior to the board of public works on t ese avenues? — 
A. Well, I think on this 2d page you will find two items, or references 
rather. 

Q. Yes ; I find here, at the top of this paper, "Amount expended by 
the board of public works upon avenues, 1 1,237,371.92." Was that for 
work that had been done for the board of public works ? — A. By the 
board ; and, in the board report of 1872, I think you will find a detailed 
statement. It was only an approximate statement. 

Q. That was the one to which 1 called your attention a few days 
ago? — A. I think so. 

Q. Then I find the next item," Amount before expended, I think, by 
the District, $891,000." Now, I wish to know how you get at that 
$891,000. — A. There some items on page 21 of the report of 1872 occur 
again ; and the first one I had prepared, and the second one was pre- 
pared in the governor's office, and I took it for granted it was correct. 
How it was arrived at at the time, I do not know. 

Q. How did you get at that $891,000?— A. I just took it out of the 
report of the governor. 

Q. Do you know how that fimount was derived by whoever made out 
that statement in the governor's office! — A. That I could not say; I 
tried several times to get at that data, but failed. 

Q. How did you try to get at that !— A. I asked those gentlemen who 
I thought had been familiar with it, and they did not seem to know it. 

Q. To whom did you make the application ?— A. For instance, Mr. 
Lamer. I think he is more familiar with this work than anything else. 



TESTIMONY OF B. OERTLY. 1791 

Q. Was he able to give vou anv definite statement in regard to it ? — 
A. Xo. 

Q. To wliat other [)erson did you make application ? — A. I think it 
was the auditor. I supposed he was familiar with it. 

Q, Who was that?— A. Mr. Meeds. 

Q. To what other person did you make application ? — A. I think that 
is all. 

Q. From these gentlemen you were unable to get any definite data 
upon which to base that amount? — A. Yes, sir; I did not get any defi- 
nite data, and 1 took it and just inserted it. 

Q. In your examination a day or two ago you stated that you and Mr. 
Forsyth made out an amount — an aggregate of $1,G00,000 — which I 
presume is this, and that you took the statement from Mr. Forsyth's 
recollection as he gave it to you. — A. Then my statement was not pre- 
cise. The $81)1,000 was taken from a report. Afterward, I think, I did 
state that Mr. Forsyth went over it, avenue by avenue, and stated to 
iiie what work had been done. 

Q. Do you mean to say that he went out over the avenues, or did he 
sit tliere in the office and state to you ? — A. It was in his otiice. He 
stated to me between such and such points such and such work was 
done, but I do not think it is made 

Q. Did he have any papers to refer to in order to give you the 
amounts ? — A. I think he occasionally referred to old grade-books and 
to some of his note-books. 

Q. That is the voucher upon which the million appropriation was 
drawn, was it not? " Measurement, March IJ:, '73," page 411 of the Gov- 
ernor's Answer. Does that embrace work done by the old corporation 
as well as work done by the board ? — A. To my knowledge it is all new 
work. 

Q. When you made up that account for old work that was done 

you think that is all new work ? — A. That is to my knowledge all work 
done by the board. 

Q. Do you know how they happened, then, to draw that million dol- 
lars ai)propriation which was for work done by the city of Washington, 
before the board of public works had existence, on Mork done by the 
board ? — A. That I do not know. 

Q. Can you explain that ? — A. No, sir. 

Q. Do you think the board did anything like that amount of work on 
these avenues? Look at that report. Take, for example, Louisiana 
avenue. — A. In the case of Louisiana avenue this statement ought to 
read, " From Tenth street to Pennsylvania avenue." It included that 
triangular section between Ninth street and the avenue. 

(^. Did the board do that work ? — A. Yes, sir. 

Q. You think the board did that much work on Louisiana avenue ? — 
A. 1 think so. 

Q. Now, look a little further, and see if you think the board did all 
the work that is in that voucher, upon which that mone^' was drawn. — 
A. A\>ll, possibly there might be one or two items, but I do not think 
so. If you will allow me to scrutinize it, tiiough, 1 will tell you. 

Q. You think that was all done by the board, substantially ? — A. I 
think, substantially, it was all done by the board. 

C^. J)o you know who ma<h' out that i)aper ? [handing witness paper.] 
— A. That is a copy of that very same thing INlr. Forsyth made out. 

Q. ]^o you mean to say it is a copy of the paper that was dictated to 
you by Mr. Forsyth ? — A. Y'^es, sir ; that is what I mean to say. 

Q. Was that paper made out for the purpose of being presented to 



1792 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Congress with a view of getting au appropriation to pay the board for 
work that had been done by the ohl corporation I 

The Witness. Do you mean this particuhir paper ? 

Q. No 5 not that paper. — A. You will find a coincidence in the figures ; 
but this paper was really prepared to meet that original figuring in the 
governor's report. 

Q. Do you know whether that paper was presented to a committee of 
Congress for the purpose of being a basis of an appropriation for work 
done by the old corporation f — A. I think it has been used ; it seems to 
me so. 

Q. Wasn't it made out for that purpose ? — A. Yes ; I reckon it was. 

Q, .At the time you and Mr. Forsyth made up these figures, were 
you seeking to ascertain and get an ap[)ropriation for all the work that 
had been done on these avenues prior to the existence of the board of 
public works, and up to the time the board of public works came into 
existence ? 

The Witness. I did not get the entire question. 

Q. Was this made out for the purpose of showing the whole amount 
of work that had been done by the old board, the old corporation, up 
to the time the board of public works came into existence ? — A. Well, 
there certainly was a larger amount of work done by the old corpora- 
tion than this amount states. 

Q. Was this, then, made out for the purpose of showing what had been 
done, and what had not been paid for b^- Congress"? — A. I think that was 
the idea. 

Q. In other words, you w^ent to work, if I understand you, and made 
up a statement showing what amonnt was yet due by the United States 
on account of work done by the old corporation up to the time the 
board of public works came into existence ! — A. That is correct. 

Q. This was intended to embrace the whole ? — A. To the best of my 
knowledge. 

Q. Have you made any discoveries of any work since, that you did 
not embrace in that ? — A. There may be some. 

Q. Have you any knowledge of any f — A. I think there is paving, 
curbing, and guttering which was never included. 

Q. What does that amount to I — A. Tlie amount is not large. 

Q. Can you give us any approximation to the amount? — A. Maybe 
15,000 or ^8,000. 

Q. Simply a nominal sum ? — A. Yes, sir. 

By Mr. Jewett : 

Q. I wish you would tell me what you mean there, [hands witness a 
book,] where you have opposite to certain charges the word "old" 
so repeatedly — page 1670 '? — A. These sewers are done. What is there 
was put on under misapprehension as work done by the board, but it 
was really work done by the old corporation — old corporation contracts ; 
yet, I think you will find I strike them out in my corrected statement. 

Q. They represent work done under the old corporation ? — A. Or ex- 
tension of their contracts as settled by the sinking-fund commission. 

Q. Why do you charge for them, in the opposite column, the amount of 
each ? — A. No, sir ; I do not give us credit again in my new ofiset col- 
umn. 

Q. But I see, in reservation on Pennsylvania avenue, between Fourth 
and Sixth streets, $3,384. Opposite to that is " old." — A. No, sir ; there 
is a portion of this that is old and a portion that is actually done by the 
board — new. 



TESTIMONY OF 13. OERTLY. 1793 

Q. Does the account here show wliich jKirtion is oUl and which por- 
tion was actually new ? — A. That ai)i»eais to be entirely old. 

Q. What is the object of that cohunn ? [indicating.j— A. This shows 
what we received from the (Jroverniuent. 

Q. Then you have charged the (Government with that? — A. Exactly 
so ; and it was erroneously charged, and ought to have been charged to 
the sinking-fund. 

Q. Has the (Jovernment ever had credit for these erroneous charges .' — 
A. No, sir ; that is to be rectilied. 1 think I recommeinled 

Q. Did you make your average from that column or this .' — A. Xo, 
sir ; from the new one. That is to say, the average at the time 1 did not 
make from either column. 1 made it on that paper which 1 submitted 
the other day. 

(lovernor Shepherd, If you will allow me to explain 

Mr. Jewett. Certainly. 

Governor Shepherd. I think Mr. Oertly got the idea of averages 
confused. I told him to make up a statement of what the board of i)ublic 
works had receive<l on account of sewers, and to show what they had paid 
out on account of sewers, and that table \\'as made up for that purpose. I 
•told him, wherever old work had been measured in as new work, to leave 
such out, and then show what the board had received and paid on ac- 
count of sewers. I do not think that the average was based upon that 
table at all. 

Mr. Merrick. Yet his aggregate includes the charge ot them. 

The Witness. Xot in the new table. 

Governor Shepherd. (), no; it is not carried out. 

]Mr. Jewett. Then, according to that, governor, you had actually 
charged and received from the United States all these amounts, ou 
a(;count of Avork which had ])reviously been done, and for which the 
board of public works had paid nothing ? — A. Yes, sir ; that is an error. 
It is wrong. 

Q. And that error has not been corrected ! 

Governor Shepherd. No, sir; I did not know anything of it until 
it was brought out in this matter. 

Mr. Wilson. These vouchers here — do they apply exclusively to 
Government property? — A. No, sir. 

Q. The vouchers are for the whole of the sewer? —A. For the whole 
of that particular contra(;t. And I arrived, then, from those vouchers, 
at the cost per linear foot, and I charged the Government with that 
rate — the number of linear feet chargeable to them. 

Q. Do you know of a contract that one Gallagher has for an incom- 
pleted sewer ? 

Witness. You refer to the large extension of the Tiber Creek 



sewer 



Q. I want to know if Gallagher has a contract ? — A. A very large 
one. 

Q. Where is it? — A. It is the extension of the Tiber Creek sewer 
south of Maryland avenue, and carrying sewerage down toward Jamos 
Creek canal. 

Q. Are tln^v doing any work on it ? — A. I do not know whether they 
have suspended or not. Tliey wvie at work a short time ago. 

Q. How niu(-h work have they done ? — A. Indeed, I could not suy. 

(^. Any considerable amount ? — A. Well, some s2.~),()0() or s.'3U,0(>6 ; I 
w^uld not be certain. I never went lately over the ground. 

Q. Did you make up a total, showing what it would cost to complete 
the main sewers ? — A. Yes, sir; and signed by ^Mr. Cluss, 1 think. 

113 D c T 



1794 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. I find put down iu Gallagher's contract $349,000. — A. "Yes, sir; at 
that time. 

Q. What is the date ?— A. This is November, 1873. 

The Witness. At that time there was that much due. Almost all of 
the work he has done he has done since. 

Q. Was there any work done on it at the time that table was made 
out ? — A. A very trifling amount. I think hardly" any. 

Q. He has only done twenty-five or thirty thousand dollars' worth of 
work since that time"? — A. That is my impression. He may have done 
more, but I could not say positively. 

Q. You do not think the United States owes anything on that now? — 
A. We never charged anything to the United States. 

Q. I think 1 find a charge here on that account. 

The Witness. For that work? 

Q. Yes, sir; against the United States. Here is F. Finley's contract. 
Do you recollect what that is ? — A. That is on K street, between New 
Jersey avenue and North Capitol street — Tiber the same. 

Q. What is the length of that sewer? — A. 1 think it is three-feet six, 
and three-feet brick sewer, for four or five squares, and then it changes 
to a large sized pipe-sewer, but the amount charged there is only for a 
brick -sewer. 

Q. You thiidc it cost $36.81 ?— A. That is almost all done now. The 
entire contract. 

Q. Since when has it been done? — A. A considerable amount I think 
was done when the statement was made, but never had been measured, 
and no payments made. It has since been completed, I think. The 
time is not very long ago since which it has been completed. 

Q. Do you know what it C'>st? — A. I could not say exactly what the 
total amount of that sewer is. 

Q. Do you think it cost that much ? — A. Not very far from it. 

Q, The vouchers will show, I presume ? — A. Y"es, sir.. 

Q. It being now substantially done? — A. Yes, sir. 

Q, Did you make up the account for the completion of the flagging, 
steps in front of the I'atent-Oflice and Post-Oftice ? — A. Yes, sir. 

Q. And on B street north ? — A. No, sir ; I was not present at that 
measurement, but I see now that one of those charges will have to be 
corrected because that flagging was removed from the Post-Ofiice down 
to Third street. Of course that cannot be charged. 

Q, Well, on B street south. Did you make that up. Did you make 
up this table. 1 see a table here for the completion of steps and flag- 
ging in front of the Post-Office and Patent-Office, $35,000; on B street 
north, $37,000; on B street south, $6,000.— [page 31. J 

The Witness. Bounds on B street south you refer to? 

Q. Yes; and then B street north, and B street south, both. Did you 
make up this statement? — A. Y(?s, sir. 

Q. Where did you get the data from ? — A. The vouchers. 

Q. But that is to complete the work ? — A. The work was then com 
pleted, and this was during the payment. 

Q. Is that B street north? — A. That is for work not completed — that 
is to be done. 

Q. Has there been any of it done yet? — A. O, yes, sir; a large amount; 
but this is for the coujpletion. 

Q, This for what is not done ? — A. Yes, sir. I see here required for 
the completion of B street south; there is a small amount not done, but 

could not call it to my memory just now. 

Q. Is it under contract ? — A. That ou B street north is. 



TESTIMONY OF B. OERTLY. 1795 

Q. To whom ?— A. It requires tbe completion of that Belgian pave- 
ment. 

Q. Who has the contract ? — A. John O. Evans. 

Q. Do you know at what rate ? — A. I think at $3.50. 

Q. Who has the contract for B street south i—A. That was W. H. 
Adams. 

By Mr. Mattingly : 

Q. TTave you the maps here that you used in the preparation of this 
statement ? — A. Yes, sir. 

Mr. Stanton. The committee expressed a desire this morning to see 
that map. 

The Chairman. Do you vrant to do anything with these maps ! 

j\Ir. Stanton. They were asked for this morning, and I only wanted 
to have them shown to the committee. 
(To the witness :) 

Q. They show the length of the sewers ? — A. We have to scale them, 
of course. They show it correctly. 

By Mr. Merrick : 
Q. Just turn to a page of the map, and let us look at it ; we will un- 
derstand it at a glance; this is laid ott like any other map ? — A. Yes, 
sir. 

By Mr, Stanton : 

Q. They show correctly the lengths of the respective sewers? — A. As 
soon as the sewers are completed we enter them. 

Q. And with the vouchers and this map you are enabled to make up 
your statement ? — A. Yes, sir. 

Q. They show the man-lioles ? — A. Yes, sir. 

Q. From the vouchers you made the calculation of the proper pro- 
portion chargeable to the Government ? — A. Yes, sir. 

By Mr. Jewett : 

Q. That was in existence before you made the first column in the 
schedule, wasn't it? — A. No, sir; we got it up first, I think, in the 
spring of 1873. 

Q. These maps ? — A. Yes, sir. 

(^. Who got them up ? — A. Well, a gentleman who has charge of the 
sewers ; he fixed them. 

Q. 1 am not speaking of the sewers. Who got up the map i? 

By Mr. Merrick : 

Q. Who made the draughts of the maps ? 

Q. Who draughted this map ? — A. This is engraved. 

Q. By whom .' — A. By Peterson «S; Jenthoircr. 

Q. \\ho prepared it '. — A. It is prepared from the official plats, as he 
states, and we find no ditt'crences. 

(^). Your Judgment as to the number of linear feet dei)ends upon the 
correctness of this map ? — A. Yes, sir; of course in any map there may 
l)e some slight variations. 

Q. You don't know that this map is correct ? — A. Well, I think it is, 
as well as I can judge. Tliere are some few errors in it, but very few. 
Like any other maps, of course by scaling it you may i)ossibly occa- 
sionally fall short or overrun. 

(^. The party whodraughted this map did it upon a certain scale ? — A. 
Yes, sir; 250 feet to the inch. 



1796 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Don't you know as an engineer that that is the least reliable of all 
kinds of evidence — a map prepared in that way ? As an engineer, would 
you, under any circumstances, rely upon a map prepared in that way, 
as being i ccurate in the measurement of distances ? — A. Well, the dif- 
ference I don't think exceeds two per cent, at the utmost, unless the map 
has been very carelessly drawn. 

Q. Doesn't it depend entirely upon the skill of the man who makes it? 
— A. Yes, sir; it depends a great deal upon that. 

Q. And the purpose for which it is made? — A. Yes, sir. 

Q. As a general thing, is it intended to represent accurately distances; 
isn't it intended simply to represent localities'? — A. No, sir; in this 
case he intended it to be as nearly correct as possible. The size of the 
lots could be scaled, and, of course, in the lots a couple of inches or feet 
make quite a difference. It was his intention for that purpose to have 
the map as accurately drawn as this scale will allow it. 

Q. State whether the correctness of your calculation does not depend 
on the accuracy of this map. — A. Yes, sir. 

Q. With the making of this you had nothing to do?— A. Of course, 
in the preparation of the vouchers the actual measurements of the 
ground ought to have precedence always. 

Q. But the means you ought to have taken you did not take — the act- 
ual measurements? — A. The statement you refer to is a mere compara- 
tive statement. The variation can be but slight. 

By Mr. Christy : 

Q. Can you, by referring to that map, inform us whether a sewer is 
reported to have been constructed in front of square 700? — A. There is 
none entered here. 

Q. Do you know the fact that a charge has been made against the 
property-holders owning property upon that square for the sewer as 
constructed, and bills rendered therefor !— A. I do not know it from 
my own knowledge ; that is a branch with which 1 had nothing to do at 
all. 

Q. If that has been done, it is an error!— A. I suppose it to be an 
error. 

Q. If it has been constructed, it would appear on that map ?— A. It 
does not, fully entered up. There are a few sewers which have been 
constructed which are not entered yet, but I don't think any are in that 
square. 

By Mr. Stanton: 

Q. Have you had any occasion to satisfy yourself as to the care with 
which that map was prepared, and its accuracy ?— A. Yes, sir; I think 
the map is an accurate map as far as maps will allow of being accurate. 

Q. Was it prepared by officers connected with the Coast Survey ?— 
A. Yes, sir. 

Q. By competent officers ?— A. Very competent officers. 

By the Chairman: 
Q. By whom was this map prepared ? 
The Witness. I will read the title, which is as follows : 

Map of the city of Wasbiugtou, showing the subdivisious, grades, and the general 
configuration of the grounds in equidistances from five to five feet altitude. Compiled, 
with the assistance of the city surveyor, P. H. Donegan, by A. Bastert -and J. Ent- 
hotit'er. Published by A. Petersen and J. Euthofier, of the United States Coast Survey. 
1872. 

Q. Did he put the sewer-marks in there?— A. No, sir. 

Q. Who put them in I — A. Mr. Bodfish. 



TESTIMONY OF BENJAMIX D. CARPENTER. 1797 

B3' Mr. Stewart : 
Q. Who do you say prepared that map ; was it i)repared in the Coast 
Survey Office'?— A. ^No, sir. The officers of the Coast Survey pre- 
pared it. 

By Mr. Wilson : 

Q. Is that an official map or a map prepared by some person who 
was employed in the Coast Survey Office ? — A. It is the latter ; it is not 
an official map of the Coast Survey. 

Q. He ])repared it as a private enterprise ? — A. Yes, sir. 

By the Chairman : 
Q. Is it prepared as maps in the Coast Survey are usually prepared, 
do you know ? — A. Yes, sir. 1 think he used the same care as they 

use. 

By Mr. Stewart : 

Q. Have you ever measured the size of the square here and then com- 
pared it f — A. We have on this other map the lenj^th of the squares. 

(}. Have you ever measured the length of the squares on the ground 
and then compared it with the scales here? — A. That is to say we 
got the official length of the squares from Mr. Forsyth's map, and by 
(•omi)aring them with these the results are the same. 

Q. Have you ever compared the laying of it at one square with an- 
otlier, to see whether the work was carried out accurately ? What is 
the scale of it? — A. Two hundred and fifty feet. 

Q. Have you examined the work of it to see if they would correspond 
alike ? For instance, here is a square 500 feet, another 300 feet along — 
the scale is here — to see whether they have carried out the workman- 
ship right. Have you examined the map at all to see whether it has 
been carried out right ? — A. Yes, sir ; I fiud some errors — slight errors. 

Q. How great ? — A. I could not say the magnitude. On the whole, 
it is a very correct map. 

Q. You have examined it considerably, have you? — A. Y'es, sir. 

]\Ir. Mattin(tLY. In this connection I simply desire to exhibit to the 
committee. Here is a map, with the number of scpiares, showing the 
location of brick sewers and pipe sewers, and different kinds of traps, 
drops, and man-holes, &c. ; red lines indicating brick sewers and the 
blue lines a pipe sewer, and the dots the man-holes and traps, «S:c. 

By the Chairman : 

Q. Is that sewer actually constructed, or a plan for construction ? — 
A. They are constructed. 

By Mr. Stewart : 

Q. ^\'ho prepared this map? — A. Done by our draughtsman. 

Q. You took the size; youdi<ln't do this by actual measurement; you 
took thi' size of blocks as given? — A. Yes, sir; as officially given. 
Those blocks were occasionally varied. 

BEN.JAMIN D. Carpenter sworn and examined. 
By Mr. Mattingly : 

Question. State your position under the board. — Answer. I am siiper- 
iiiteiMh'nt of roads. 

(}. State whether you had charge of the Seventh-street road and the 
Columbia turnpike, or Bladensburgh road. — A. I had. 

Q. Have you the profiles with you of the road, showing its original 



1798 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

coiidition, &c. ? — A. I have the profile aud grade of the Columbia turn- 
pike road. 

[The witness produced the working-plat of the road.] 

By the Chairman : 

Q. This profile shows the grading ? — A. Yes, sir, and also the surface 
of the old road. 

By Mr. Mattingly : 
Q. State how that road was constructed ; whether it was properly 
constructed or not. — A. It was graded by excavating hills and em- 
bankments and filling low places. The base of the cut in the hills was 
39 feet ; the surface of the road-way on the hills was 35 feet, and the 
gravel road was 24 feet wide. 

By the Chairman : 

Q. Did you make that profile ? — A. I think this was i)repared by Mr. 
Cobb. 

Q. Made from actual measurement? — A. Yes, sir; he was an assist- 
ant under me. 

By Mr. STEWART : 
Q. What is the scale of this profile ? — A. The vertical scale is 30 and 
the horizontal is 200. 

By Mr. Mattingly : 

Q. Have you the profile of the Seventh-street road ? I want to give 
to the committee an idea of the former condition of the road — what was 
done, and the present condition. 

The Chairman. The mere inspection of this i^rofile will not do us 
much good, Mr. Mattingly. 

By Mr. Mattingly : 

Q. State the condition of the road before it was improved, the neces- 
sity of the improvement, and its condition uoav. — A, Seventh-street 
road was in a very bad condition. There have been several attempts 
to have the charter of the road condemned, and finally it was condemned 
by act of Congress in 1871. The road-way in some places was as nar- 
row as 18 or 20 feet, with deep washed gullies on the sides. In some 
places, in the winter and early part of the spring, ic was impassable ; 
late in the spring, when it was very wet weather, or soon alter the frost 
left the ground, many places had been corduroyed by pine logs to suj)- 
port the travel. The culverts and the bridges there on the road, with 
the exception of one, were in a very dilapidated condition. 

Q. Was the work well done ; was the improvement well made ? — A. 
It was, when it was finished, well done. 

By Mr. Wilson : 

Q. What is the condition of that road now ? — A. In some places it is 
bad now, muddy. 

Q. Is it difficulty to get over it now ? — A. No, sir ; there has been no 
time since the road was ready for travel, completed, but what teams 
could pass or repass. 

Q. Where are those bad places in it now that you speak of ? — A. 
There are some on what is called the third section, above Brightwood, 
and a few places in front of John Saul's nursery ground. 

Q. How hiis it been during the winter t — A. It has been better dur- 



TESTIMONY OF 15ENJAMIX D. CARPENTER. 1799 

ing the winter than through tlie months of March and April. The con- 
tinned rains Inne made all the roads worse. 

Q. What is the condition of the Seventh-street road ?— A. I am speak- 
ing of the Seventh-street road now, sir. 

Q. How about the other road, the Columbia turnpike? — A. I have not 
been over that road latelj'. My superintendent rei)orts to me every few 
days, and from his reports it is in a good condition. I was there al)out 
the last of February or the 1st of ]\Iarch. 

Q. Who made lip the estimates on which payments were jnade to 
contractors on those two roads? 

The Witness. Do you mean for the work ? 

]\[r. W^iLSON. Yes. 

The Witness. I did. 

Q. They were all made by you ? — A. Yes, sir. 

By Mr. CiiRiSTY : 

Q. The original estimate for the cost of improving this road, as re- 
ported to the legislative assembly, was $25,000, was it not I — A. I so 
understood it. It was in print $2,oOO. 

(). But when it was corrected the amount was 825,000 ? — A. \'es, sir. 

Q. Who furnished the basis upon which that estimate was made ? — 
A. 1 do not know. 

Q. What was the cost of the repairing of that road in fact; Avhat has 
it actually cost ? — A. Do you mean the construction of tlie road '. 

Q. Yes, sir; to the present time. — A. I think it is in the neighborhood 
of $190,000, sir, including repairs and construction of the road. 

Q. Who' is responsible for that under estimate as communicated to 
the legislative assembly ? — A. I do not know, sir. 

Q. You were not advised of this ? — A. Xo, sir. 

Q. You make no statement in regard to it ? — A. No, sir. I never 
knew who made the estimates for either of the roads. 

Q. Were you in the employment of the District government at that 
time ? — A. I was not, sir — yes, sir, I was. I was acting as a member 
of the board of registration. 

Q. What additional cost will it require to jint it in good repair ? You 
say a i)art of it is in a bad condition. — A. Well, sir, those ])ortions that 
I considered in a bad, condition — it is uneven, and it is caused princi- 
pally by putting gravel on too late last winter; the weather came off 
wet, and the travel then would pick up portions of the gravel and go a 
little ways and deposit it on again — it would require now to have it 
dressed off and fixed and shovelcMl, es[)ecially on tlie upper section. On 
the lower section there is but little to be done there, if you could get a 
jnore sandy gravel. 

Q. Now make a reasonable estimate. AVhat would be the cost ot 
putting it in complete repair as tiie road ought to be ? — A. I should be 
obliged to make some measurements before I could give any satisfac- 
tory estimate. 

Q. Well, we do not want a satisfactory one — that is, what would be 
satisfactory or exact, but simi)ly a reasonable apinoximation. Would 
it cost 820,000?— A. No, sir; I think not. Tiu're is great dilhculty in 
getting first-class gravel. We have to haul it a great distance. 

By Mr. Stanton : 

Q. What kind of drains were constructed along the Columbia turn- 
pike ? — A. I do lujt understaud you. 

Q. How was the road drained? — A. V>y the lateral grade of the road 
into what we call side-ditches. There is not any undcr-drainage laiil yet. 



1800 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What was the depth of gravel along the road ? — A. Twelve inches 
in the center. 

Q. It was never less than twelve inches, was it? — A. No, sir ; in some 
jilaces more. At some places it was fifteen. 

Q. What was the character of the gravel? — A. Well, sir, it was good 
gravel. 

Q. Was there anjMarge stone in it? — A. Yes, sir, there were some, 
bnt not objectionable. 

Q. Was there any dirt in it? — A. I never saw any. 

Q. Onght that gravel to hav^e been screened before it was used? — A. 
I do not think it would have been any advantage at all to have screeued 
it. It was picked gravel. I cannot conceive of any benefit that would 
have been derived from doing that. 

Q. The. drains were properly constructed for the road, were they 
not ? — A. O, yes, sir. 

Q. What was your occupation before you became connected with the 
board of public' works ? Had you built any roads in the county be- 
fore ? — A. I was employed under the levy court to do simi lar work — 
work of this kind, so far as the levy court had authority. 

Q. For several years? — A. Yes, sir; between six and sev^en years. 

Q. Between six and seven years you were employed under the old 
corporation building roads in that section of the District? — A. Yes, sir, 
under the levy court. 

A. B. KiRTLAND recalled. 
By the Chairman: 

Question. I think Mr. Wilson asked you if you remembered anything 
in relation to a contract with O'Conner & Shanley. — Answer. I think 
that question was asked me. 

Q. What was your answer ? — A. I do not know what answer I gave. 
1 said I had entirely forgotten. 

Q. Have you refreshed your recollection about it ? — A. I think you 
refreshed my memory by reading a document to me. I told you I had 
verv little interest in that contract ; it was to assist Mr. Reed and Mr. 
Wilcox. 

Q. You were merely incidentally in it, then ? — A. Yes, sir. 

Q. You had no particular interest except to aid them ? — A. That is 
all, sir. 

Q. Who first suggested that matter to you; do you remember ? — A. I 
think it was Mr. Reed. 

Q. Where ? — A. In this city. 

Q. Had you known O'Conner before ? — A. ISTo, sir. 

Q. Or Shanley ?— A. No, sir. 

Q. Did you ever meet either of them?— A. Mr. Reed brought them 
here. I met them. 

Q. You saw them here ? — A. Yes, sir. 

Q. Had some interviews with them ? — A. I met them once that 1 re- 
member. 

Q. What did you say to them you could do in reference to procuring 
a contract ? — A. I made no promises to them whatever. 

Q. You held out no inducement to them on your part? — A. No, sir. 

Q. Did Mr. Reed ?— A. That I do not know ; he was to furnish them 
lumber cured. 

Q. You saw them here once, or did you «ee them more than once ? — 
A. I think they were here together once ; not more than once ; I am not 
sure but Mr. O'Conner was here twice. 



TESTIMONY OF A. B. KIRTLAND. 1801 

Q, Did yon see him the second time he was here? — x^. Either Mr. 
O'Conner or Sh;udey, I do not know which one it was. 

Q. You saw them the second time they were here?— A. I am not pos- 
itive as to that. 

Q. Do you remember seeing either of them more than once? — A. I 
think I saw them in Newark. 

Q. IJow did vou come to see tlieni there ? — A. I went at the instance 
of Mr. Keed. 

Q. What for? — A. To ask them to fulfill their contract if it was 
awarded. 

Q. What was that contract to bef — A. That was to be wood. 

Q. But I mean as to quantity ? — A. Well, they wanted a larye con- 
tract — one hundred and titty or two hundred thousand square yards, I 
think. 

Q. Did you not go to Newark and tell O'Conner cS: Shauley that you 
Cf)ukl get a contract for them of two hundred thousand yards ? -A. No, 
sir; I do not think I told them anything of tlie kind. I could not tell 
tliem anything of the kind. 

Q. You never told them anything of the kind ? — A. No, sir. 

Q. What did you tell them '. — A. I do not remember what I did tell 
them. 1 could not ha\e told them that. 

Q. Y^ou are certain that you uuide no representation to them ? — A. I 
am certain of it. 

Q. In your conversation with them, was anything said about grad- 
ing, do you remember ? — A. I think there was something said about 
it; but I told tliem 1 had nothing to do with that whatever. 

Q. Di<l you not tell them that other parties could be procured to do 
the grading, so that all they Aould be recjuired to do would be to lay 
down the wood ? — A. 1 told them that that was the way the De Golyer 
tS: McCJlelland contract read. 1 did not kiuiw how their contract would 
rea<l, or anything about it; that De Golyer ^' McClelland were not 
ol)liged to do any grading. 

(^. Tiiat was the understanding with reference to the De (iolyer & 
jNIcClelland contract '? — A. 1 do not know what the understanding was. 
1 think that is the way the award read. 

Q. That De (iolyer & McClelland were to do no grading? — A. 1 think 
so, sir. 

Q. Was not that the understanding? — A. I do not know anything ex- 
cept what the award said ; I do not think there was anything mentioned 
in the award about grading. 

Q. But you understood that they were to do no grading ? — A. 1 under- 
stood that from the award; there was nothing in it that said anything 
about grading. 

Q. You exi)ected to procure such a contract for O'Conner «.^ Shaidey 
as you liad jirocnred for l>e (iolyer & McClelland? — A. Idid not expect 
anything of the kind. 

Q. Did you not t(;]l them so? — A. No, sir. 

Q. Did you not tell them there would be no grading? — A. No, sir. 

C^. Y'ou did not ? — A. No, sir. 

Q. Do you know what other parties communicated with O'Conner c^ 
Shanley in relation to this contract ? — A. Keally, 1 do not know what 
l)arties communicated with theui. 

Q. Y'ou did so little about this that it passed from your memory until 
the Njatter was called to the attention of the committee ? — A, 1 told you 
I expected very little. I was trving to assist some frit'uds in what little 
1 did do. 



1802 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You bad so little to do with it that it passed from your memory 
until Mr. Wilsou called your attention to it? — A. Yes, sir; I think 1 
forgot the whole matter. 

Q. Let us see if we cannot refresh your memory a little : " In the early 
imrt of March, 1872, parties came to us to know if we would like to lay 
a laroje job of wooden pavement in the city of Washington. If so, they 
would introduce us to certain parties who could secure us the contract. 
On the ITtli of March we went to Washington, saw A. B. Kirtland and 
Eeed, who gave us to understand that they had a contract for la.ving 
200,000 yards of w^ood pavement, at $3.50 per square yard, and that they 
would do, or cause to be done, the excavation of the roadway, have it 
rolled, and furnish us with the right to lay the pavement for sixty 
cents per square yard out of the $3.50." Is that statement true or not ? — 
A. It is not true. 

Q. You never represented to them that you had a contract for 200,000 
yards of pavement ? — A. No, sir ; I do not know how ; I never had one. 

Q. " This we agreed to, provided the board of public works would re- 
award the contract in our name, so that we might be the contractors in- 
stead of subcontractors, or, in other words, that the pay for the work 
should come direct to us. Kirtland did not know that the board of works 
would be williug to do this, and therefore we came back to Newark 
about as wise as when we went away." Now, did not you represent to 
those gentlemen that you had a contract and did not know whether 
or not you would have it changed so as to put it in their name? — A. 
No. sir. 

Q. " Some time later, between March and July, we received sev- 
eral letters from Reed, stating that everything was settled — to come 
on and sign contract. Not having received any official notice of the 
award from the board of public works, we paid no attention to lieed's 
letters." You say you went to Newark ? — A. Yes, sir. 

Q. About this business ? — A. Yes, sir. 

Q. Did Mr. Reed go with you ? — A. No, sir. 

Q. You went alone"? — A. He furnished me the money to go. 

Q. You went to Newark with this contract for 25,000 yards ? — A. No, 
sir, I did not ; I did not make any such statement. 

Q. "At last Reed cauie to Newark with a letter purporting to be written 
by the clerk of the board of i)ublic works, setting forth that a certain 
job or jobs, as stated in the agreement which was published yesterday, 
had been awarded to us, and that the contract awaited our signature." 
You did not carry such a letter there? — A. No, sir: I did not 
know of any such tiling as such a letter. 

Q. Then it must have been Mr. Reed who carried this letter, as he 
went there alone. — A. I do not know how many times Reed went there 
at all. 

Q. Who prepared this contract, r^ad to you by Mr. Wilson the other 
day, in relation to your interest? 

The Witness. That agreement ? 

Q. Yes. — A. I do not know. 

Q. You did not prepare it ? — A. No, sir. 

Q. You are certain of that ! — A. Yes, sir. 

Q. " Mr. O'Conner then went to Washington, saw Kirtland and Reed, 
signed the agreement with them which had been prepared by Kirtland." 

The Witness. I never prepared it. I never prepared it. I do not 
remember of reading' that document at all. 

Q. " Bnt failed in either seeing or signing any contract for any kind of 
work, and returned home the same day. Some time afterward Kirtland 
came to Newark to have us sigu the contract to another j)arty." 



TESTIMONY OF A. B. KIKTLAND. 1803 

The Witness. That is false. There was no contract made that I know 
of then, or any award, "as we refnsed to have anything to do with him 
or it," saying he wonhl pay ns 20 cents per square yard out of it. 

Q. Di(l you not carry a contract tliero for some other party asking 
them to sign it so as to appear as the contractor ? — A. No, sir. 

Q. Then that whok^ statement is false? — A. ]f you are trying to 
prove that statement in the paper false, I will say that it is false. 

The CiiAiKMAN. I am tryin«; to get at the fact if I can 5 1 do not know 
whether I can or not ; I think it is rather doubtful. 

" We refused to sign the contract or an assignment of it, for the 
reason, if we did so sign or assign we would still be lial)le for the i)er- 
formauce of the work. And further, that neither then nor since have we 
doiu^ any work in the city of Washington, nor received nor paid any 
moneys for any interest done in the said citv. 

"Tn'OMAS O'CONNEK. 
"BERNxVRD C. SIIANLEY." 

Q. Xow you say that statement is not true ! — A. I do not know any- 
thing about it. 

Q. You never asked them to sign a contract in which they had no in- 
terest, offering them 20 cents })er yard if they would sign it and be- 
come, nominally, contractors ? — A. No, sir. 

Q. Did you ever propose to introduce O'Conner and Shaidey to any 
person or persons, in this city, who would be able to secure them the 
contract? — A. No, sir. 

Q. Do you know anybody in the New York custom-house who had 
anything to do with contracts in the city of Washington? — A. No, sir. 

Q. This letter is signed by O'Conner & Shanley, 1 might say to you, 
Mr. Kirtland. — A. I do not know who it is signed by. 

Q. These statements are all false ? — A. What I have stated are false 
are. 

By Mr. CiiRiSTY : 

Q. Do you know Samuel Strong, who formerly resided in New Y'"ork ? 
— A. I know him by reputation in this District ; that is all. 

Q. Were you ever in his emi)loy ? — A. No, sir. 

Q. In any capacity ? — A. No, sir. 

Q. What amount of money did you bring to this city whi(;h you were 
going to use? — A. 1 could not state tliat fact. 

Q. I am now speaking of your second visit to Washington? — A. From 
what time ? 

Q. During the time you had certain conversations with gentlemen 
liere which have been detailed by you, when you left the city by way 
of Alexandria. What amount of money did you bring with you? — A. 
I do not know what time you refer to ; when I went to Chicago to sell 
the notes ? 

Q. No; long since. I refer now to the time immediately prior to your 
being subpo'iiaed. How much did you bring to this city then ? — A. 1 
do not know, 

Q. I low much did you receive in this city ? — A. Ten dollars, 

i}. \\ as that all y<Ki receiveii ? — A. I think so. Ten doUars is all that 
lean a(tcount for, at any rate. 

(^. I desire to have you ai)[)roximate, as near as you can, the amount 
you brought to the city when you (;ame here. — A. I cannot approximate 
to it. I was a long tiuu' in New York. I do not know w hat I spent. 
1 do not know what 1 took with me when I left home. 



1804 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Before coinin<; here you were for some time in New York ! — A. I 
was some time in the city of New York. 

Q. You had considerable expenses there ; then you came here, and 
all you received was $10? — A. Y"es, sir; that is all I can account for 

LOW. 

Q. There is this expression in a letter of which I presume this is a 
true copy, on page 1500 of the published testimony. It is a letter that 
you addressed to Mr. Wilcox on April 15, 1874, from the city of New 
Y'ork: " I.i)resume 1 shall be compelled to put in an appearance before 
the committee, but some one will be sorry." I desire you to state to 
whom you refer in that expression. — A. I have already stated that. I 
lel'er you to my testimony. 

Q, That may be true, but I desire to ask further, and to have a cate- 
gorical answer, a reasonable answer — not an evasive one. 

The Witness. That answer, then, is not satisfactory ? 

Mr. Christy. What answer was it"? — A. I say I referred to my wife 
particularly. 

Mr. Christy. Now I say to the committee that an answer as absurd 
as that is, as is apparent from the context of the letter, is not an answer 
to the question; and I desire that the witness be compelled to answer. 
It is very clear that that is simply an evasive answer. He is as much 
under the contempt of this* committee as if he refused to give ari 
answer at all. I want to put the question squarely to the witness so 
that he ma^^ reply. If he stands mute, he is in contempt, and he is also 
if he give an absurd answer. 

The Witness. I have no other answer to make to that. 

Mr. Christy. It is evidently not ingenuous, that answer; it is absurd. 

The Chairman. Is that the only answer that you take exceptious to? 
[Laughter.] 

Mr. Christy. We have not progressed beyond this yet. I desire the 
committee to require this witness to give an answer to that question ; 
the answer which he gives not being a categorical answer. 

Mr. Jewett. You desire this committee to compel the witness to tell 
the truth ? 

Mr. Christy. I do, or at least make a statement that is reasonable 
or probable. 

The Witness. I ask the committee to protect me against this man. 
I don't want to tell a lie here. I have answered that question. 

Mr. (Christy. I make the question direct, that it is not an answer. 

Mr. Jewett. In my mind if we enter upon that discussion it will 
take us a long time to get through. 

The Chairman. I don't think the committee can now judge of the 
absurdity or otherwise of that answer. I don't think we can compel 
him to give another answer. He says distinctly that he referred to 
himself and his wife. 

Mr. Wilson. That is a categorical answer as I understand it ! 

Mr. Christy. Not as ,>'ou look at the context. 

Mr. Stewart. That is argument. 

Mr. Wilson. The answer, however, you will observe, is a direct answer 
to the question ; that is the answer he has given to the committee two or 
three times. 

The Chairman. Have you any other question, Mr. Christy f 

Mr. Christy. No, sir. This not being answered, in my judgment. 

The Chairman. You are discharged, Mr. Kirtlaud. 



TESTIMONY OF FRANK A. LYNCH. 1805 

Frank A. Lynch sworn. 
By the Chairman : 

Qaostion. Ave yon familiar with tile-pipe ? — Answer. Yes, sir. I have 
been in the business over seven years. 

Q. And the prices ? — A. Yes, sir. 

Q. Were yon engajjed in that business in 1871, '72, '73 ? — A. Yes, sir. 

Q. Did yon furnish the board of public works with any pipe! — A. 
No, sir. 

Q. Do you know Mr. ^A^ilson ? — A. Very well acquainted with him. 

Q. Do you know the jtrices of pipe in Philadelphia? — A. Yes, sir. 

Q. Have you noticed the testimony of ^Iv. Wilson as to the prices paid 
for pip(^ in this city .' — A. 1 read it over casually. 

Q. Did you sell any pipe in this city? — A. A great deal of it. 

i}. To private parties ? — A. Yes, sir. 

Q. ITow were your prices, comi)ared with the schedule of prices that 
we have had belore us? — A. In some instances it ranged above and in 
some below it. We had no set prices in Washington for pipe. 8ome 
j)arties got better terms than others. 

Q. How far below the prices in the schedule of prices did you sell 
pipe in this city '? — A. 1 should say in some instances as low as 15 per 
cent.; that is, from the card prices. 

Q. Have you sold any at any price above the card price ? — A. Xo, 
sir. 

By Mr. Mattingly : 
Q. Do you belong to that association that was referred to by Mr. 
Wilson ? — A. Yes, sir. 
Q. You had a dispensation as to this District ? — A. Yes, sir. 

By Mr. Wilson : 

Q. To whom did you sell in this city I — A. Mr. Thomas Evans, Henry 
Langston, George W. Goodall, and a number of others. 

Q. Were they dealers in [)ipe ? — A. Yes, sir. 

Q. Did you sell to them to be delivered to the board of public works ? — 
A. Kot that we were aware of. 

Q. Did you have an agent in this city ? — A. No, sir. 

Q. Did you sell any to Mr. Wall ? — A. We sold one bill to him. 

Q. J low much ? — A. Twenty-tive dollars, I think — in that neighbor- 
hood. A small bill. 

By ]\rr. IIURRELL : 

Q. Did you notice the price as covered by this card, page 1123 ? Will 
you Just examine those prices, and see whether these are above or below 
the ruling rates for pipe ? — A. There were no ruling rates here. Some 
l^arties gave more discount than others. 

Q. How is that as to the amount of discount? — A. I should say this 
was near the maximum ; near the highest rate of discount. Near the 
highest rate of discount, but it is not the highest that we have olfered. 

liy ^Ir. Stewak'I' : 

Q. Did you sell cheaper than this ? — A. Yes, sir; that is, from — up to 
12-inch. I do not know that we ever sold anything larger than 12 inch 
cheaper than that. 

Q. To i)rivate individuals, or to the trade ? — A. To the traders. 

Q. Do you make any differences when you sell to private individuals 
or those buying to sell again ? — A. We did not allow piivate individuals 



1806 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

any discount at all. We sell at card prices. The discount is for the 
trade exclusively. 

Q. You discount to the trade but not to individuals ? You sell to the 
retail, but private parties at the card price ! — A. Y^es, sir. 

By Mr. Merrick : 

Q. Did you furnish Mr. Ev^ans a memorandum of prices at which you 
wouhl liunisli pipe to him on behalf of the firm of Lincoln & Black ? — 
A. I recollect writing a letter to him, quoting prices. 

Q. When was that ? — A. Tiie letter I have copied is in the year 1869. 

Q. Did you furnish him any list of prices after that! — A. I did, ver- 
bally. 

By Mr. Mattingly : 

Q. Were the prices increased after 1869 ! — A. I tliink they were about 
tlie same ; that is the verbal prices I gave him ; there was one year the 
])rices were fixed ; we could not depart from. 

Q. When did your association fix the prices'? — A. The convention 
was in session in December, 1870; it was some time in January, 1871, 
before they went into effect. 

Q. Did .von furnish him a list of prices corresponding with that on 
page llli'o I — A. 1 think that is the copy of the list of prices I furnished 
him in 1869. 

Q. Y\iu say that the same rate of prices continued up to 187 L ? — A. 
Well, I don't think they made any different <iuotatious. 

Q. Y^ou didn't make any different quotations to him in 1871 from that? 
— A. I think I did after sometinie in the early part. I think I was here 
in Washington in January, 1871, before the prices had gone into effect, 
and the association was established and I endeavored to get his trade 
for thatj^ear before the association 

Q, And then you represented to him this same price as the prices 
furnished to him "? — A. J think 1 offered him at 40 per cent, discount 
from card prices, delivered in Washington. 

Q. Did you offer him at this rate of prices there ? — A. I think there 
is 40 per cent. 1 think that is in that neighborhood. 

Q. Look at that and see if you offered him pipe in 1871 at the rate of 
prices which he has giv^eu there as the rate of prices furnished to him 
by you ? — A. On 12-iuch pipe this is not quite 40 per cent. 

Q. Y^ou reiterated to him in 1871 the price you had in 1869 ? — A. The 
card prices differed in 1871 from 1869 ; we sold it at |J.50 and 80 cents a 
foot in 1871. 

Q. Your new prices went into operation in 1871 ? — A. I think about 
the middle of January, 1871. 

Q. In that year you reiterated to him your offer to sell to him at the 
same prices as you did in 1869 ? — A. I came down here to Washington 
and endeavored to secure a trade, for the whole of that year, among our 
customers, at our old prices. 

Q. And this bill of prices corresponds with that ? — A. Very nearly. 

By Mr. Stanton : 

Q. And that was before the new prices went into effect ? — A. Before 
it was binding on the members of the association. 

Q. And after that you communicated to Mr. Evans the increase of 
prices, in these subsequent dealings with him ? — A. Yes, sir. 

Q. In the summer of 1871, in June, 1871, you did not furnish him any 
such list as that ? — A. No, sir ; I do not think I could. I would have 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1807 

been breaking' faith witli tlie association, if I had offered him that in 
the suniiiier of 1871. 

Q. What was the prices for rtfteen and eighteen inch pipe ? — A. §1.25 
for tifteeii, and 81. 00 for eighteen. 

Q. Have you acfpuiinted yourself with the prices paid by the board 
of public works for pipe ? — A. No, sir. 

By Mv. Merrick: ' 
Q. You cannot give the date at wliich you gave him that bill of 
])rices ? — A. I know it was in 18()() that the bill was written for that 
l»urpose. I think it was in the month of June, 1809. 

By Mr. Christy : 

Q. Do you know one William M. Wilson? — A. I am very well ac- 
quainted with him. I 

Q. Do you know of his applying to the association for a dispensation 
for a certain term, to allow the various associations engaged in this 
trade to sell at whatever i)riees they chose to ? — A. I think it emanated 
from him. I know there was a great deal of talk about foreign pipe 
manufacturers selling here cheaper than we could afford to sell at. 

(^. When was that application made ? — A. I think it must have been 
made the latter part of 1871 — December, I thiidv. 

Q. So that, by that disi>ensation, the rates at which the pipe could be 
furnished ami sold here have resulted in a very largely reduced price, 
did it not ? — A. Yes, sir. 

The committee adjourned to 10 o'clock a. m. to-morrow, ]May 7, 1874. 



Thursday, May 7, 1874. 
The committee met pursuant to adjournment. 
The journal of the proceedings of yesterday was read and approved. 

Governor A. E. Shepherd recalled. 
By the Chairman : 

Q. State what knowledge you have, if any, of the conspiracy alleged 
in the tirst charge as organized between certain parties tor the purpose 
of securing and obtaining contracts from the board of i)ublic works, 
and the reasons why contracts were awarded to those gentlemen. — A. 
1 have no knowledge of any conspiracy in the awanbng of contracts 
between the parties nanied and the board of public works; n(tr do 1 be- 
lieve there was any. The contracts that were awarded these parties 
Avere given them on account of their stamping, their business cai)acity, 
their al)ility to do the work, to do it well, and to the satisfaction of 
the board of public works. 

Q. State wiu'ther the meeting of the contractors who received invi- 
tations to be i)n'sent was in any respect juivate. — A. It was in no 
respect i)rivate. The <loor was o]»cn. Tlie room was crowded. Persons 
were going and coming all the while. 

Q. Were private invitations sent to those i)eople ? — A. Xo, sir. Invi 
tations were sent to every contra<;tor, so far as my knowledge goes. The 
instructions weie to send to every contractor; 1 mean, to every bidder 
under that advertisement. 

(^. State now, in detail, why rates for work were established by the 
board instead of letting to the lowest bidihM'. — A. If the committee 
will allow me, I will read from the rei>ort of 1872, which was submitted 



1808 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

to Congress, and wbicli expresses the thing very clearly. On page 17 
of that report I read as follows : 

lu the outset it was determined that it wonld he better for all parties concerned to 
establish a scale of prices at which work should be done, and to award contracts at these 
uuit'orin prices to responsible persons, wlio, beinir paid only for work actuallj^ done, 
^^ould iiave no interest in defrauding their employers. The result of this plan, as car- 
ried into practical operation, has been entirely satisfactory. By general advertising 
bids were received for all cases and descriptions of improvements, the prices Avere 
tixed, based upon the information thus derived and upon the rates jiaid in other cities, 
and tiie work was awarded at those rates. 

The character of the work performed has demonstrated conclusively that this is the 
most economical and efficient means of prosecuting such undertakings, as it prevents 
straw bids and contracts to irresponsible parties, who would otherwise harass and 
retard the board in their opei'ations, either by selling out or by pi-eferring extra and 
imaginary claims to secure more than a fair ei|uivalent for the services rendered. The 
only instances which have given trouble to the board have arisen under contracts 
awarded Ity advertisement to the lowest bidders for specific improvements. In each 
of these cases the contractors have defrauded their laborers and employes of their pay, 
left the work nntinished, and entailed heavj^ loss upon their workmen and the board. 
The board point with pride to the work done and the prices paid, and are satisfied 
that no oue investigating the subject honestly and impartially will fail to acknowledge 
that in no instance on record has so mnch been accomplished in so short a period of 
time and at a cost so reasonable. 

This is the report submitted to the President, and by him submitted 
to Congress, December, 1872. 

By Mr. Jewett : 
Q. You adopt that as your answer to the question? — A. Yes, sir. I 
would state to the committee that this matter was considered by the 
board for several days — thoroughly canvassed. Mr. Mullett, Supervising 
Architect of the Treasury Department, was a member of the board at 
that time. He had had a vast deal of exi)erieuce in public works. 1 
had had a good deal in private work. It was unanimously agreed upon 
by the board that the best way to do the work w\as to fix a fair i)ri('e 
and to award it to responsible bidders. 1 will say further that all re- 
sponsible parties who wanted work got it. 

By the Chaibman : 

Q. You say in that answer that this method of letting work has 
proved entirely satisfactory ? — A. Yes, sir. 

Q. You still regard that as the true answer ? — A. I do, sir. I would 
state further, Mr. Chairman, that the Government of the United States 
has, in almost every instance, done work in this way. The building in 
which you now sit was built in this way — by a percentage paid upon 
the cost of the materials furnished by responsible contractors. The 
Post-Oftice buihling was built in the same w^ay. All the public build- 
ings now throughout the United States are being built in this way, upon 
a })ercentage paid to a responsible contractor for the work done. 

Q. Have you any knowledge of the prices paid in other cities for the 
same description of work? — A. Yes, sir; I have prepared a statement 
here, showing the cost paid for the different classes of work in New York, 
Philadelphia, Boston, and Baltimore. If it is the desire of the com- 
mittee, I will read it. This is authenticated by an oflttcial statement 
from the officers in charge of these imi)rovements in these various 
cities. 

Mr. Mattingly. Give the committee the result; that is all they de- 
sire, as I understand. 

Mr. Stewart. I think the entire document had better go in evidence. 

The witness then read as follows : 

Curbing, price of, in New York City. (See letter of February 26, 1874.) New 5-iuch 



TESTIMONY OF ALEXANDER K. SHEPHERD. 1809 

blnestone curb, $1 per linear font. New fi-iuch bliiestone curb, $1.1') per linear foot. 
Settinj^sauie, (labor priee) 30 cents per linear foot. 

Cnri»ing, price of, in Piiiladelphia. (See letter of Febrnary 24, 1874.) Cut granite 
curb anil setting;, si. 75 and ."?2.25 jier linear foot. 

Carl)inii-, price of. in Boston. (See letter of I'ebrnary "24, 1874.) Granite cnrb-stoue 
delivered upon the street, 72 cents per linear foot, costiujj when laid about $1 per 
linear foot. 

Curbing', price of, in Baltimore. (See letter of March '.U, 1874.) Setting 4-inch 
curb-stone, from l(t to 12 cent-s per linear foot. Circular curbstone, 15 ceuts per linear 
foot. 

Grading, prices in New York City. (See letter of FcOtruary 2fi, 1874.) Earth-excava- 
tion, average prici? per cubic .yard, .50 cents; earth-lilling, average price per ('111)10 .yard, 
80 cents; rock-ex(.'avation, avera.'jce price per i'ul)ic yard, §2. Excavation from one 
street and filling in another is paid for both as tilling and excavation when done by the 
same contractor. No grading retpiired for pavements, /. e., carriage- way. 'j, except the 
road-bed. 

Grading, prices in Boston. (See letter of February 24, 1874.) Street grading, whore 
there is a depth of several feet of cutting or lilling, varies from 50 cents to $1 per cubic 
yard. 

Grading, jtrices in Baltimore. (See letter of March :U, 1874.) Street grading, 25 to 
50 cents per cubic yard, according to haul. No allowance made for depositing it else- 
where. 

Pavements, prices in New York Cit.y. (See letter of Febrnary 2(), 1874.) 

Bejgian trap-block, average price, .$3.25 per square yard ; no grading recjuired except 
the road-bed. 

Sfnilbnl patent, $6.50 per square .vard, treated lumber; Nicolson, Miller, Stowe, In- 
geisoU, McGonigle ; average price, $5.50 x)er square yard, untreated lumber ; Guidet. 
$1) per square yard, without concrete. 

Pavements, prices in Brooklyn, N. Y. (See letter of February 26, 1874.) 

Price per Price per 

Kind. AVlit'U l.iiil. square square yard, 

yard. grading. 

Nicolson lhC9 $4 50 $0 50 

Do 1870 4.50 50 

Scrimshaw 18(59 3 00 

Improved Scrimshaw 1H70 3 50 

Do 1871 3.50 

Mill.T 1869 4 90 

Do 1870 4 90 

DeGolver 1871 5 00 

Scharf 1870 3 50 

Belgian 1869 3 29 

D(. 1869 3 43 

Do 1869 3 78 

Do 1869 3 33 

Do 1H69 3 19 

Improved Belgian 1"'()9 5 75 

Do 1.-70 5 75 

Do 1871 5 75 

Do 1873 4 30 

Do 1873 3 82 

Do 1873 3 74 

Do 1^73 3 65 

Pavements, prices in Philadelphia. (See letter of February 24, 1874.) NicolsoB, 
not treated. $4 per square .yard; Belgian, best Massachusetts blocks, .$3.25 per .sipiare 
yard ; Belgian, second quality, $2.75 to $3 per square yard ; Cobble, best water-stone, 
§1.25 jier s([uare yard. 

Pavements, prices in Boston, Mass. (See letter of Febrnary 24, 1874.) Granite block, 
city furnishes blocks and gravel and contracts for the hiying ; city grades road-bed and 
prei)ares foundation : Cost of l)locks, $2.80 i)cr square yard ; cost of gravel, 35 cents per 
square yard ; cost of laying V)loeks and spreading gravel, 35 cents per s(|uare yard'; 
total, $3.50. Cost of road-lied and foundation, from 3<i to 75 cents peicubic yard addi- 
tional. Wood pavement: city i)repares road-l)ed, as in stone ])a\cment, and contracts 
for furnishing ami laying blocks and furnishing and siireatling gravel for road-bed and 
cov<!ring. Prict; jiaid <;ontractors in 1873, from $2. 17i to $2.31 per square yard ; wood 
burnettized spruce, laid without flooring. 

Pavements, pric(!s in Baltimore. (See letter of March 31, 1874.) Cobbje-.stone, in- 
cluding matiMial and work, from 63 to 80 cisnts ]»eis(|uare yard ; cobble-stone, rtdaying, 
from 36 to 40 cents per square yard ; Nicolson, $4 per s(inare yard ; Grahamite asphalt, 
$4.16 per sipiare yard. 

114 DOT 



1810 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Sewers, prices in New York City. (See letter of February 20, 1874.) Layiujj six- 
inch Scotcli sewer-pipe, .$1.50 per foot, iuclmlint? earth-excavalion ; laying 12 to 18 inch 
Scotcli sewer-pipe, ,1;:}.:^ per foot average, with average earth-escavatiou of Hi feet. 
Brick circular sewer, :36-iuch, $6 to p7 per foot ; excavation, 13 feet. Brick sewer, 12 
by 8 fe(!t interior, laid on piles and timber foundation, wet, .|30 per foot ; piles and tim- 
ber paid for extra. 

For ()-inch Scotch sewer-pipe, straight, 40 cents per foot ; 6-inch Scotch sewer-pipe, 
curved, i"))) cents per foot; 12-inch Scotch sewer-pipe, 75 cents per foot ; 15-inch Scotch 
sewer-pipe, .'jiil.75 per foot ; 18-inch Scotch sewer-iiipe, |1.80 per foot ; 30-inch Scotch 
sewer-pipe, l5;2.25 per foot. Rock excavation in sewers, without blasting, §4.00; rock 
excavation in sewers where blasting is required, $5. 

Departmeut of public works. New York, furnish contractors with sewer-pipe. (See 
page 14, New York contract.) 6-inch, straight, per linear foot, 30 ceuts ; 12-inch, 
str-iight, per linear foot, 90 cents; 12-iuch, curved, per linear foot, .$1.30; 12-inch, 
straiglit, with 6-inch spurs, per linear foot, |1.40 ; 15-iuch, straight, per linear foot, 
.ftLlO ; 1.5-inch, curved, per linear foot, $1.90 ; 15-inch, .straight, with 6-iuch spurs, per 
linear foot, $1.85 ; 18-inch, straight, per linear foot, $1.85; 18-iuch, curved, per linear 
foot, $2.45; 18-inch, straight, with 6-iuch spurs, per foot, $2.70; 12 by 12 branches, 
per foot, $1.90; 15 by 12 IJranches, per foot, .$2.40; 15 by 15 branches, per foot, $2.70 : 
18 by 12 branches, per toot, $3.20; 18 by 15 branches, per foot, $3.50 ; 18 by 18 branches, 
per foot; $3.80 ; inverts, per foot, .$2.60; cast-iron man-holes, frame and cover, each, 
$25. 

Sewers, jirices in Philadelphia, (See letter of February 24, 1874.) Brick, three 
feet diameter, circular, $2 to $4..50 per liuear foot, including material, excavation, 
and repaving of street. 

Main sewers built by the item. 

Average of bids for three main sewers durhif) 1873. 

Clearfield street. Mantua Creek. Wood street. 

Earth-excavatiou, per cubic yard 39 41 1 08 

xvock-excavation, per cubic yard 1 46 1 62 1 50 

Rough rubble masonry, per perch 3 80 3 98 

Brick-work laid, per thousand 16 87 16 61 24 16 

Cast-irou inlet, including neck, each 192 50 192 33 

Well-holes, per liuear foot 15 60 13 40 

Man-holes, 2J, feet diameter, including cover, 

each "., 7125 72 50 96 66 

Sewers, prices in Boston. (See letter of February 24, 1874.) Scotch tile, from $2 
to $3 per foot, everything included ; only sizes used are 12 and 15 inch. Brick sew- 
ers, from $25 to $30 after the trench is excavated. Trenching varies from .$2 to $20 
per foot. 

Sewers, prices in Baltimore. (See letter March 31, 1874.) Built complete, including 
excavation, &c., either by running foot or by the job by contract. No price stated. 

Sidewalks, brick, price of, in Philadelphia. (See letter of February 24, 1874.) Brick 
footways with ordinary bricks, $1.25 per yard. 

Sidewalks, brick, price of, in Boston. (See letter of February 24, 1874.) Brick side- 
walks cost, during 1873, $1..50 per square yard. 

Department of Public Works, 
Contract Clerk's Office, City Hall, 

JS^ew York, February 26, 1874. 
Prices paid for materials and for work performed under contract with the depart- 
ment of public works, iu the city of New York : 

For rock-excavation per cubic yard, average price, $2; for earth-filling per cubic 
■vard, average price, 80 cents; for earth-excavation per cubic yard, average price, 50 
cents. 

(Excavation from one street, and tilling in another, is paid for both as tilling and 
excavation, when done by the same contractor.) 

For new 5-inch bluestone cut, $1 per foot linear; for new 6-inch bluestone cut, $1.15 
per foot linear; for setting same, (labor price,) 30 cents i)er foot liuear ; for 6-inch 
Scotch .sewer-pipe, straight, 40Jcents per foot ; for 6-inch Scotch sewer-pipe, curved, 50 




average price, $3.30 per foot ; rock-excavation in sewers, where bla.sting is required, $5 ; 
without blasting, $4; averai>e earth-excavation, 11| feet; for brick circular , sewer, 
36-inch excavation, 13 feet, .$6 to |7 per foot; for brick sewer 13 feet by 8 feet, interior 
laid on piles and timber foundation wet, $30 per linear foot ; piles and timber paid for 
extra. 



TESTIMONY OF ALEXANl^ER E. SHEPHERD. 



1811 



Fftvcmcntfi. — Belgian, or trap block, per sciiiare yard, average §1^.25 per scpiare yard; 
uo gradinj^ required except the road-bed. Wood i)avenient, Stafford i)atent, (treated 
Inuibia-,) per square yard, ;?B.50. A'icolson, Miller, Stowt!, Iiij^ersoll, Mc(ioiiigle, un- 
treated Inniber, average price per stpiare yard, $5.50. Guidet pavement, on Broadway, 
laid by a eoniniission appointed by the legislature, cost about ,$G per square yard with- 
out concrete. 

I certify that the above prices are taken from the lowest bids and awards for work 
done by this department, and are correct. 

WILLIAM H. BANTA, 
Contract Clerk, Dcparttiniit of I'tibliv Works. 



Dei'aktment of Crrv "Wokks, Chief Enoixeek's Office, 

Itooin 10, City Hall, Brooklyn, February 26, 1874. 

Abstracts from contracts showinr/ 2)riccs paid for different jnircm en Is. 



Street repaved. 



K iiiil 111' |iavemeiit. 



I'ii'iTcpont street I Nicolsoii . . . 

Cohiinbia street Belgian ... 

Sclieniici lioni street Xicolsou . . . 

First street do 

Montajiue street Scrimshaw 

Oxford street Bcljiiau 

Portland avenue Nicolson . . . 

Joralemou street Miller 

Smith street j Nicnlson .. 

Cnmherland street j Miller 

Eeniseii street i Beljiian .... 

Atlantic street Nicolson . . . 

Belgian 

do 

Nicolson . . . 
Scrimshaw, 
liel'iiau . . . 



Elliot Place 

Atlantic street 

Flatbush avenue 

Henry street 

Union street 

Fulton avenue Improved Belgian . . . . 

Hanson Place ' Miller 

Seventh avenue Improved Scrimshaw . 

do 

ISriller 

Kieolson 

Iin])roved Scrimshaw . 

Improved Belgian 

Scharf 

Impioved Scrimshaw . 

Improved Belgian 

Do Golyer . . . . 

Improved Belgian 

do 

do 

do 



Saekett street 

Fort Greene Place . . . 

Saint Felix street... 

Deuraw street 

Atlantic street 

Division avenue 

Sixth avenue 

Court street 

Fourth street, (E. D.) 

Henry .«t!eet 

Myrtle avenue 

Lafayette avenue 

Atlaiitic avenue 



s 


2? 

III 


186!) 
186!) 


S4 50 
3 29 


186!) 


4 50 


1869 


4 50 


]86!> 


3 00 


186!) 


3 43 


188!) 


4 50 


1869 


4 90 


1869 


4 50 


1869 


4 90 


1869 


3 78 


1869 


4 50 


1869 


3 33 


1869 


3*19 


1869- 


4 50 


1869 


3 00 


lt^69 


3 19 


1869 


5 75 


1870 


4 90 


1870 


3 50 


1870 


3 50 


1870 


4 90 


1870 


4 50 


1870 


3 50 


1870 


5 75 


1870 


3 50 


1871 


3 50 


1871 


5 75 


1871 


5 00 


1-ir.i 


4 30 


1873 


3 82 


1873 


3 74 


1873 


3 65 



§1 



o k bo 

o « a 



$0 50 

" "so 

50 



50 



The improved Belgian pavement, previous to 1873, was laid bj' Mr. Guidet under his patent. Durinj 
1-^73 the contracts have been given to the lowest bidder. 

VAN BKUNT BERGEN, 

Ansistant Engineer. 



Office of thk Ciiiff Enginkkb .vnd Suhvkyoi!, 

224 Sonth Fifth Street, I'hUadclphiu, Fchrnarij 24, 1874. 
Hon. A. R. SilKPiiKKn, (iovernor District of Colnmlna : 

Dkau Sik : The construction of sewers in this city is open to compclitioii. Brick 
sewers, three feet in dianietcM, circular in form, are built by the lintiar foot, the i)rice8 
ranging from .^2 to !S!4. .">(!, which includes the furuisjiing of nuiterial, excavating, and 
rei>aving the street. Main sewers, exceeding three feet in diameter, arc built by the 
Item. 



1812 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

I present you the averaj^e ol a number of bids, offered by contractors for tbree maiu 
sewers, duriug tlio last year. 

Clearfield- Mantua- AYood- 

street sewer, street sewer, creek sewer. 

Earth-excavation, per cubic yard $0 39 $0 41 $108 

Rock-excavation, per cubic yard 1 45 1 62 1 50 

Rough rubble masonry, per perch 3 80 3 98 

Brick-worlv, laid, per thousand 16 87 16 61 24 16 

Cast-iron inlet, including neck, each 192 50 192 33 

Well-holes, per linear foot 15 60 13 40 

Man-holes, 2| feet diameter, including cover, each. .. 71 25 72 .50 96 66 
Very truly, 

SAM'L. L. SMEDLEY, 

Chief Engineer and Surreijo): 

Department of Highways, Bkidges, Sewers, &c., 

Office of Chief Commissioner, 

No. 104 South Fifth Street, "Philadelphia, February 24, 1874. 
I hereby certify that the following is a correct statement of the prices paid in this 
city for the wo^-k below enumerated : 

Cut granite curb, and setting the sauie, per foot $1 75 to $2 25 

Brick foot-ways, ( with ordinary bricks, ) per yard 1 25 

Wooden pavement, (Nicolsou,) not treated, per yard 2 00 

Belgian pavement, best Massachusetts blocks, per yard 3 25 

Belgian pavement, second quality blocks, per yard 2 75 to 3 00 

Cobble pavement, best water-stone, per yard 1 25 

M. H. DICKINSON, 
Chief Commissioner of Hiijhways, VhiladelpMa. 
Gov. A. R. Shepherd, 

Washington, D. C. 

Sewer Department, City Hall, 

Boston, February 24, 1874. 
The cost of Scotch jiipe laid in this city is from $2 to $3 per foot, everything included. 
The only sizes used are 12 and 15 inch. 

Brick se vrers cost from $25 to $30 per thousand after the trench is excavated. Trench- 
ing is very uncertain, varying, with the character of the street, from $2 to $20 per foot. 

W. H. BRADLEY, 
Superintendent and Engineer. 

Boston, February 24, 1874. 
This is to certify that the above-named W. H. Bradley is superintendent of sewers 
of the city of Boston at the present time. 

JOHN T. CLARK, 
Chairman of Board of Aldermen. 

Office of the Superintendent of Streets, 

City Hall, Boston, February 24, 1874. 
Dear Sir: In answer to your inquiries in regard to the cost of pavements used in 
this city, I reply as follows : 

For granite-block pavement the city furnishes the blocks and gravel and contracts 
with master-pavers to lay the same. The cost of the blocks delivered upon the streets 
is $2.80 per square yard ; cost of gravel, required for bed and covering, about 35 cents 
per square yard ; paver's price for laying blocks and spreading gravel in bed and cov^- 
ering, about 35 cents per square yard; making total cost about $3.50 per square yard. 
The grading of tlie road-bed and preparing foundation by rolling and pu(hlliiig isdoue 
by workmen in the employ of the city ; the cost, d('i)ending upon the character of the 
material, distance of hauling, &c., varies from 30 to 75 cents per cubic yard. 

For wood pavement the city prepares the road-bed, as in stone pavement, and con- 
tracts with parties for furnishing and laying the wooden blocks, and furnishing and 
spreading the gravel for road-bed, and covering. The price paid contractors during 
the year 1873 was from $2.17^ to $2.31 per square yard. The wood was burnettized 
spruce, laid, without flooring, directly upon the sand or gravel-bed; the interstices be- 
tween the blocks tilled with sand or pebbles. 
I remain, very respectfully, yours, &c., 

CHARLES HARRIS, 
Superintendent of Streets. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1813 

P. S. — The cost of brick sidewalks in this city »lurin<»; the year ISTo was §1.50 per 
square yard. 

The cost of granite curb-stones was 72 cents per linear foot delivered upon the 
street, costinj-- when laid about >!l per linear foot. 

The cost of i^rading streets, where there is a depth of several feet of cutting or 
tillin<;-, vari(>s from lifty cents to one dollar per cubic yard. 
Yours, 

CHARLES HARRIS, 
>Siipei'i)it('iidciif of Streets. 
Colonel Yandkiujerg. 

Boston, Fthruury 24, 1874. 
This is to certify that the above named Charles Harris is superintendent of streets 
of the citv of Boston at the jiresent time. 

JOHN T. CLARK, 
Chairman of Board of AMirmen. 

City Commissioner's Oifice, 

Baltimore, '.Mst March, 1874. 
Sir : In rei)ly to your inquiry of 28th instant, which has been referred to this office 
by the mayor, 1 be<;' leave to offer the followinj;: 

The cost of jirafling strt-ets is from 25 to 50 cents per cubic yai'd, according to the 
distance that the material has to be hauled. No allowance is made for depositing it 
el St- where. 

Streets are rarely graveled in this city. Cobble-stone pavements, iiichuling material 
and woik. cost from Gli to HO cents ])er scjuare yard. 

Relaying cobble-stone jiav( inent. from :i() to 40 cents per square j'ard. 
Setting 4-ineh enrb-st.,ue, from 10 to 12 cents per linear foot; circular curb-stone, 15 
cents [)er linear foot. 

Only a small surface has been laid with the Nicolson wooden pavement. It cost $4 
per yard. 

Only a small surface of the Gralianiite asphalt pavement has been laid, costing $4.16 
per yard. 

No concrete pavement has been laid by the city. One square has been laid by the 
Baltimore and Ohio Railroad Company. I have no information as to the cost. 

None of our streets are macadamized, and we have had no rock-excavation in the 
beds of the streets. 

Sewers are 1)uilt complete, including excavation, &c., either by the running foot or 
by the job, by contract. 

The pavements are laid on the sidewalks by the owners of the property fronting on 
the streets. 

Yours, respectfully, 

J. H. TEGMEYER, 

Ci ty Commifitiioner. 
Franki.ix T. Howk, I<]sq., 

Chief Clerk Board of PubHc J forks, J\'ashi)i<jioii, D. C. 

[XOTICF..— Contr.ictors are particularly reqiiestofl to take notice of certain cbaiip;es wbich have been 
• made in the specilications before putting tbeir bids in the estimate-box.] 

Department of PciiMC Woijks. 1873. 

To contractors. — No. — . 

Seirrrs i)i Xi net y- fifth and Ninety eiyhth sfrrcln, hefirern First and Third arennes, and in First 
(trenne, between Ninety-fiftit and One Hundredth streets, with branches. 

Si'aled iirojtos.-ils for the above work, indorsed with the above title, also with the 
name of the person or ])ersiins making the same and the <lat(,' of its |>reseMtati(in. will 
be received ;it the ollice of the d<'i)artment of ])iibli(! works until 12 o'clock m. of Octo- 
ber 22, l^7A, at which hour tlni bids will be pnlilicly opened and read, and the award 
of the contract made to the lowest liidiler with ade(jinite s('curity. The jierson or 
persons to whom the ectntract may Ije awarded will bo rc^qnired t(t atteml at this ollice 
with the sureties oflered by him or thi^ni, and execute the contract within three days 
from the date of the award; and in ca.se of failure or neglect so to do. he or th<\v will 
be considered as having altandoned it, and as in default to the corporation, and there- 
U]ion the work will be re-advertised and relet, and so (mi until the conlrart lur accepted 
and executed. The work to conjnieuce at such time as the commissioner of pnblio 
works may designate. 



1814 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

N. B. — Tlio prices must be written in the bid, and also stated in fignres, and all pro- 
posals will be considered as informal which contain bids not called for in the adver- 
tisement, or which are not stamped in accordance with the United States iuterual- 
revenne-tax law. Permission will not be given for the withdrawal of any bid or pro- 
posal. 

Bidders are reiinired to state in their proposals, under oath, their names and phices 
of residence, the names of all persons interested with them, and if no other person be 
so interested, they shall distinctly stafe the fact: also, that it is made without any 
connection with any other person making any estinuite for the above work, and that 
it is in all respects fair, and without collusion or fraud ; and also that no member of 
the common council, head of a department, chief of a bureau, deputy thereof, or clerk 
therein, or other officer of the corporation, is directly or indirectly interested therein, 
or in supplies or work to which it relates, or in any portion of the profits thereof. 

Each proposal shall be accompanied hy the consent, in writing, of two householders 
or freeholders of the city of New York, with their respective places of hmincss or residence, 
to the effect that if the contract be awarded to the person making the bid they will, 
on its being so awarded, become bound as his sureties for its faithful performance ; 
and that if he shall omit or refuse to execute the same they will pay to the corporation 
any difference between the sum to which he would be entitled on its completion, and 
that which the corpoi'ation may be obliged to pay to any higher bidder to whom the 
contract may be awarded at any subsequent letting ; the consent above mentioned shall 
be accomi)auied by the oath, in writing, of the person si2;uing the same, taken before 
a judge of any court of record in this county, that each is a householder or freeholder 
in the city of New York, and is worth the amount of the security required for the 
above work over arid above all his debts of every nature, and over and above hid lia- 
lilities as hail, surefi/, or otherwise; that he has offered himself as surety in good faith 
and with an intention to execute the bond required by section 27, article 2, chapter viii, 
of the Revised Ordinances of 1859 of the Municipal Government of the City of New 
York, au(1 prescribing their powers and duties. The adequacy and sufficiency of the 
sureties offered to be determined by the comjitroller. 

The engineer's estimate of work and materials by which the bids will be tested is 
as follows, to wit : 

4,035 linear feet of sewer, viz : 

2,105 linear feet of brick sewer, of 4 feet 6 inches by 5 feet interior ? Class I. 

diameters, as per section marked A on the plan of the Avork. 5 2,105 linear feet. 

760 linear feet of brick sewer, egg-shaped, of 4 feet by 2 feet 8^ 
inches interior diameters, as per section marked B on the 
plan of the work. ~ I CiassII. 

980 linear feet of brick sewer, egg-shaped, of 3 feet 7i inches by 2 )■ ^ 930 linear "feet, 
feet 4f inches interior diameters, as per section marked C on | ' " 
the plan of the work. I 

190 linear feet of pipe-sewer, of 15 inches iuterior'diameter. J 

4,035 

100 linear feet of 15-inch-pipe culvert. 
4 receiving-basins. 
2,500 spruce or pine piles. 

N. B. — The above-estimated quantities are approximate, and -bidders are notified 
that the commissioner of public w^orks reserves the right to increase or diminish the 
gross length of the sewers, culverts, and drains, or any part thereof, the number of 
basins, piles, or amount of f'.undation-plank, and that no allowance will be made 
in case of increase thereof for any sum above the prices bid. nor in case of decrease 
for any real or sui)posed damage or loss of profit occasioned by such diminution. The 
time bid for the completion of the work will be luoportionately increased or diminished. 

N. B. — Most of the sewers will require an embankment of earth-filling to cover them, 
for which no extra allowance is to be made. (See section 9 of the specifications.) 

N. B. — Bidders will examine for ttiemselves the location of the proposed work, that 
no misunderstanding may exist in regard to the depth or nature of the excavations to 
be made or the work to be done. 

N. B. — All the sewer and culvert pipe, inverts, house-connection pipe, and man-hole 
frames and covers required for the work must be purchased and received by the con- 
tractor from the commissioner of public works, at the prices mentiojjed in section 27, 
paragraph (w) of the annexed agreement. 

The amount of security required is fifty thousand dollars. 

Bidders will state a price, per linear foot, for each class of sewer as above designated, 
which price is to include the prices to be paid by him to the commissioner of public 
■works for the necessary sewer and culvert pipe, inverts, house-connection pipe, and 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1815 

man-hole frames and covers, and also the t'uinishin^- of all the necessary materials and 
labor, and the jierformanet' of tlu' A\hol(! of the work mentioned in the speeilieation 
annexed, (exicjitin;; only such parts of the "oik for which a speeiiie price is to b(i bid,) 
inchulinj^ all pnmping and bailing, earth-lillini;; and embankment, and inclndinf;- all 
exj)enses incurred by or in eousecineneo of a faithful compliances with each and everj' 
of the requirements of the af;reenuint, and for well and faithfully completiuj^- the whole 
of said work in the manner therein specified. 

Also, the [»rice jier linear foot for euhert. "^ 

Also, the price for each receivinji-b;isin, eomi)lete. 

x\.lsi>, the price per pile for each pih^ fiirnislied and driven. 

And also the time required for the completion of the whole work, which w ill be 
tested by the rate of s4 per day. 

It biMug understood that the time so bid, with the time allowed for rock-excavation, 
refers to the af;<i;rejfate time ot all the inspiictors who may be a)>poiuted on thi; work, 
(see speeilieation 1, i)araij;raph <?,) and not to single cons(!cutive days: and that the 
penalty s[teeiried in covenant (K) will be exacted i'or each and every <lay tliat the said 
aggregate time of all the inspectors, who may be employed on the work, may exceed 
the time stipulated in the bid for the completion of the whole work. 

For roek-excavation, where drilling and blasting is necessary, ^4 ))er cubic yard will 
be allowed, and for removing the same without l)lasting, when necessary tor the pres- 
ervation of tlie main water-pipe from injury, the sum of .'~;5 |)er cultic yard will be al- 
lowed ; in each case the measurement to be as provided for in the agreement. The 
prices to include the removal of the rock excavated from tluj line of the work, and 
with the extension of time when rock is encountered, as mentioned in the agreement, 
are intended to cover all the contingent expenses of rock-excavation ; consequently, 
no other allowance or extension of time on such account will in any case be made. 

Concrete, uia<le in accordance with section IS, in the specifications, is to be laid whei"e 
required, for which s5 per cubic; yard will be allowed when such concrete is not shown 
in the sections of the sewers. This price is intended to cover all contingent expenses 
connected with extra concreting. 

X. B. — No soft Of (U Kin I (grated rock ivhich can be removed with a pick, nor (ini/ boivhlcrs or 
loose rock in rock-filVuujii, or rock exterior to the lines of measureinint alloiced, which may 
have been previously loosened by the excavation of trenches for water-pipes or other purposes, to 
he measured or allowed for as rock. 

A strict compliance with the provisions of '• Chap. VIII., Art. II.'' Revised Ordi- 
nances of ld59, ot the municipal government, will be observed and required in all 
cases. 

Bidders are informed that no deviation from the specification will be allowed, unless 
a written permission shall previously have been obtained from this department. 

Bidd<;rs are specially notified ili;\f, the connnissioner of pnitlic works reserves the 
right to deteiniiue the times and places for commeneingand ])rosecuting the work, and 
that ]>ost]>onement m- delay on the whole, or any part tlusreof, occasit)ned by the prece- 
dence of paving or other contracts, can constitute no claim for d;»mages. 

IJidders are also mttified that the trenches for tin; sewers must be kept entirelj' free 
from water while the foundation and nnisonry is being laid. 

The right to decline all the proposals is reserved, if deemed for the interest of the 
corporation ; and no proposal will be accepted from, or contract awarded to, any per- 
son who is in arrears to the corporation, upon debt or contract, or who is a defaulter, 
as security or otherwise, upon any obligation to the corporation. 

Blank forms of proposals can be obtained on application to the contract-clerk at this 
office. 

The form of agreement, iucludiug the specification, and showing the mode of pay- 
ment for the work, is annexed. 

GEO. M. VAN NORT, 
Commissioner of I'nidic Works. 

OriU'K Dki'ahtmf.nt of Public Wohks, October 9, 187:5. 

187.J. — Xo. — . Form of agreement to he executed In (lup}'n-nte for the 
eonstruction of seicers in Ninety-fif'tli and Xinctii-cif/Jifh .streets, hotircen 
Fir.st and Third avenues, and in First acenue, Iteta-een Xintty-Jifth and 
One Hundredth streets, with branches. 

This agreement, made and concluded this day of . 

in the year Ifil'.t, by and between tlm mayor, ahlermen, and eonnMoualty 
of the. city of New Ycuk, by the commissioner of public- works of tluj 
first i)art; and , of said city, contractoi', of tin? second parr : 

Witm-sseth, that the said party of the second part has agreed, and by 
these i)res(!nts does agri-e, with the sanl ]iarties ut' the first part, for tlu; 
consideration hereinafter mentioned and contained, and under the 
penalty expressed in a bond bearing even date with these [iresents, and 



1816 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

Leieuuto anuexed, to furuisb, at his own proper cost and expense, 
all the u(^cessary materials and labor, and to excavate for, build, 
and complete in a good, firm, and substantial manner, sewers in 
Niuetj'-fifth and Ninety- eighth streets, between First and Third avenues, 
and in First avenue, between Ninety-fifth and One Hundredth streets, 
with branches, of the dimensions, in the manner, and under the condi- 
tions hereinafter specified, and has further agreed that the said com- 
missioner shall be, and is hereby, authorized to appoint such person or 
2)ersous as he may deem proper to inspect the materials to be furnished 
and the work to be done under this agreement, aud to see that the same 
correspond with the specification hereinafter set forth, to wit: 

Speeification. 

Locatiou of 1. (rt) All sewers to be of the dimensions, and laid on the location shown 
sewers. ^jj ^jj^, Tplau of the work. All man-holes to be carried up fully to the 

established grade. 

All necessary bull's-eyes or spurs for connection of branch sewers, 
whether of brirk or pipe, are to be built in the proposed sewei"s at the 
points indicated on the plan of the work, without extra charge therefor. 

There are two classes of sewers under this agreement: Class I com- 
prises section A as designated and shown on the plan of the work, aud 
Class II all other sections aud kinds of sewers shown and included in 
said plan. 

All the mason-work throughout, whether of brick or stone, will be 
laid in cemeut mortar, made and laid as described in these specifications. 

All the trenches, while the foundations are being laid and the masonry 
being constructed, must be kept entirely free from water, at the con- 
tractor's expense, and the sides of the excavations must in all cases be 
strongly and thornngblj' sheeted and shored. 

At the point of discharge the sewer must be protected. by rubble ma- 
sonry backing, laid in cement or otherwise, aud to such a length or dis- 
tance, not exceeding teu feet from the mouth, as shall be determined by 
the engineer. 

Wherever the proposed sewers follow the line and occupy the place 
of, or iuteVcept any existing sewers or culverts, the contractor will be 
required to make the same good and reconnect such drains or connec- 
tions as he may be directed to do by the engineer, without extra charge 
therefor. And all sewers, drains, basins, or culverts rendered unneces- 
sary, or becoming disused by the construction of the work herein con- 
templated, must be filled in and made solid with good, wholesome earth, 
without extra charge therefor. 

T\^p commissioner of public works reserves the right to increase or 
diminish the gross length of the sewers and branches, culverts, draius, 
number of basins, piles, and quantity of foundation plank, contained 
within the limits of said plan to the extent he may deem necessary, and 
no additional prices above the contract-prices in case of increase, nor 
no compensation for damage or loss of profit in case of decrease, in the 
gross length or any part thereof, will be allowed or paid by the said 
commissioner; it being also expressly understood that the time stipu- 
lated for the completion of the work will be proportionately increased 
or diminished. 
Materials. {h) All the materials furnished, and all the work done, which, in the 

opinion of said commissioner, shall not be in accordance with tliis speci- 
fication, shall be immediately removed, and other materials furnished, 
and work done that shall be in accordance therewith. 
"Worlv to be (<■) The work under this agreement is to be prosecuted at and from as 
prosecutecl -n-lipre many different points, at such times and in such part or parts of the 
rocts'amUiiTpec- *^ti'^®*s '^"'^ avenues on the line of the work, and with such force as the 
tors appointed. ^'^^^ commissioner may from time to time, during the progress of the 
work, determine; at each of which points an inspector will be placed 
to supervise the same, whether such work be connected with the sewer, 
the receiving-basins, or with the culverts. The aggregate time of all 
the inspectors so employed will be the time with which the time stipu- 
lated for the completion of the work under this agreement will be com- 
pared. The inspectors will be ^laid each at the rate of four dollars per 
day. 

And it is further agreed, that should postponement or delay be occa- 
sioned by the preeedeuce of paving or other contracts on the line of the 
work, no claim for damages therefor shall be made or allowed. 

(d) The sewers are to be built of the materials, sizes, and dimeusions, 



TESTIMONY OF ALEXANDEll R. SHEPHERD. 1817 

with the coniK'ctions, on the lines, at the depths, and in the nuinner To l»i l^'ilt as 
shown on a phin dated September I, 1H73, tik'd at the office of the com- Xn of the work! 
niis.sioner of puhlie works, and approved by him, entith'd "Sewers lu 
Ninety liftli and Ninetv-ei<ihtli streets, between First ancFriiird avennes, 
and ill First avenue, between Ninety-lit'th and One 11 nnchedth streets, 
witli branches." 

The eoiinectionswith the present sewers are to be made in aworkinan- 
like manner. Wherever the projiosed sewers connect with man-holes into 
which ])ipes of unsuitable size for .snch connections have been inserted the 
same shall be carefully taken out, and the new connections made with- 
out injiirin;;- the man-holes. The ends of all sewers, curves, bull's-eyes, 
and spurs to lie securely closed with brick masonry or ajiproved stone- 
ware covers. All the "sewers and culvert-pipe, inverts, honse-couuec- 
tioii pipe, and man-hole frames and covers will be furnished to the con- 
tractor by the said commissioner at his yards, in accordance Avith the 
scale of prices designated in section 27, paragraph (h) of these specifi- 

((') Ihick man-holes are to be built at such points on the line of the ,info1-"ptpeiewen 
pipe-sewers as the said commissioner may direct, in accordance with the 
provision of section 29, paragraph (a) of these specilications. Man-holos on 

Brick man-holes shall be wcu-ked in the arch of the brick sewers, as unp of brick sew- 
provided in paragraph (h) of the said section. er. 

(/■) New receiving-basins, with connecting culverts, more or less, shall Receiving • b a- 
be built as provided in sections W and 'M of these specilications. sum. 

TKENX'IIKS. 

2. The ground shall be excavated in open trenches to the necessary 
width and depth. 

Tl e trencher shall be one foot wider on each side than the sewers in- " I'ltn. 
tended to be laid in them, at the point of their greatest external diam- 
eter, and the bottom of the trenches shall be excavated to the exact 
form and size of the lower half of the sewers, where required by the 
commissioner of jmblic works. 

No tunneling will be allowed except by consent of the said commis- No tuuneling. 
sioner. 

The sides of the excavation shall be supported by suitable planking Shoring. 
and shoring wherevernecessary, but no allowance will be made therefor, 
and in all cases the same to be drawn as the work progresses. 

All irregularities in the bottom of the trenches shall be filled up to ^^^/^'^^'/^l^'-'J^^'j^^ *** 
tlii^ nMiuired level, with gravel or clean sand, tirmly rammed in ; and 
where the ground does not afford a sufficiently solid foundation, the 
contractor shall excavate the trench to such increased dejtth as the en- 
gineer may decide to be necessary, atid shall then bring it u]i to the re- 
(|uired level and form with snch material and in snch manner as the 
engineer shall determine. 

:^. Tiie contractor shall grub and clear the surface over the trench, Grubbing and 
whi;r<^ver it may be necessary, and remove from the ground all surplus ''^*-'"^'°»- 
material, of whatever nature or kind, without additional com])ensation. 

4. Tile materials excavated shall Vie laid compactly on the side of the Three feet of 
trench, and kept trimmed up so as to be of as little inconvenience as ?''j!''^,.'^ 
possilile to the public travel or the adjoining tenants; in case the street 
is not wide (Miough to throw the dirt without stojiping the passage-way 
on the sidewalk, the contractor shall, at his own expense, erect a board 
fence and keep a passage open on the said sidewalk of not less than three 
fet;t wide. 

.0. No more than one hundred feet of trench shall be oi>ened at any one Length ot 
tinu! in advance of the complete building of the sewers, unless by writ- trench to be 
ten order of the said commissioner, and for the distance therein "'^'^" 
siiecilied. 

On the completion of each section of one hundred fi^et of sewer, the Surplus mate- 
regrading, repaving, or remacadamizing, and rt'<-oucreting (made and^'"^^" "" "^" 
ajijilifd as di-scribi'd in section IH of these siiec'fications.) ;is the case '""^ 
iiijiy be, over tlu' sanity shall be coniph^ted, and all surplus earth, sand, 
or rubliish on that st^ction be imnuMliately removed to such places on the 
line <if tlu! work as the engineiu- shall direct. 

(i. Til(^ contractor shall, at his own expense, luimi) out or otherwise T^'ujU>i"Ji i*"" 
removi' any water wliieh may be fonud, or shall accumulate in the " "' 
tren<'li, and shall foiiii all dams or other woiks necess;irv for keei»ing 
the excavation clear of water during the progress of the work. 



1818 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Quicksand. When ruiiniii<T sand, (inicksaucl, or other bad or treacherous grouud is 

encountered, the work shall be carried on with the utmost vigor, and 
shall be proceeded with day and night, should the commissioner so re- 
quire. 

Brains, &c., in- 7. The contractor shall provide forthe flowof sewers, drains, or water- 

terrupted. courses interrupted during the progress of the work, and shall restore 

and make good all connections, and shall immediately cart away and 

remove all offensive matter, with such precautious as may be directed 

by the engineer. 

HOCK-EXCAVATION. 

Form of prism. 8. When rock is to be excavated, it shall be fully taken out thirty feet 
in advance of the laying of the sewers, and sis inches below the grade 
of the outer bottom of the sewers, and the trench then filled up to the 
level of that grade with clean, sliarp sand, and thoroughly rammed and 
made solid. The trench shall be one foot wider on each side of the 
sewer intended to be laid in it, at the point of its greatest external 
diameter, provided that it shall in no case be of less width than four 
feet six inches, and from this point to the bottom of the trench the sides 
shall be vertical; and also from the same point the sides of the trench 
shall be sloped upward in the proportion of three inches horizontal to 
one foot vertical, and so continued until the trench has a width of 
twelve feet ; thence to the surface tlie sides are to be carried up vertical, 

er exceeds ''trn ^"*^ .^* ^ width of twelve feet. In case the width of the sewer exceeds 

feet in width. ten feet, the trench shall be excavated one foot wider on each side than 
the greatest width of the sewer, ami the sides of the trench siiall be 
carried up vertically at that width to the surface. No rock outside of 
the lines above described will be estinuited or allowed. 
Blast to be pro- j,j g^u cases of rock-blasting, the blast to be carefully covered with 
heavy timber, according to the ordinances of the common council rela- 
tive to rock-blasting, and the material so excavated to be immediately 
removed from the ground. 

tereectln<?trench Where a line of water-pipe intersects the trench, any rock-excavation 

° ■ within five feet thereof shall be removed without blasting. 

Eocktobestrip- Wherever rock is encountered in excavating the trench, it shall be 

nfeDt.°' measure- g^j-ippg^^ ^f g^rth in sections of not less than fifty feet, and the engineer 
in charge duly notified, in order that he may mea.sure or cross-.section 
the same; and all the rock excavated or blasted out before such meas- 
urement is made will not be estimated or allowed. 
Soft or disinte- j^q soft or disintegrated rook which may be removed with a pick, aud 

not to^beallo we'd"*' bowlders or loose rook in rock fillings or elsewhere, and no rock 
whatsoever outside the Hues of the trench which may have been pre- 
viously loosened in excavating for water-pipes, or other purposes, and 
which, by reason of such loosening, may fall into the trench, will be 
measured or allowed. 

EMBANKMENT. 

Widtliand slope. 9. Where embankment may be found necessary to support the founda- 
tion of the sewers, it shall be made of the width and slopes shown on 
Grubbed and the plan of the work. The ground shall be prepared by carefully grub- 
cleared, bing and clearing it, removing all loose rock or stone, and all muck or 
improper material of whatever nature; the embankment shall then be 
formed of good loam, gravel, or sand, free from all stones of above four 
inches in diameter, and of those below that "size iu a proportion not to 
exceed one part of stone to three parts of earth, in any place. The ma- 
How made. terial is to be deposited iu layers of not more than nine inches iu thick- 
ness; each layer to be separately compacted by heavy iron rollers, and 
where they cannot be used, by heavy pavior's rammers. 
Inequalities. No breaks or irregularities in the distribution of the material or form- 
ation of the layers will be allowed, and the whole embankment is to be 
carried up evenly, aud so as to make a c )mpact and solid foundaiion. 
The sewer will be placed thereon, and it must iu all cases be covered at 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1819 

least three feet deep over its top with earth, in layers as al)ove de- 
scribed, of the widths and slopes sliowii on the plan oftiie work. 

Tile endjanliMient sliall he carried np to the hei<;ht of the sprinpiinf!: 
line of the npi)er arch of the sewer, in sections of at least one hnndred 
feet in len<;th, before the sewer, or any part of it, is constructed, and the 
trench subsequently excavated for the sewer in accordance with the 
spt^eiticatiou for treneiies. 

Tiiat ]>ait ol'the einbankinent required to Ix- made before the sewer is 
coniineiiced shall be carried on leni;thwise of tlie silver in one layer, and 
the (Mnl)anknieiit on the center line of tlie sewer shall be kept at least 
twenty-iive feet in advance of the extreme outer side of the embankment. 

The remainder of the embankment shall he made in horizontal layers 
of not more Ih^n nine inches in thickness, as above described. 

All man-holes are to be carried u[» to tiieir full height, as described in 
section '29 of these specilications, and are to be similarly co\ered and 
protected f(U' a thickness of at least three feet around tlie shaft tlieieof. 

Reeeivinu;-basiiis, with their couneetinnj culverts, are to be similarly 
carried uj) and covered and protected, when so ordered by tlu.' com- 
missioner of i)ublic works. 

Wiiere the trenches do not furni.sh suflficient material of the proper ffi ■ t 

quality, the contractor shall procure and supply' such deficiency at his ^^(^"j.jjjj^" "^'^ 
own cost and exi)ense. 

KKI'ILLIXO. 

10. After the sewer, with its required foundation, is laid or Ijuilt, the j.,., .^j. tonjj. 
work shall be backed in, and carefully packed and rammed, by trusty ^i„i trusty meu. 
persons, under and around the sewer, with ])roper material and with 

proper tools. In reiilling, the earth or sand shall be faithfully rammed Thickness of 
as the work proj^resses, and in no ease shall the number of men back- lavers. 
tilling be more than twice the number of those ramming, nor shall tlie 
layers in any case exceed nine inches in thickness. 

11. As the trenches are filled in, and the work completed, the con- Kemovalofsur- 
tractor shall cart away or remove all surplus earth, stone, or other ma- P^"** material, 
terial from the ground, or to sucli places on the line of the work as the 

engineei' shall direct, and leave all roads and places free, clear, and in 
good onler ; and in case this is neglected, he will be allowed twelve 
hours only to remove the same aft(!r a written notitication of his failure 
or neglect, when it will be done by the department of public works at 
his cost and expense. 

I'i. The re-tilling in all cases shall be of good loam, sand, or gravel, Kind of earth 
free from stones of above four inches in diameter, and in kind and pro- to be used, 
portion not to exceed that required in section of these specilications. 
For a height of at least oin', and a half feet above the top of all pipe- Free from stones, 
sewers the matiMial shall be entirely free from stones. ^ . 

Where pii)e-sewers are used especial precaution will be required. The sewers are used, 
earth must be carefully laid in so as not to disturb them, and tamped 
and solidly rammed down under and around the pi[)es, with proper tools 
made for this purpose. The trench shall then Ix; lilled by layers, as 
above de.seriiied, and the first layers to a point at least nine inches above 
the top of the pipe shall be carefully thrown in with shovels, and not 
from liarrows or carts. In all cases of rock-excavation, clean sharp sand 
must be provided, and re-filled in the manner above described, for a 
height of at least fifteen inches above the top of the i)ipe. 

1:5. Should there be a deficiency of projier material for re-filling, the Deflcioncv of 
contractor will be required to furnish the same at his own cost and material, 
charge ; and in all ca.ses the streets or avenues must be re-filled to the 
same height as previously exi.sted, unless the comyiissiouer of public 
works shall direct otherwise. 

HUICK M.VSOXKV. 

14. (a) In the construction of brick masonry, none but the best Q"'ihty of bricks. 

(piality of wholc! North River bricks, burned hard entirely through, will 

be used ; they are ti> \)i: culled as they are brought upon the ground, 

and all bats and all bricks of improper quality are to be immediately 

removed from the work. 

(h) Tilt! bricks are to he thoroughly wet bv immersion imnuMliatelv be- ^^'''?''^. *", *"* 
,• 1 • I' 1 -^^L 1 'i • 1 1 1- II 1 ■■ 1 • wet Itrtoro lav- 

tore laying, hvery second course is to ha laid bj' line. Every brick is j„j, ^,,,1 j,, ^■^[^^ 

required to be laid in a full joint of mortar, made as described in sections beds of mortar. 



1820 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Ifi and 17 of these fipecificatious, ou its beds, ends, and sides, at one oper- 
ation. In no case is mortar to be slushed or grouted in afterward. 
(e) All inverts, or bottom curves, arc to be worked from profiles aecu- 
Inverts. rately made according to the dimension of the sewer, and correctly set 

according to the grades furnished. Vitified stoneware inverts will be 
used when required by the commissioner of public works. 
To be laid by The brick are to be neatly and truly laid by line, and the joints to be 
'"^- carefully struck on the inside. The bands in all cases to be formed as 

shown on the sections. 
Centers. (f?) The upper curves or arches to be formed on strong centers of cor- 

rect form and dimensions, according to the sizes and shapes required. 
The centers shall not be removed or withdrawn until the work is thor- 
oughly set and the filling of earth is properly put in to a line which is 
at least half-way from the springing line to the crown of the arch. 
Crown of the The brick are to be laid true and by line ; the crown is to be keyed 
a™'^- with stretchers in full joints of mortar. The centers are to be dra wu or 

struck with care, so as not to crack or injure the work. 
Fresh work {(') All fi'esh work must be carefully protected from injury in any way. 
protected. j^q wheeling nor walking on it will be allowed, and any portion injured 

must be re-laid by the contractor. 
Courses racked (/) All brick- work, as it progresses, must be racked back in courses, 
^^'^^- and in no case will it be allowed to be toothed, unless by special per- 

mission in writing from the engineer. 
Vitrified sewer 15. Vitrified sewer-pipes or spurs, equal iu every respect to those 
F1"^]^?J,®P"''^^° described iu sections 20 and 27 of these specificarions, and of not less 
^all. than six inches interior diameter, and of sufficient length to project at 

least four inches beyond their exterior, are to be worked into the walls 
of the sewers at an angle of about forty-five degrees, and iu the direc- 
tion of the flow of the current. They are to be built iu opposite each 
How built ill. house, and, where there are no houses, at an average distance apart of 
seven and one-half feet opposite all lot-fronts ; they are to be so set 
that their inner ends will be flush with the inner face of the sewer, 
which end must be molded or trimmed to the same curve. They are 
to be set at such height in the walls as the engineer may direct, and 
each pipe or spur is to be closed outside by inserting an eartheu ware 
cover made for the purpose. 

All pipe branches or lateral sewers are to be similarly furnished and 
built iu, where required. 

MORTAR. 

How made. iQ_ j^\\ mortar is to be composed of one part of fresh-ground hydraulic 

cement, of the best quality, and two parts of clean, sharp sand, entirely 

free from loam. It is to be carefully and thoroughly mixed dry, and a 

sufficient quantity of wattu' is to be afterward added to make it of 

good consistency. The mortar is to be mixed in no greater quantity 

than is required for the work iu hand. Any excess that may be left 

over at night, or that may have been standing longer than two hours, 

is not to be re-tempered and used in anj' way. 

No mortar of improp&r quality will be allowed to be used in the work. 

17. All cement furnished by tiiecoutractor will besabjectt ) iaspection 

Cement, i t s ^^id test bef )re it is used, and, if found of improper quality, must be iin- 

quahty and test, mediately removed from the work. 

The contractor will be required to furnish the engineer or inspector 

full facilities for examining and tesfiug all cement brought, upon the 

ground, and the engineer is to decide upon the character and severity of 

the test to be applied. 

To be protect- When cement is accepted, if u >t immediately used, it munt be pro- 

e d f r cm the tected from the weather and kept dry, and iu no case will it be allowed 

weather. ^q be placed upon the ground witliont blockings under the barrels. 

Mortar-box ^^^ mortar must be mixed in a proper box made for the purpose, and 

iti no case upon the pavement or ground. 

^^ ^ ^ Both cement and sand are to be, in all cases, measured in the propor- 

Neat cement, j.- i • i 

tions above required. 

When necessary, in the opinion of the engineer, cement alone, without 

any admixture of sand, will be used. 

CONCRETE. 

How made ^^' Where concrete is-requiied, it shall be composed of one part of mortar 

(made In the the proportions above described) and two and one-half 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1821 

parts of clean, sharp fjjravt'l, or of clean stone, free from dnst or dirt, and 
broken so as to pass in every way tiiroiif^h a two-inch ring. It shall be 
qniekly and thoroughly mixed in a box made for that purpose, and de- 
posited in layers of not less than four nor more than nine inches in thick- a.^prs. 
uess, and may be settled into its place by slightly raumiiug sufficiently 
to Hush tlie mortar to tlu) surface. 

When in place, all wlieeling, working, or walking ou or over it must nq workinf on 
be ])revented until it is sutiieiently set. it. 

When connection is to be made with any layer, set or partially set, Connections, 
the edge of such layer must be broken dowu, so as to make the joint 
fresh and close. 

All graved and broken stone that is dusty or dirty will be required to uirty stone, 
be thoroughly screened and washed before it can be used; and such &f. 
piles or heai)s as have any admixture of dirt, or stones above the size 
specified, will be wholly rejected when so delivered upon the work. 

STONK jr.VSONKY. 

19. When rubble-stone masonry is required, the walls will be of the 
height and thickness shown ou the plan of the work. 

The stone used nmst be of good quality, clean, and free from all Quality and 
checks or shakes, of good bed and build, and of such general size as nuiy size of stone, 
be specified. 

The wall is to be laid true and by line, with the atones on their natu- How laid, 
ral bctls, and in full beds of mortar made as described in sections 1() and 
17 of these specitications. 

No dressing or tooling is to be done upon any stone after it is iu 
place. 

All the joints are to be thoroughly filled with mortar, and the courses 
properly leveled up. 

A ])roper alternation of headers and stretchers is to be made, iu order j;,,,,,!. 
to secure thorough b )nd throughout. 

The top of the wall is m no case to be plastered, unless so ordered. ,, , . . 

20. When re([uired, fmindation-stones are to be furnished and laid. They „t,j,n, 
must be sound and of good quality, and of such general dimensions as 
may be specified. 

21. Where dry wall is necessary, it must be well and truly laid, and by ^^^^ y^nli. 
line. E\ ery stone must have a fair and even bearing, and the courses 

be well bonded. 

All joints and crevices to be thoroughly pinned and wedged. 

The stone must be of the character and (piality described iu section 19. Coping-stone. 

2"i. Where coping-stones are necessary, they must be furnished of 
granite, sound, and of good cpiality. They are to be cut to the shape 
and dimensions given by the engineer, and dressed and hammered iu 
the numner and after the pattern required. 

2^^. Mason-work of all kinds shall cease on the 1st day of December in ]Mason-work to 
each year, nidess the commissioner of ])ublic works shall otluu'wise direct ^t-ise on the 1st 
by written notice, and then only forsuch timeasmay be then-in designated '-''^'^^^ '^'"• 
and no work shall be resumed i>efore the time ajipointed liy said com- 
missioner ; and the same re([uirements shall hold iu the laying and 
litting of sewer-pipes of whatever nature. 

Upon the suspension of mason-work, the trenches are to be refilled, , ,ji,\*'' J}'^^'^'' *" ^® 
repavcd, or renuicadamized, and reconcreted as the case may be; and"' '^ ' ''' 
all ma erials, surplus earth, sand, rock, and rubbish removt-d from the 
stret^t inunediately thereafter; and iu case of failure thereof, after due 
notice has bei-n given in writing by the commissioner of public works 
to the contractor, it will l>e don<; by the said commissioner, and the ex- 
pense thert'f)f deducted from tlie payments due or to become due the 
eaid contractor. 

All masonry shall be covered and protected from frosts by and at the \r. sonr • 
expense of the contractor, to prevent injury from Wdter or from freez- tuctcil. 
mg. 

J'll-K AND TIMIJKK KOI NDA TIO.X. 

24. (rt.) Wherever j)iles are required for foundations or elsewhere, thoy Size, length, 
sh.dl lie furnished of good, sound pine <>r spnuc, free from shakes. '^"■"^''l*"^^'''- 
They .shall \n- nor, los Ihan twelve inelies dianieler at the butts, pr(Ji>- 
erly sharpened and shod when re([uiied, and shall. i)e driven with a haui- 
iner of not less than two thousand pounds in weight, and with a fall not 



1822 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



to exceed fifteen feet Id height, and driven until the pile shall not yield 
more than one-half an inch under the blow. The tops to be sawn or 
cut oft' truly and evenly to the grade furnished. The bark in all cases 
to be stripped or Taken off. 

Sbeet-piliug. (''•) When sheet-piling is necessary and intended to remain, it shall 

be furnished of good pine or spruce plank, of the length, width, and 
thickness shown on the j)lan of the work ; it shall be sound, free from 
cracks, shakes, and sap-wood, and driven to the dei>th and in the man- 
ner required. 

When nototlier The plank shall be tongued and grooved, if necessary, to the width and 
wise ordered, it depth shown. The plank shall be driven with the ram so as not to crack or 
istobedeawn. gpiif. Where sheet-piliug is rendered necessary, and used only in prose- 
cuting the work, no allowance will be made therefor, and it shall in all 
cases be drawn as the work progresses, unless otherwise ordered by the 
said commissioner, in which case the sheet-piling so ordered to be left 
in the trench will be measured and allowed for at the same rate as 
foundation plank. 

'■i^^. (a) Foundation timber of good pine or spruce shall be furnished and 
laid, where required, all as shown on the plan of the work. The timber 
shall be sound and free from sap, without cracks or shakes, and squared 
to tlie dimensions required throughout its entire length. When placed 
upon piles it shall be treenailed to each pile with good seasoned oak or 
1 ocust treenails of the length and size shown. Where bolts are required 

jj(,Ug they shall be furnished of good wrought-iron, headed and sharpened 

when required, of the size and length shown on the said plans, with 
wrought-iron nuts and washers. 

Plank. (''•) Foundation plank ofgoodpineor spruce shall be furnished and 

laid in the manner shown on the plan of the work. They shall be of the 
length, width, and thickness there shown, and treenailed as above 
stated, or spiked, as the engineer may select, to the foundation timbers 

Spikes. with the best quality of wrought-iron nails, or spikes, of the size and 

length thereon specified, and at such points and in such numbers as may 
be designated. 

{c) When it may be necessary to lay foundation boards or plank, they 
shall be of the kind and quality above described, and cut and laid in the 
manner desiguated. 



Fou n d a t i o u 
timber. 



Treenails. 



Pipe-sewers. 



Size of pipes. 



How d e 8 i i 
nated. 



U on centric. 



Thickness. 



Made of best 
materials a n d 
alazed. 



Lengths. 



Pipe to be fit- 
ted with collar. 



Size of collars. 



26. Where required, vitrified glazed stoneware sewer and drain pipes 
shall be furnished and laid down, of the sizes and in the manner shown 
on the plan of the work and herein specified. 

27. (a) The pipes shall be desiguated by their interior diameters. 
Each pipe shall be a true cylinder, and shall have in every part an 
internal area equal to the full area due to its diameter. 

(&) The inner and outer surfaces of each pipe shall be concentric. 
All straight pipes must be straight in the direction of the axis of the 
cylinder. 

(c) All pipes, of a diameter of twelve inches and under shall in no 
part be less than six-eighths of an inch in thickness ; those of fifteen 
inches and not under twelve shall in the same way be not less than one 
inch ; and those of eighteen inches and not under fifteen not less than 
one aud one-eighth inches. 

{d) All pipes, of whatever kind, shall be made of the best material, 
thoroughly and perfectly burned, without warps, cracks, or imperfec- 
tions, aud shall be well and smoothly glazed in the best manner over 
their entire inner and outer surfiices ; and they shall be of equal qual- 
ity in every respect to the samples exhibited at the pipe-yards of this 
department. 

(e) Each straight pipe, having no branch or connection, shall in no 
case be less than two feet aud six inches in length. 

(/) Each pipe having an opening molded into it for house connec- 
tion, or branch of any size or kind, shall not be less than two nor more 
than three feet in length. 

{(1) Each pipe, of whatsoever kind, must be fitted with a sleeve or 
collar of the same character, cylindricity, and thickness, and not less 
than five inches in width, without extra charge therefor. 

(A) Each collar must have an internal diameter of not less than one- 
half nor more than one and one-half inches greater than the external 
diameter of the pipe to which it is to be fitted. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1823 

(i) Wlion icciuiivd, enrvod pipe sliall ho furnished and laitl, ciiived to Ciuvi-tl pipe, 
sueli a radius with the axis of the pipe as may he shown on the plan of 
the work, and no curved pipe shall exceed three feet in length. 

(_/) rijies havinjr six-incli sinus, witli Inihs niohled thereon for house Spur-pipe, how 
connections, sliall he furnished and laid at snc-h points as tlie coniniis- "^®' 
siouer of puhlic woiks may designate, in front of each hnilding on the 
line of the sewer, and where there are no huildinj^s, opposite; each lot 
frouj, at an averaj;e distance apart of seven and one-half feet, (except Covcis. 
at intersecting streets.) The spurs are to he closed witli approved vit- 
rified stone-ware covers, free of charge. • 

(A) Branch pipes and hoiise-conju'ction drains, wherever designated, Brunch pipo. 
shall he furnislied and laid of the size and form, ami at the |)oiuts shown 
on the plan of the work, and closed with a hulkhea<l of hrick not less 
than eight inches in thickness, when not immediately used, or an ap- 
proved stone tu' stone-ware cover, free of charge. Tlie house-connection 
drains, when required, are to be extended to ji point two feet inside of 
the curbs, on a grade the same as that of the sewer. 

(/) Bends, sijihons, and special pipe shall, if reepured, be furnished Bends, &c. 
and laid, of the sizes aud forms shown on tlie plan of the work. 

((h) In case the commissioner of public works shall elect to use hub TT>ib and spigot 
and spigot pipe, they shall be furnished in all cases similar and equal in P'^- 
size, quality, and kind to those above described. Tlu^Iuib sliall have a 
depth of at least three inches from its face to the shoulder of the i)ipe 
on whicli it is molded, and shall have an interior diameter not less than 
one nor more than two inches greater than the exterior diameter of the 
pijte whicli is to lie litted into it. 

(/() In case the said commissioner shall choo.se to furnish the contractor The depart- 
with the necessary sewer, culvert, drain, and house-connection pipes, "'®Vi^ ?^ „!'"."*' 
inverts, basin-heads, and gutter-stones, and man-hole frames and covers, umo. 
they shall be in accordance with the following prices, viz : 

For (i-inch straight pipe, i)er linear foot 30 cents. 

For l"2-iiKh straight pipe, per linear foot 90 cents. 

For l"2-iiich curve<l pii)e, per liuearfoot 130 cents. 

For l"2-iiich straight l)ipe, with (i-inch spurs, perlinear foot 140 cents^ 

For l.")-inch straight pilie, per linear foot 140 cents. 

For l.")-inch curved pipe, per linear foot 190 cents. 

For l.">-iiich straight pijje, with six-inch spurs, per linear foot 18,5 cents. 

For Ir'-inch straight pii)e, per linear foot 185 cents. 

For l-^-inch curved pipe, per linear foot 245 cents. 

For 18-inch straight pipe, with six-inch spurs, per linear foot 270 cents. 

I'or branches 12 inches by 12 inches, per linear foot 190 cents. 

For branches 15 inches by 12 inches, per linear foot 240 cents. 

For branches 15 inclies by 15 inches, per liueai- foot 270 cents. 

For Ijranches 1"* inches by 12 inches, per linear foot 320 cents. 

For branches 18 inches by 1(5 inches, per linear foot 350 cents. 

For branches 18 inches by 18 inches, per linear foot 380 cents. 

For inverts, per linear foot 260 cents. 

For each cast-iron man-hole frame and cover 2500 cents. 

28. (a) All pipes are to be excavated for and laid true in line and grade How laid, 
throughout, according to the lines and grad(;s furnished from time to 
timi'. Tlie ends of the pipes shall abut against each other, and in such 
manner that tliere shall be no shouhler or uneveunessof any kind along 
the bottom half of the .sewers on the inside. 

(b.) Each Joint, as the pipes are laid, is to be titted with a collar or ring Each .joint to 
Avhich sliall lap etjually the ends of such abutting pipe; the lower halt'l'e fitted with a 
of the said collar shall in all cases be whole and unl)roken, and the upper ^'"'l'''^- 
half shall not be in more than two j)ieces ; the spac(! l)etween the ring 
and the ])ipes is to be as uiiiff)rni as possible, and to be thoroughly tilled 
with the best hydraulic cement-mortar, made of ecpial jiarts of cenuuit 
and clean, sharp sand, tlK)ronghly mixed tlry, aud watc^r enough after- 
ward added to give it proper consistency, and in small quantities, and 
used as soon as mad(^ : the joint is to lie carefully wiped and pointe<l .loint to be 
inside and out, and all mortar that may be left inside; to be thoroughly wiped ami imint- 
cleaiied out, and the pipe left clean and sinuoth throughout. When re- " ' 
(juired, strips of pine or spruce plunk shall be furnished six inclu-s wide, I'on ii d a t ion- 
one and one-half indues thick, and two fei t long, and laid transversely ^'"I'S"' l''"""*- 
with the trench, one on either side the Joint, and the; pijio to rest tlu-re- 
ou, and the price jiaid tor foundatii>ii-pl:ink will be allowed therefor. 



1824 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

How filled (f-) When tlio pipes arc in place, earth sliall be filled in in the manner 

around. provided in sections 10 to 13, inclusive, of these specifications. Every 

third pipe shall be filled around so as to prevent tlie moving of the 

fin^'l^/"^^ ^^^^ (''•) -^^^ pipes, previously to their being lowered into th« trench, shall 

^ '^' be fitted together dry on the surface, and matched, so that when jointed 

in the trench they may form a true and smooth line of tubes ; and in no 

case sliall they be lowered into the trench until the same is done. 

Branch-pipe. (e.) All branch-pipe, connections, and pipe of whatsoever kind, shall 

be excavated for, fitted, and kxid as above descril)ed. 
Hub and spi-^ot (/•) Wheu hub and spigot pipe are used, thej' shall be laid, fitted, and 
pipe. " jointed evenly and smoothly, in the same manner as described above. 

Ko walking on (.'/•) ^o walking on or working over the pipe after they are laid (ex- 
pipe- ' cept as may be necessary in tamping the earth and refilling) will be 
allowed until there is at least thirty inches of earth over them. 
Pine to be (''•) '^^^'^ interior of the pipe shall be carefully freed from all dirt, ce- 
cle.aned as laid, ment, and su})erfluous material of every description, as the work pro- 
ceeds ; for which purpose a disk mold or ^ilate attached to a rod suffi- 
ciently long to pass two joints from the end of the pipe last laid shall 
be continuously worked through. 
Month of pipe (i.) The uiouth of the pipe shall be carefully protected from all 
to be protected, blasts, and the excavation, in all cases, shall be fully completed at least 
twenty feet in advance of the laying of the pipe. lu all cases, the 
mouth of the pipe shall be provided with a board or other stopper, 
carefully fitted to the pipe, to prevent all earth or other substance from 
washing in. 

(j.) When the trench is properly prepared for and before laying the 
pipe, the contractor must notify the engineer, who will thereupon direct 
an assistant or general superintendent to be present on tlie work when 
pipes are to be laid ; and it is further expressly understood that at no 
other time will such laying be proceeded with. 

MAN-HOLES AND RECEIVING-BASINS. 

Man-hole ot 29. (a.) Brick man-holes shall be built at such points on the line of the 
pipe-sewei. pipe-sewers as the commissioner of public works may direct, of the 

form, thickness, and in the manner shown on the plans of such work on 
file in the office of the said commissioner. The brick work will be car- 
ried up to within twelve inches of the arch of the established grade of 
Onality of work the street at that point, and from templets correctly made and set at 

^ ' " top find bottom, whence not less than eight lines are to be drawn. The 

work in all respects is to be of the (juality described in section 14 of these 
specifications ; the joints to be neatly struck and pointed on the inside. 

Foundation. The foundations of these man-holes will be of stone imisonry laid in 

cetuflut, commencing not less than twelve inches below the line of the 
inner bottom of the sewer at that point. Sewer-pipes are to be built 
in and trimmed wheu necessary, so as to be flus]i with the inner face of 
the man-hole, and an arch turned over the same on a dry sand joint. 
Wrought-iron rods of good c|uality, of the size, length, and shape re- 

btepsDui in. q,^j,.g^| for steps, are to be built in where shown on said plan. Ham- 
• Bluestone. uier-wrought bluestone are to be furnished and laid, of the form and 
thickness required, as shown on said plan. 

Man-hole head A cast-iron man-hole head and cover, free from imperfections, and 
and cover. thoroughly cleaned, and in dimensions, weight, and (quality of iron, and 

in all respects similar to tlie pattern adopted and furnished by the 
commissioner of public works, and now exhibited at this ofiice, is to 
be fitted to each of the above-described man-holes. And it is hereby 
expressly agreed that any imperfect man-hole head or cover which may 
be brought upon the work shall be immediately broken up by the in- 
spector in charge. 

Bri ok man- ^''O Brick man-holes shall be worked iu the arch of the brick sewers, 
holes. lit such points iu the line of tlie sewer as the said commissioner may 

direct, of the size, form, thickness, and iu the manner shown on the 
plans of such work on file iu the ofiice of said commissioner, and brought 
up to within twelve inches of the arch of the established grade of the 
street at that point. The work iu all respects to be of the quality above 
described. The man-hole is to be fitted with wrought-irou bars for 
steps, and cast-iron man-hole head and cover, as above described. 

(c.) The above-described man-holes, whether iu brick or pipe sewers, 
are in all cases to be fully and completely built, and fitted with their 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1825 

covers, as the work progresses, und as each is reached ; and the sowers 
will not be allowed to be laid down beyond or in advance of any uu 
completed man-hole. 

'M. Receiviu<>;-basius are to be built where shown on th() plan of the Receiving-ba- 
work, or at such other places as the said commissioner shall, during the siua. 
progress of the work, from time to time determine, and will be paid for at 
the prices specified in this contract. The basins are to be on the circular 
corners or side of the street, as the said commissioner shall direct, and 
shall be constructetl in accordance with the thawing or model to be seen 
at the office of the said commissioner. Each portion of the basins shall 
be built of the size and materials designated on said drawing or model. 
Each basin is to have a granite gutter-stone and head-stone, sound and fJ^ttcr- s t o n e 
perfect throughout, free from all seams or imperfections, with blue- ^m{ bend-stone, 
stone curb and gutter-stones adjoining, cut in accordance with the said 
drawing or pattern, and fitted with a cast-iron cover of the best (piality, 
and of the weight, size, and shape shown in said drawing or pattern, Cast-n-on cover, 
and also a wronght-iron grate-bar, one inch in diameter, fasteneil solidly 
into the said head-stone, in the manner shown. The said gutter-stone Gr.ite-bar. 
and head-stone must be of Maine or Massachusetts granite, finely ham- 
mer-dressed, and similar to the sample at the pipe-yard, unless other- 
wise ordered by the said commissioner. A trap of hanuner-wrought rp 
blue stone, of the size and dimensions shown on said drawing or model, 
is to be built in the basiu in the manner therein shown. The whole to 
be built and laid in cemeut-uiortar, as descril)etl in sections Ki and 17 of 
these speciHeatious, and the joiuts carefully struck on the inside. In 
case the nature of the ground be such that, in the opinion of the engi- 
neer, timber or concrete ought to be substituted for the stone founda- Fonmlation to 
tion, as shown in the said plan or model, the timber or concrete, as the be .substituted, 
case may be, shall be furnished and laid of the jjroper thickness and 
size, witliout additional charge by the said contractor. 

31. The culvert for the connection of the receiving-basiu is to be Culverts, 
tifteen-inch vitrified stoneware drain-pipe, of the kind and quality 
described in sectious 2(i and 27, and laid in the manner provided in 
section 28. and the treucli refilled in the manner therein described, 

and shall be connected with the sewers or drain at an angle of forty- 
five degrees, and in a thorough and worknuvnlike nuinner, and when con- 
nected with the brick sewers the culvert-pipe shall not project inside the . ^I"* to project 
said sewers, but be trimmed flush with the curve and lines of the inner *"®''"' ^'^^ sewer, 
face thereof. In case the line of the sewers shall intersect any culverts 
now built, so much of said culverts as may, in the oi)inion of the engi- Culvert to be 
neer be necessary, shall be taken up aud rebuilt or relaid with vitrified rebuilt, 
stoneware drain-pipe or brick, as the case may be, in the manner de- 
scribtd above, to connect in a proper curve with said sewers, and the 
sum of two dollars per running foot will be allowed for the part so re- 
built or relaid. 

32. (ft) The said commissioner shall have the right to connect any sew- Pcrmifa for con- 
er or sewers with the sewers herein described, or to grant permits to any nections. 
person or persons to make connections therewith, at any time before it 

is finally completed ; aud said contractor shall not interfere with or 
place obstructions in the way of such persons as may be employed in 
building such new sewer or sewers, or in making such connections; no 
extra alhjwance will be made to the sai<l contractor on account thereof. 

{b) In case the lines of the proposed work shall intersect with any Co'ineetionsin- 
sewer connections for which permits may have previously been granted ,",fi'i.'^„o,',(i by the 
by said conunissioner, the same shall be extemled to and reconnected contractor, 
with the new wori< as it progresses, iu the nuinner and of the materials 
allowed by the said comnussioner, under tlie rules and regulations rela- 
tive to sewer connections, aud at the expense of the contractor ; but no 
new connections or drains will be allowed to be made or joined to the 
said sewer or sewers without a permit therefor has been duly issued by 
the said commissioner, aud which permit sluiU be exbibited in all cases 
to the inspector iu charge of the work. 

3:5. All the paving and macadimization stones necessary to bo removed, Taving, &c. 
together with all rock, earth, or .saud taken from the trenches, shall bo 
placed in such parts of the carriage-way, or the vicinity thereof, as the 
engineer in eiiarge of the work shall direct; and in all eases a pas.sage- 
wiiy on the sidewalks, of not less than three feit iu width, shall be pre- 
served free from all obstructions, iu the manner provided for in section 
•1 of these specifications. In the progress of the work the contractor 

115 DOT 



1'826 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Carriage -way will be required to preserve from needless obstruction the carriage-way 

to be unobstnict- ^j qj^^ gj^jg Qf ^]^q jj^g Qf proposed work, and also to afford tlie ueces- 

"■ sary facilities to the company or companies owuing rail-tracks oa the 

Rail-tracks. jjne of the work, or to their agents, in the preservation of the same from 

injury, either by removal or otherwise, without extra charge therefor. 
Compauj' to be In case it be necessary to remove the said tracks, or any portion 

notified. thereof, the said company or companies will be notified by the 

commissioner of public works to remove the same within a specified 

time ; and the contractor shall not interfere with the said tracks, or any 

j)ortion thereof, until the expiration of the time specified in said notice. 

Contractor t o <54. The contractor will be i'lm | u i red to preserve all stakes, street bounds, 

preserve all and bench-marks made or established on the line of the said work, until 

stakes, &c. duly authorized by the engineer to remove the same. 

Regrading, re- 35, (a.) The carriage-way on the liue of the work to be regraded and re- 

paviug, &c. paved or remacadamized, and reconcreted, as the case may be, to the 

extent which the aforesaid work may render necessary. The said con- 
tractor will be required to reset all curb, gutter, bridge, and flag-stones 
which may have been displaced during the prosecution of the work un- 
der this agreement ; and in case any of said stones .shall have been broken, 
in consequence of any act or omission on the part of the said contractor 
or his agents, new stones, to be approved by said engineer, shall be fur- 
nished and set iu place thereof, by said contractor, at his own expense, 
prior to the acceptance, by said commissioner, of the work aforesaid as 
completed. 
Width of pav- In repaviug, the paving stones, for a width of not less than sixteen 

big- feet over and adjoining the line of the sewers shall be taken up and 

bedded endwise, in good, clean gravel, twelve inches iu depth, or on the 
concrete, as the case may be, in a good and workmanlike manner. The 
repavement, after it has been examined and approved of by the engineer, 
to be covered with pure sand one inch in thickness and no more. Twelve 
days after the completion of the whole work the covering sand shall be 
swept into heaps and removed from the street ; a.ud should the ins})ec- 
tor in charge have been withdrawn from the work by the said commis- 
sioner before the expiration of the said twelve days, and should the con- 
tractor neglect to remove the said sand as above required, the inspector 
Inspector re- will be replaced by tbe said conmiissioner, and so continued in charge 

placed. at the full cost and expense of the contractor until the same is done. 

In remacadamiziug and relaying the various kinds of wooden and con- 
crete pavements, the same will be done in accordance with the specifi- 
cations now issued for similar work by the department of public works. 
(&.) All the cross-gutters which may become unnecessary in conse- 
quence of the construction of any receiviug-basias, under this agree- 
ment, are to be taken up, and the whole of the intersections between 
the cross-walks regraded in conformity with the grade of the street, and 
re])aved iu the manner before described. 
EnCTinoer to ^6. The whole of the regrading and repaving,or remacadamizing and 

certify. reconcretlng is to be done to the satisfaction of the engineer,( which shah 

be determined by a certificate to that effect, signed by him, and filed in 
the offico rf the departmejt of public works,) and the same kept iu 
good repair for a period of six months from the date of the last said cer- 
tificate. 
Sewers, &.c. to 37. During the progress ofthe work, and until the full completion thereof, 

be kept clean.' the sewers, basins, culverts, and connections are to be kept thoroughly 
cleaned throughout, and left clean. 

And upon the full completion ofthe work embraced in this agreement 
„ ,.„ . , the contractor will be required to file iu the office of the said commis- 

iileTb\ contract sioner a certificate sigued by the engineer, to the effect that the stipula- 

or. " tions relative to the removal of all surplus materials, earth, sand, rock, 

and rubbish from the line of the v/ork, and relative to the cleaning of 
the sewers and appurtenances above named, have been faithfully com- 
plied with. 
Water and gas 38. All iron, water, and gas-pipes which it becomes necessary to remove, 

pipes. . shall be considered as the pro[)erty of the corporation, aud left in such 

part of the street as the engineer may direct, unless notice to the con- 
trary is given by the commissioner of public works, iu writing, to the 
said contractor, in which case the same shall be removed or otherwise 
disposed of at the expense of said contractor. 
Loss or damage. 39. All loss or damage arising out of the nature of the work to be done 
under this agreement, or from any unforeseen or unusual obstructions 
or difficulties which may be encountered in the pro.secution of the same, 
or from the action of the elements, to be sustained by the contractor 
aforesaid. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1827 

Wlierc vcr the word " contractor " and the words " party of the second ^^orrt contract- 
part," and the pronouns in phice thereof, are nseil in this contract, they "^^ 
are to be considered as referiing to and meaning the party or parties (as 
the cas(^ may be) of the second part to this agreement. 

(A) And the said party of the second part' hereby fnrther agrees that 
the said parties of the lii'st part shall be, and they are hereby, anthorized j£q„j, ^^ ^,^ 
to retain ont of the moneys payable to the said party of the second part, retained, 
nnder this agreement, the certain sum of twenty cents for each linear 
foot of sewer, cnlvert, and drain constrncted nnder this agreement, and 
to expend the same in the manner hereinafter provided for, in making 
snch repairs to the carriage-way on the line of said sewer, cnlvert, and 
drain, as the said commissioner of pnl)lic works may deem necessary. 

Ami it is fnrther agreed that if, at any time dnring the period oH six jn^*^^^c'"^ng*lf^^^; 
months from the date of the final completion of the sower, cnlvert, and ^^^£' '' ^ 
drain aforesaid, the carriage-way on the line of the same shall, in the 
opinion of the said commissioner, reqnire regrading and repaving or re- 
macadamizing and reconcreting, and the said commissioner shall notify 
the said party of the second part to make the rei)airs so re(|nired, and 
if the said jiarty ot the second part shall neglect to make snch repairs to 
the satisfaction of the said commissioner within twenty-fonr honrs from 
the date of the service of snch notice, that then the said commissioner 
shall have the right to employ such other person or persons as he may 
deem proper to make the same, and to pay the exi)enses thereof ont of 
the said certain sum retained for that purpose by the said parties of the 
first jtart as before mentioned. 

And the said party of the second part fnrther agrees that he will pnr- Pipes to be pur- 
chase and receive from the said commissioner the whole of the sewer, chased of the 
drain, and culvert pipes, inverts, house-connection pipe, and man-hole commissioner. 
frames and covers required for the construction of the work herein de- 
scribed, and that he will not sell or otherwise dispose of the said pipes, 
or any of them, so purchased by him, but will use the same exclusively 
in the construction of the work last aforesaid ; he fnrther agrees that 
he will pay for the said pipes at the prices specified in section tweutj'- 
four, paragraph (n), of this agreement, in current funds, at the time or 
times they may be ordered by him; and he fnrther agrees that he will 
be at all charges for loading said pipes at the yards of the said commis- 
sioner, and of hauling the same to the line of the proposed work. 

And the parties of the first part hereby agree, upon the expiration of Payment to be 
the saitl i)eriod of six months, provided that the said carriage-way shall made after six 
at that time be in good order, which fact shall be determined by a cer- ^loutUs. 
titicate to that elfect, signed by the engineer in charge, to pay to the 
said party of the second part the whole or such part of the sum last 
aforesaid as may remain after the expenses of making the said repairs 
in the manner aforesaid shall have been paid therefrom. 

(B.) And the said party of the second part hereby covenants and agrees No sand to be 
that be will not sell, or ]»ermit t) bo removed from the line of the work, removed "util 
before the trench shall have been refilled, any building-sand or earth ^'"''"'^^^ ^® ^"®*'- 
thrown u[), except upon the written permission of said commissioner, and 
then only so much as t hall remain after reserving a sufficient qiwintity to 
refill the trench and complete the paving; but that ho will in all cases 
refill tile trcmch with the same materials tlirown ont, provided it be good 
sand, gravel, or earth ; but if it be unsuitable, consisting of rock, blast- 
ing-stones, or mud, that then the same shall be remo\'(!d from the ground, 
and good clean earth procured and used for refilling the trench, and sand 
of propisr ([uality and depth spread on the surface, to receive the repave- 
uient. 

(C.) The said party of the second part further agrees that the return Returns of th 
of the engineer, to be appointed by the commissioner of |mblic works engineer, 
to survey the work, shall be the account by .which the amount of mate- 
rials furnished and work done shall be computed ; and that the certifi- 
cate of the inspectors appointed to take charge of said work, that tbe 
same has been faithfully pcnformed in acconlance with the requirementB 
t)f this contract, filed with the said commissioner, shall bo a condition 
l)rcc<'dent to the right of the said party of tlie second part to payment 
for work done by bim under this agreement, <u- any ]>art tlnu'eol ; and 
that he shall not be entitled to demand or receive payment for any work 
upon, in, or about the said work, a.s extra work, unless ordered in Kxtra work, 
'.vriting, l>j' the commissioner of i)ui)lic works, to do the same as extra 
work, and a price therefor agreed upon previously to its commoucement 



1828 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Coniuience- (D.) The said party of the second part hereby further agrees that he 

"^®°*- will commeuce the aforesaid work on such day as said commissioner ".lay 

designate, and i^rogress therewith, so as to complete the same in accord- 
ance with this agreement, on or before the expii-atiou of days 
Time of com- next thereafter, except where rock-excavation be necessary, in which 

pletiou. case the time hereinbefore stipulated for the completion of the work 

shall be extended at the rate of one day for each fifteen cubic yards of 
rock excavated and removed, and returned by the engineer aforesaid, in 
accordance with the measurement of rock allowed under this agreement ; 
Sundays, holidays, and such other days on which the prosecution of the 
whole of the work in accordance with the provisions of this agreement 
is suspended, to be excepted ; and that the said stipulated time, together 
with the time which may be allowed for rock-excavation, shall be com- 
pared with the aggregate time of such inspectors as may be employed 
on the work, and not construed to mean consecutive days, 

non completion ^^'^ "'^"'^ ®'^'^^ party of the second part hereby further agrees that 
the said parties of the tirst part shall be, and they are hereby, authorized 
to deduct and retain, out of the moneys which may be due or become 
due to the said party of the second part under this agreement, as a 
penalty for the non-completion of the work aforesaid within the time 
hereinbefore stipulated for its completion, the sum which shall accrue 
and become due for the inspectors' wages, for each and every day the 
aggregate time of all the inspectors employed upon said work may 
exceed the said stipulated time for its completion. 
Abandonment (F.) The said party of the second part further agrees that if the work 

or delay. under this agreement shall be abandoned, or if at any time the said 

commissioner shall be of opinion, and shall so certify in writing, that 
the said work, or any part thereof, is unnecessarily delayed, or that the 
said contractor is willfully violating any of the conditions or covenants 
of this contract, or executing the same in bad faith, he shall have the 
power to notify the aforesaid contractor to discontinue all work under 
this contract, or any part thereof; and thereupon the said contractor 
shall cease to continue said work, or said part thereof, and the said com- 
missioner shall thereupon have the power to place such and so many 
T>ersons as he may deem advisable, by contract or otherwise, to work at 
and to complete the work herein described, or any part thereof, and to use 
such nuxterials as he may find upon the line of said work, or to procitre 
other materials for the completion of the same, and to charge the ex- 
pense of said labor and materials to the aforesaid contractor ; and the 
expense so charged shall be deducted and paid by the parties of the first 
part out of such moneys as may be then due, or may at any time there 
after grow due, to the said contractor under and hy virtue of this agree- 
ment, or any part thereof; and, in case such expense is less than the 
sum which would have been payable under this contract if the same 
had been completed bj' said contractor, he shall be entitled to receive 
the difference, and in case such expense shall exceed the last said sum, 
he shall pay the amount of such excess to the parties of the first part 
on the notice from the said commissioner of the excess so due. 
Personal atten- (^Q.) Xnd the said party of the second part hereby further agrees that 
'^^ he will give his personal attention constantly to the faithful prosecution 

of the said work : that he will not assign or sublet the aforesaid work. 
Men to be paid, i^^^^ ^\i\ keep the same under his own control; and that he will punctu- 
ally pay the workmen who shall be employed on the aforesaid work, and 
in cash current ; not in what is denominated store-pay ; and that he will 
furnish the said commissioner of public works with satisfactory evidence 
that all persons who have done work or furnished materials under this 
agreement, or who may have received or sustained any damage or injury 
through or by reason of any act or omission, carelessness, or want of skill 
on the part of the said contractor or his agents in the prosecution of the 
work aforesaid, and who may have given written notice to the said com- 
missioner before or within ten days after the completion of the work 

Damao-e aforesaid, that any balance of such workormaterials, or compensation for 

' " such injury or damage, is still due and unpaid; have been fully i^aid or 

secured therefor. 

And in case such evidence be not furnished as aforesaid, such amount 
as may be necessary to meet the claims of the persons aforesaid shall 
be retained from the moneys due the said party of the second part, un- 
der this agreement, until the liabilities aforesaid shall be fully dis- 
charged or such notice withdrawn. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1829 



taiu, by tiiiihLM\s ";uur sullicieiit chains, all the main unci service water- '"^ s»sti""«!l- 
pipes w bich may be ali'ected in any manner by the work nnder this 
aj^reement, in their places, withont injury ; or, failinj)- to do so, the said 
commissioner siiall be, ami he is hereby, authorizisd to replace them, 
and recalk and repair rhe same immediately, in each block, as the work 
pr(>{;resses, and the cost thereof shall be charged to the said party of the 
second ])art ; and the cost so charj>ed to the said jiarty of the second 
part shall be paid to the said commissioner by him before the work to 
be done nnder this agreement shall be accepted as completed ; and the 
said party of the second part hereby further agrees, iu each and every 
respect, to conform to the provisions of the " Ordinance relative to the 
construction of sewers in streets where water-pipes are laid," approved 
by the mayor on the 4tb of October, 1344 ; and that the same shall be 
considered a part of this agreement. 

(I) And the said party of the second part further agrees to do every- Gas-pipes, 
thing necessary to support and sustain the gas-iti])es laid in or across 
said streets, which nniy be liable to injury from digging the trenches 
for the work hereinbefore mentioned, and to have a sufficient quantity 
of timber and plank constantly on the ground, and to use the same as 
required, for bracing and sheet-piling the sides of the excavation ; also 
to erect and keep erect a fence or railing across the sides of the excava- 
tion, and place sufficient lights on or near the work, and keep them Lights, 
burning from twilight until sunrise. • 

And the said i)arty of the second part further agrees to give notice iu ^^otice to gas 
writing at least twenty-four hours before breaking ground, for tlie pur- companies, 
pose of constructing the work hereinbefore mentioned, to such and all 
such gas companies as have or may during the progress of the work 
have any gas-pipes which may be aifected by suck excavations as may 
become necessary. 

And it is further agreed that the said party of the second part shall 
not cause any hinderance to or interference with any such gas company 
or companies in }irotecting their said pipes, nor in removing or other- 
wise prot'jcting and replacing the main and service pipes, lamp-posts, 
and lamps, where necessary ; but that the said party of the second part 
will sulfer the said company or companies to take all such measures as 
may become necessary for the purpose aforesaid. 

And it is hereby further agreed that iu case any damage or injury Penalty ot 
shall or may result to said pipes, lamp-posts, lamps, and other works of '''?'^''*s^ *'' ^^^' 
any gascomi)any, through or by reascm of any negligence, carelessness, ^ 
or want of skill on the part of the said party of the second part, the 
said party of the second part shall become liable to pay such anujunt as 
shall or may be sufficient to cover the expense; and damage occasioned 
by such negligence, carelessness, or nnskillfulness; and such amount 
sliall l)e charged against the said party of the second part, and 
may be deducted from any sum or sums due or payable to said i>arty of 
the second part on account of this contract. -- ■ * 

(K) And the said party of the second part further agrees that he will ^j.^j^'^'^^^ * ^ ^ " '' 
indenniify and save harmless the parties of the first part from all suits 
or actions of every name and description brought against them for or on 
account of anj' injuries or damages received or sustained by any party 
or parties by or from the said party of the second part, his servants or 
agents, in the construction of said work, or by or in conse((uence of any 
negligence in guarding the same, or anj' imjjroper materials used in its 
construction, or by or on account of any act or omission of the said 
party of the second part, or bis agents; and the said ])arty of the sec- 
ond i)art hereby further agrees that the whole or so n\uch of the mon- 
eys due to him under and by virtue of this agreenuMit as shall or nniy 
be ci)nsider(;d necessary by the conniiissioner of public works, shall or 
may be retained by the said parties of the first part nntil all such suits 
or claims for damages as aforesaid shall have lusen settled, and evidence 
to that effect furnished to the satisfaction of the said commissioner. 

(L) And the saiil party of the second i)art further agrees that he will Incoinpeten t 
enqdoy only competent, "skillful, and faitliful nn:n to do the W()rk, and ^^j'^j;,'^™';;^.,^ •"' 
he further agrees that whenever the engineer shall inform him in writ- " ' <• ' ' 
ing that any nnin on the. work is, in his opinion, ine(uupetent or unCaith- 
ful, he will discharge him from the work, and will not again employ 
him on it. 

And the said i)artyof the second part hereby further agrees to receive 
the following prices as full compensation for furnisiiing all the materials 



1830 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

and labor in buildiug and constructing, and in all respects completing, 
the aforesaid work and appurtenances in the manner before S])ecified, 
to wit : 

I'rices. For furnishing the materials and building tlie sewer, and including 

all the fouudatiou-plauk ; also all the excavation, whether hardpan, 
quicksand, caves, bowlders, or otherwise ; also all embankment for 
foundation or covering, or elsewhere ; also all plank used for sheet-pil- 
ing, or any timber used for supporting the banks or sides of the excava- 
tion ; also the repairs to the \vat*'r-j)i])es and gas-pipes ; also the filling in 
and ramming the earth around and over the sewer and appurtenances: 
the removal and dis|)osal of all rock, rubbish, or surplus earth dug out of 
the trenches ; the taking up and removing the paving-stones, and the earth 

For bviildina- ^^^ saud from the trenches, to such part of the street or viciuitj' as may be 
sewers, &c. directed by the engineer ; also all the relaying of curb, gutter, concrete 

and paving-stones, rendered necessary by the construction of the work, 
the filling up and repaviug of the cross-gutters ; also the furnishing of 
earth or sand for retilling the ti^enches, in case of deficiency ; also the 
preparation of the bottom, where rock has been blasted out; also all 
pumping and bailing rendered necessary by the character of the work ; 
also the cleaning out of the sewers, basins, culverts, and connections, 
and the removal of all rubbish immediately after the completion of each 
section, as hereinbefore provided ; also all loss or damage arising out of 
tlie nature of the work aforesaid, or from the action of the elements, or 
from any iiuforeseen obstructions or difficulties which may be encount- 
ered in the prosecution of the same ; including also the furnishing of 
all the necessary materials and labor, and the performance of the whole 
of the Avork mentioned in the specifications, (excepting only such parts 
of the work for which a siiecific price is herein named,) and also all ex- 
penses incurred by or in consequence of the suspension or discontin- 
uance of said work as before specified, or of a faithful compliance with 
each and every of the requirements of this agreement, and for well and 
faithfully completing the same, and the whole thereof, in the manner 
herein before specified, to wit : 

For sewer, class I, per linear foot, the sum of 



For sewer, class II, per linear foot, the sum of 



For culvert, per linear foot, the sum of • 



For each receiving-basin complete, the sum of . 

For each pile furnished and driven, the sum of . 

For furnishing and laying the foundation plank and timber, where 
directed, the sum of thirty dollars will be allowed for each one thou- 
sand feet board measure. 
Extra coDcretiDo- ^oT concrete made, as described in these sisecifications, and laid where 
directed, the sum of §5 per cubic yard will be allowed, excepting where 
such concrete is shown on the plan, as part of the section of the sewer, 
in which case it is to be considered as belonging to and a part of the 
sewer. 
Paid lor rock. For' rock-excavation, where drilling and blasting is necessary, the sum 

©f four dollars per cubic yard, and for excavating the same without 
blasting, when so directed by said commissioner, to prevent injury to 
the main water-pipes, the sum of five dollars per cubic yard, in each 
case the measurement to be as hereinbefore specified ; these prices to 
include the removal of the rock excavated from the line of the work. 
No soft or disintegrated rock, which may be removed with a pick, and 
no bowlders or loose rock in rock fillings, or rock on the exterior of the 
lines of said measurement which may have been previously loosened in 
excavating trenches for water-pipes or other purposes, to be measured or 
allowed for as rock. 

And the said party of the second part further agrees that he shall uot 
be entitled to demand or receive payment for any portion of the afore- 
said work or materials until the same shall have been fully completed 
in the manner set forth iu this agrfeement, and such completion duly cer- 



TESTIMONY OF ALEXANDER R, SHEPHERD. 1831 

tified by the engineer and by the inspector in charge of the work, and by 
the insju'ctor appointed by the said eonunissioner to examine tlic in- 
terior of the same, and each and es'ery of the stipnhitions liereinbeibre 
mentioned are complied with ; and snch completion, dnly certified by 
the inspectors employed on the work, and by the water-pnrveyor or 
other ollicer designated by the commissioner of pnblic works, where- 
upon the parties of the lirst part, under section 4 of chap. 580, Laws of 
187"2, will pay, and hereby bind themselves and their successors to pay 
to the said party of the second part, in casii, or in five-year assessment ^tlanncr of pay- 
bonds, bearing interest at the rate of seven per cent, prr annum, at the op- mp"t. 
tion of the comptroller, within thirty days from the time of completion and 
acceptance of the work by the commissioner of public works, the whole 
amouut of money accruing to the .said party of the second part, under this 
contract, excepting snch sum or sums as may l>e lawfully retained un- 
der any of the provisions hereinbefore contained for that purpose ; but 
in case the amouut payable under this contract be live thousand dollars, 
or over, i)aynieuts will be made to the said party of the second i»art liy 
monthly installments of seventy per cent, on the amount of work per- 
formed under and in accordance with the provisions and stipulations of 
this agreement, in conformity with and subject to the terms and condi- 
tions of an ordinance of the mayor, akhu'iuen, and connuonalty of the 
city of New York, passed December 30, 1854, entitled, "An ordinance to 
authorize the issue of bonds upon contracts, payable by a.ssessments, in 
pursuance of the act of the legislature, passed April 16, 1852," as amend- 
ed March 8, 18(il, excepting such sum or sums as may be lawfully re- 
tained under any of the provisions of this agreement ; provided, that 
nothing herein contained beconstrued to affect the right hereby reserved 
of the sai<l commissioner to reject the whole or any portion of the afore- 
said work, should the said certificates be found or known to be incon- 
sistent with the terms of this ag'-eement, or otherwise improperly given. 

•In witness whereof, the parties to these presents have hereunto set 
their hands and seals the day and year first above written. 

For the mayor, aldermen, and commonalty of the city of New York. 

Commissioner of Public Works. 



Contractor. 
Signed and sealed in presence of — 

Know all men by these pi-esents, that we , of the city of 

New York,' are held and lirmly bound unto the mayor, aldermen, and commonalty of 
the said city in the sum of fifty thousand dollars, lawful money of thi^ United States 
of America, to be paid to the said mayor, aldermen, and commonalty, or their certain 
attorney, successors, or assigns, for which payment well and truly to bo made we, and 
each of us, do bincl ourselves and each of our heirs, executors, and administrators, 
jointly and severally, firmly by these presents. 

Sealed with our se^ils. Dated this — day of , one thousand eight hun- 
dred and seventy-three. 

Whereas the above-bounden , by instrument in writing, un<ler hand 

and seal, bearing even date with these presents, contracted with the said mayor, 
aldermen, and commonalty, to furnish all the materials and labor, excavate for, build, 
construct, and in all respects complete, in the manner, on the conditions, and for the 
considerations in the annexed and preceding contract mentioned and contained, .sowers 
in Ninety-fifth and Ninety-eighth streets, between B"iist and Third avenues, and iu 
First avenue, between Niiiety-lifth and One Hundredth streets, with biauches : 

Now, th(irefore, tht; condition of the abovi- obligation is snch, that if the said 

shall well and truly, and in good, sufficient, .and workmanlike manner, perform 

the work mentioneil in the aforesaid contract, and complete the same in accordance 
with the terms and ])ro visions therein stipul;ite<l, and in each and every respect com- 
ply with the conditions therein contained, then this obligation to be void, or else to 
remain in inll forc<," and virtue. 



Signed and sealed iu presence of — 



1832 



AFFAIRS IN THE DISTEICT OF COLUMBIA. 



State op New York, City and County of New York, ss; 

I, , of said city, being duly sworn, do depose and say, that I am a free- 



holder in the city of New York, and reside at number 



street, iu said city. 



and that I am worth the sura of fifty thousand dollars over and above all my debts 
and liabilities, including my liabilities as bail, surety, or otherwise, and over and 
above all my property which is exempt by law from execution. 
Subscribed and sworn this day of , 187—, before me. 

Notary Public. 

State or New York, City and County of New York, s» : 

I, , of said city, being duly sworn, do depose and say, that I am a free- 
holder in the city of New York, and freside at number street, in said city, 

and that I am worth the sum of fifty thousand dollars over and above all my debts 
and liabilities, including my liabilities as bail, surety, or otherwise, and over and above 
all my property which is exempt by law from execution. 

Subscribed a-'nd sworn this day of , 187 — , before me. 



Notary FnhUc. 



PAYMENTS. 



Date. 


Voucher. 


Amount. 



























[Indorsement.] 

No. . 

Contract for sewers in Ninety-fifth and Ninety-eighth streets, between First and 
Third avenues, and iu First avenue, between Ninety-fifth and One Hundredth streets, 
with branches. 



Contractor. 



-, 187 



Dated 

Assigned to 
Approved as to form. 

Examined and found correct. 
Entered in the comptroller's oflSce, 



Counsel to the Corporation. 



Ib7 



First Assistant Book-keeper. 



]^OTE. — After haviug read the prices of sewers iu New York City, 
the governor stated as follows : I will call atteutiou to the fact that the 
departineut of public works iu New York charge coutractors, as I have 
read, 30 cents for six-inch pipe, the same pipe we charge 17 cents for. 
For twelve-inch pipe they charge 90 cents, for which we only charge 65 
cents. The same ratio is preserved throughout. 

By the Chairman : 

Q. Are these prices the present prices? — A. Yes, sir; the prices 
during 1872 and 1873. 

Q. State the circumstances under which the prices of wood-fence was 
fixed by the board, and what knowledge you have of the connection of 
Francis H. Smith with the contract. — A. It was deemed necessary by 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1833 

the board to inclose all the little grass-parks whicli, umler the improve- 
ments, were forniod on the diflerent streets and avenues of the city, and 
it was a question with the board what kind of fence we should i)ut up. 
We advertised for i)roposals for a two-rail fence, two by three, the prices 
of which varied from 30 to 70 cents a foot ; but the fence was considered 
too clumsy. This man Colton, whom I have known for some time as an 
industrious, energetic fellow, came to me one day, and said that he 
would like to do some fence for the board, and would get up a style of 
fence, and submit it for the inspection of the board ; which he did. He 
said previously that Mr. Smith would furnish him the capital, and give 
him all the lielj) necessary to carry out the contract. I have here an 
abstract of the whole proceedings, and, if the committee choose, I will 
put it into the record. It is from the records of the board. 
The abstract was submitted, and read as follows : 

n. V. Colton, pages 603 and Q>\2, printed evidence. 

April 3, 187:? : Proposed to put up fences on Third and other streets, at 50 cents per 
foot. L. R., A-73, No. 3388, file. 

July 10, 1873 : Directed to put up fence on sundry streets, at 40 cents per foot. 
L. R.,' 15-73, No. 5761 ; C. L. B., vol. 4, 1873, page 887. 

August 15, 1873 : F. H. Siuith filed power of attorney from II. V. Colton to collect 
and receive from the board of public works any and all money due or to become due 
him duriii<r the year 1873, for the construction of fence, or on any other account what- 
ever. L. R., 3-73, No. 8364 ; referred to auditor September 16. 

September 10, 1873. F. II. Smith states that ho has received a lar-^e supply of cypress 
lumber, and asks that some additional streets be assigned Mr. Colton to build fences. 
L. R., 3-73, No. 8590. 

September 10, 1873 : F. H. Smith requested that 45 cents per foot be allowed for the 
fence construeted by Mr. Colton with round rail. September 15 : Mr. Smith notified 
that the price fixed for the fence constructed by Colton was 40 cents per foot, and that 
no increase would be made. L. R., 3-73, No. 85U2 ; C. L. B., vol. 7-73, page 632. 

September 15, 1873 : Contract with Colton for two-rail fence on sundry streets, C. L. 
B. 7-73, p. 587. 

September 16, 1873 : F. II. Smith requests that an order be given for construction of 
wooden fences along center parks in New York avenue from Ninth to Fourteenth 
streets, and Pennsylvania avenue east, at 50 cents per foot. September 22: Auditor 
directed to allow Colton 50 cents per foot for these fences ; all others 40 cents. L. R. 3, 
1873, No. 8845 ; C. L. B., vol. 7, 1873, p. 877. 

January 6, 1874 : Power of attorney to F. II. Smith to collect and receive any money 
due him for work and material from board of public works, to be irrevocable until 
March 1, 1874, and to continue in force until such time thereafter as he may uot other- 
wise order, in consideration of money advanced. L. R. 1, 1874. No. 314 ; January 9, re- 
ferred to auditor. 

No contract for tree-boxes. 

Washington, D. C, 1874. Colton, H. V., 603, 612. 

As to connection of himself with F. H. Smith in tree-bo^ contracts, on what esti- 
mate were these contracts let ? 

Has tbe board any papers showing Colton, II. V., with relations in the matter — 
power of attorney or the like ? 

The original documents of the board show that, ou the 30th of April 
1873, this proposal was received : 

Washington, D. C, April 30, 1873. 
Sir : I propose to furnish and put up, for parks on Third street west, above F, and 
such other streets as you may designate, as follows : For front of park, similar in stylo 
to that opiMwitc house of F. H. Smith, .520 Third street, except that thtue shall be throe 
wires instead of two. Posts, corners, 4 by 4 inches, 4 feet long ; middle posts 3 by 4 
inches, same length ; rails 2 by 2 inclies, secured firmly by mortise; all woo<l-work to 
be best Carolina i>ine, dressed, and painted two coats; posts set in the ground 18 
inches ; three galvanized No. 3 wires to be used ; price 50 cents per linear foot of fence. 



1834 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Lateral fence, for division of parka. 

Three by tliroe inch posts, 3^ feet long, Caroliua piue, dressed and painted; 1^ feet 
in the ground : two wires. No. 3, galvanized ; price 20 cents \)qv linear foot of fence. 

H. V. COLTON, 
59 H Street, northwest. 
A. R. Shepherd, Esq., 

Vice-President Board of Piiblic Works. 

I have gone over the estimates for the above with Mr. Coltou, and am satistied they 
are as low as the fence can be made and the work thoroughly done. 

FRANCIS H. SMITH, 

520 Third Street. 

findorsement.l 

No. 3388 (B. of P. W., vol. 1,) 1873. Washington, D. C, April .30, 1873. Colviu, H. V., 
59 H street, N. W. Proposal to furnish and put up for parks on Third street 
west, above F and other streets, posts, rails, and wires, as described. Price 50 
cents per linear foot of fence. Lateral fences at 20 cents. Estimates approved by F. 
H. Smith. 

Board op Public Works, District of Columbia, 

Washington, May 3, 1873. 

Respectfully referred to A. Cluss, esq., engineer in charge. 

Mr. Shepherd thinks well of these and will order some. He desires you to report 
your opinion, and also to examine them and see if the cap of the post cannot be im- 
proved. 

By order of the board : 

EDWARD JOHNSON, 

Chief Clerk. 

An estimate of this fence foots up as follows : 

[Sketch of fence.] 

There is required for a panel 6 feet long : 

,1 post 5' long, 3" by 4" dressed, &c., at 6 cents $0 30 

6 linear feet of bar 2" by 2" at 5 cents 30 

Digging a hole and setting a post , 25 

A mortise through post, &-c 30 

12 feet of i^th wire, at 5 cents 60 

Painting in 3 coats 50 

2 25 
10 per cent, contingent 23 

2 48 
Which makes 42 cents per linear foot. 

I recommend that an experiment be made at once, extending through a sufficient 
length of a street, and when successful, then to go on on a larger scale. 

ADOLPH CLUSS. 
14-5-'73. 

The inclosed s]3ace on New York avenue would, in my opinion, be a fit place for the 
test. 

A. C. 

Upou that this party was authorized to go ou aud fit up that street. 

By the Chairman : 
Q. Mr. Cluss was then your engineer? — A. Yes, sir; it was referred 
to him to report as to the price. 1 will state, however, in regard to that 
that upon consultation it was found best to do away with the wires, as 
the boys would get on them with their feet and bend aud swing them 
down so as to destroy their straight outline and make it an ugly-look- 
ing fence. Instead of that they did away with two wires aud put in a 
neat round bar, strong enough to support a boy if he got on it, without 
breaking it and without springing it. Ou the 3d of July, 1873, there 
was an additional proposition from Mr. Coltou : 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1835 

Washington, D. C, July 3, 1873. 
Dkah Sik : I propose to furnish and put up complete, of best material, fence similar 
to that on N'ew York avenue, west of Ninth street, or anj^ other portion of eijual cost, 
in frout of parking which is completed, or as the same nuiy ho completed, at the rate 
of 40 cents per linear foot, payable as the same may be accepted by the board, viz, in 
front of all parks for which no provision has been made for stone coping or iron or 
other fence, or which may not be excepted by the board, on the following streets and 
avenues: East Capitol, North Capitol, New York avenu(% Massachusetts avenue, G, H, 
K, and L streets, northwest, Fourth, Eighth, Tenth, Eleventh, Twelfth, Thirteenth, 
Fifteenth, Sixteenth, Ninteenth, Twentieth, Twenty-first, and Twenty-second streets 
west. 

Very respectfully, 

H. V. COLTON, 
59 H Street, 
Per S. H. T. 
A. R. Shkphkrd, Esq., 

T'ke-PirsidcHt Board ruhlic IVarks. 

Cunningham : Select streets where this is most needed. 

A. R. S. 
[Indorsement. [ 

No. 5604 (Board of Public Works, vol. 2,) 1873. Washington, D. C, July 3, 1373. 
Colton, H. v., 59 H street. Proposal to furnish, and put up complete, fence similar 
to that on New York avenue, west of Ninth, at forty cents per linear foot, giving a list 
of streets. C. L. B., volume 4, 1873, p. 888. 

Board of Public Works, District of Columbia, 

Washington, July 3, 1873. 
Respectfully referred to 5Ir. Cunningham, whe will select streets where this is most 
needed. 
By order of the board : CHAS. S. JOHNSON, 

O. K. Assistant Secretary. 

Respectfully returned, with recommendation that Massachusetts avenue, from Four- 
teenth to Ninth, on north side, and from Eleventh to Ninth on south side; New 
York, from Seventh to First street, northwest, on both sides ; Twentieth, Twenty- 
first, and Twenty-second streets, from Pennsylvania avenue to F street, northwest, is 
about all that a e in need of fencing. 

CHAS. W. CUNNINGHAM, 

July 7. Inspector, 

Give order for this also : Sixteenth street, from L to R street. 

Is this Sixteenth street from S to R, or L to R, streets? I am not quite sure which 
i.s intended. 

C. S. J. 

L to R street. 

That is the history of the fence question. 
By the Chairman : 

Q. State your knoAvledge of the character of the bricks used in the 
B-street .sewtT ; whether at anytime you inspected the same? — A. I 
carefully inspected those bricks every day, for it was a sewer in which 
I felt a special interest, as the filling up of the canal and the building 
of a sew er alongside of it was one of the prominent features in the last 
investigation. Of course, as the executive oflicer of the board, I felt a 
sjx'cial interest in having the work thoroughly done, so that tlie plan 
wliich we liad adopted of getting rid of the old pest, the canal, and 
putting a sewer along.side of it, would be a successful experiment. I 
wi'Dt daily along the work, sometinu's with the engineer ami sometimes 
with other members of the board. The bricks tliat were u.sed, in .some 
cases, were of a light color. . I suppose I have broken hundreds of them, 
but on breaking them I found that inside they Avere good red brick — 
solid brick; an<l the fact that the sewer stands to-day, after having been 
iu operation for two or three years, and after it has been inspected by 



1836 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

persons in the employ of the board by going- in and through it, is good 
evidence that the work was well done. 

Q. State the facts in regard to the Seventh-street and Bladens- 
burgh road. — A. The Bladeusburgh road I knew very little about, as it 
was a matter which did not come under my special notice. But 1 was 
importuned by Colonel Rives, and a great many persons living on the line 
of the road, Mr. Clark Mills and others, in regard to the condition of it. 
I ordered that a plan and profile should be prepared, and that an adver- 
tisement should be inserted calling for bids for the improvement of this 
road. We received bids, and awarded the work to Mr. Crowley, who was 
the lowest bidder. After he had done some $4,000 or $5,000 worth of 
work, a measurement was made, and he was paid some $4,000 ; and the 
day on which he was i)aid it I was at the office late in the afternoon, and 
word was sent to the office that there was a great crowd of laborers 
at the Herndon House, at the corner of Ninth and F streets, who had 
been defrauded of their pay, and that there were fears of a riot. I got 
Colonel Magruder, who was treasurer of the board, to go there. The 
statement was that this man Crowley had attempted to cheat his 
laborers — got drunk, or something of that kind. Colonel Magruder 
went up and saw him, and, by dint of moral suasion and a little 
force, got from him the money which he had not spent, which was 
some two thousand dollars, I think ; I do not recollect the exact 
amount. He brought it down, and it was paid out to the laborers, and 
the balance has not been paid to this day. We tried again. We offered the 
work to Mr. McNamara, and I think one or two other parties. We offered 
it to a man named Davenport, at board rates. Every one refused to 
undertake it. As the season was getting late, and as the people living 
along the line of the road were very importunate, we engaged Mr. 
Vanderberg to do the work at an advance upon board rates, the lowest 
price at which it was possible to get it done at that time. It was simply 
done by him as a matter of accommodation to the board, he having no 
desire to do it, as he could work to far greater advantage in the city. The 
work was done, and I inspected it the day it was finished. It was 
completed in 45 working days ; was a very excellent job. I went over 
the road the day it was finished, and I have never seen a road in better 
condition. I have not been over it since, but I understand from parties 
who have been over it that the road is in very good condition, except- 
ing some little holes washed in it by the rains of this season. 

In regard to the Seventh-street road, I am thoroughly familiar with it. 
It is the great thoroughfare leading from Montgomery County, and all 
the region north, into the city of Washington. It was held by a turnpike 
company for many years, who did nothing to it except to collect tolls. It 
was in a horrible condition when the board of jiublic works came into 
power. In some places the road was not over .15 feet wide, with ravines 
on each side of from 30 to 40 feet in depth. My wife and family were rid- 
ing out one day, and the horse shied and threw them over the bank, some 
12 feet. Fortunately no one was hurt. But the road was shunned by 
everybody. Instead of being a turnpike, it was a shun-pike. It was de- 
termined by the board to improve this road. An estimate of the cost was 
submitted at $25,000. It was found that that amount would not begin to 
do the work. Work was gone on with, the grade carried out, and a mag- 
nificent road made of it. It is one of the finest roads in the country. 
I rode on it last week. With the exception of some few holes where 
the rain had settled, it is in elegant condition. Five hundred dollars 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1837 

will i>nt it in condition etiual to any road in the United States of America. 
It is about tive miles lony', and sixty to sixty-six feet wide. 

By the Chairman : 

Q. Do you know the cost of that road ? — A. I think the cost was one 
hundred anil forty to one hundred and fifty thousand dollars. 

Q. About thirty thousand dollars to the mile '. — A. Yes, sir. 

Q. Or graveled ? — A. It is graveled all the way, and macadamized 
12 feet in the center all the way out — macadamized 12 inches deep. 

Q. ^Macadamized and graveled the whole width, GO feet ? — A. Xo, sir; 
it is macadamized 12 or 15 feet in the center, and graveled on the sides. 

Q. That is, the full width of GO feet ?— A. Over to the gutters. There 
are gutters formed on each side to prevent washing. I supi)Ose the 
width of the road is about oo or 5G feet. 

By Mr. Hubbei.l : 

Q. That is the one that leads to the Schutzen Park ? — A. Yes, sir. 
The lower part of that road was graveled with excellent gravel. In the 
upper part the gravel was the best that could be had, but not as good as 
the lower part. There are oidy two bad places in it; one about half 
way out, and the other about two-thirds of the way out. 

By the Chairman : 

Q. ^^'as that road built by contract or by day's work? — A. That 
work was built by day's work, except the macadamizing; this was 
done by contract. 

Q. I will ask you this (piestiou : It is said that it was very improvi- 
dently done. I think some of the people living on the line of the road 
have been before us, and testified that it was very improvidently man- 
aged. — A. There were two parties living on the road who testified, and 
who I think would have been dissatisfied with anything that would have 
been done. They were dissatisfied with any and all improvements at all. 

Q. What do you think about it yourself? — A. 1 think that work was 
done as chea[)ly as it was possible to do work of that kind. 

Q. State the action of tlie board in regard to the treating of wooden 
pavements and the laying of the concrete pavenient. 

The witness submitted and read the following, as an answer to the 
question. 

Advertisements for se.alcd proposals for the preservation of wooden pavement blocks, 
by any or all of tlie different methods used for treatment of wood, was published 
February 9, 1872, in the dailies — Chronicle, Star, and K(?pul»licau — of this city, and 
Philadelphia Press, Boston Journal, and New York Times. Journal A, 1>^7'2, p. (50. 

February 20, 1872 : Proposals for preservation of wood for wooden pavements wei'e 
opened by the vice-president. Journal A, 1872, p. 75. 

On the same date the advisory board of engineers was requested to be j)resentat a 
meetini; of the board on Friday, 2:5d instant, at 1 o'clock p. m., to consider the different 
methods of pn^serving wood. Journal A, 1872, p. 70. 

February 2:{, 1872: Tlie board met at half pa.st 1 p. m. Present: Governor Cooke, 
Messrs. Shepherd, Mayruder, and Brown ; of the advisory board. Generals Humphreys 
and Barnes. 

The members of the advisory board were present, by request, for tlni purpose of 
considering, in connection with the iji>ard, the proposals for preserving wood for wooden 
pavements, which were opened on the 20th instant. 

The following bidders were rei»ri'.sented, viz: C. G. Watorbury, by James G. Adam.s ; 
De Golyer & McClelland, by Nickerson cV Mct'lellaud ; A. B. Tripler, not represented; 
Detwilder «.t Yan Gilder, not n^prestjnted ; .I.E. Dextei-, not represented; Charles L. 
Colt, not represented; John G. Moore, by .John G.Moore; W. T. Peltnu, by W. T. 
Peltou ; R. W. Trunde, not represented ; Sigisminid Beer, not represented. 

Addresses were made relative to the merits of the several processes. 

Upon the reeonuuendatifin of the members of the advisory board, the parties repre- 
senting the bidders were requested to furnish sample.M of wood prepared by their re- 



1838 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

■spective processes, with a view of having a practical examiuatiou made of their rela- 
tive merits. After which the members of the advisory board withdrew. Journal A, 
1872, p. 78. 

February 29 : General J. K. Barnes was advised that samples of wood preserved by 
different processes were ready for the test proposed by him, and he was re(piested to 
designate some person to make the chemical analysis. Journal A, 1872, p. 87. 

March 1 : Dr, B. F. Craig, chemist, Army Medical Museum, was informed that Surgeon- 
General Barnes had designated him to make the chemical analysis of specimens of 
preserved wood, which specimens, fifteen in number, were forwarded to him. Journal 
A, 1872, p. 89. 

The original papers, relative to the various methods of preserving wood — samples of 
which have been forwarded — were transmitted to Dr. B. F. Craig, U. S. A., for his infor- 
mation, the same to be returned to this office for file. Journal A, 1872, p. 98. 

May 9. — The able, comprehensive, and exhaustive report on the different i)rocesses 
of preserving wood was received from Gen. J. K. Barnes, and the thanks of the board 
were returned for the same. (Journal A, 1872, ]). 207.) 

May 10. — John O. Evans was awarded a contract for paving Pennsylvania avenue 
■from Eighteenth street to Rock Creek, and on Aqueduct and Bridge streets, George- 
town, to High street, with the Ballard or iron-wood pavement ; blocks to be .5^- 
iuches deep, and to be treated by the " Seely process," at $3.50 per square yard com- 
plete. (Journal A, 1872, p. 213.) 

May 13. — The advisory board of engineers was requested to meet with the board on 
the 15th instant at 2 o'clock p. m. (Journal A, 1872, p. 213.) 

May 15. — Generals Barnes, Meigs, and Babcock, of the advisory board of engineers, 
were present by appointment for the purpose of considering the report of Doctors 
Craig and Tilden upon the specimens of i^reserved wood submitted to them for chemi- 
cal analysis, for report of the advisory board of engineers. (See p. 226 Journal A, 
1872.) 

The Witness. I will state that the advisory board consisted of Geu- 
eralllumphreys, Chief Engineer of the Army, General Meigs, Quarter- 
master-Geueral, the engineer oflicer who bnilt this building, and General 
Barnes, Surgeon-General, and General Babcock. All these different 
samples were submitted to two chemists in the employ of the Surgeon- 
General, who made their report recommending first the creosoting, and 
secondly the bnrnettizing, and lastly the Samuels process, of which they 
did not think a great deal. The advisory board recommended that the 
board of public works use the concrete pavement as far as possible in 
the city of Washington, which advice was adopted, and so far as pub- 
lic opinion would allow the concrete pavements they were laid. 
There was great prejudice, however, against them in the city, which is 
wearing away, but which has not yet entirely, and the board 
endeavored in mo >t instances to consult the wishes of the property- 
holders on the various streeets in regard to the kind of pavement to be 
laid. 

By the Chairman : 

Q. Have you not made large contracts for wood pavements since the 
report of that board f — A. O, yes. I say that the reason that we could 
not put down concrete was the popular feeling against them. I have 
here an abstract of petitions presented to the board in regard to the 
different pavements. There are some 35 or 40 different petitions. If the 
committee choose I will put the abstract in. 

The abstract referred to is as follows : 

Tenth street, heijond K street— 'November 13, 1872. R. V. Belt states the property-own- 
ers would like to have wood pavement. No. 11556, vol. E, 1872. 

Sixth street, northwest.— November 21, 1872. W. B. Todd requested that this street be 
laid with Flanagan wood pavement. No. 11931, vol. E, 1872. 

B street, hetween Second and Third streets, 7wrthtvest.—Se])temberl, 1872. Adams Express 
Company requested that this street be laid with wood pavement. No. 9132, vol. D, 
1872. 

Twenty-fourth street.— July 22, 1872. C. L. Hulse incloses petition of property-holders 
iu this street, in favor of wood pavement. No. 6441, vol. C, 1872. 



TESTIMONY OF ALEXANDER E. snEPHERD. 1839 

Pennsjih-aiiia avetine east. — May 11, 187'2. G. F. Gnlick states that the property-holders 
prefer wood paveuunit to inacatlam. No. 31569, voL B, 1872. 

Eleventh street to O street, northwest — July 27,187*2. F. W. Pratt requested that pave- 
ment be extended alonj^ this street. No. G826, vol. C, 1872. 

Tenth street, lieiiond X street. — Nov. 30, 1872. R. V. Belt and others request the wood 
pavement be continued on this street. No. 13282, vol. E, 1872. 

E, befireen Thirteenth and Fourteenth streets, northwest. — Octolter 21, 1872. A. Nailor, 
jr., and others, reijuested that the street be paved with wood or concrete. No. 10536, 
vol. E, 1872. 

Fifth and G streets, intersection of. — October 23, 1872. W. R. Ford and others re- 
quested tliat this street be laid with sqiuire-block pavement. No. 10048, vol. E, 1872. 

Third .street, between Pennsijlrania arenne and C strei-t, southeast.— An<^uiit 2'.i, 1S72. P. 
McNannira requested that this street be laid with wood pavement. No. 8039, vol. D, 
1872. 

Eighth street east. — April 24, 1872. J. H. Hilton and others requested that this street 
be laid with woo<l i)avement instead of macadamized. No. 2603, vol. B, 1872. 

D street, between Third street and New Jersey avenue, northwest. — August 31, 1872. J. L. 
Barbour requested that this street be laid with Stowc pavement. No. 8318, vol. D, 
1872. 

Defrees street, northwest. — October 31, 1872. C. H. Underwood requested that this 
street be paved witli wood pavement. No. 11310, vol. E, 1872. 

Twenty-first street, between .1/ and X. — October 28, 1872. C. Smith and others, requested 
that this street be paved with wood pavement. No. 11.514, vol. E, 1872. 

E street, between Fifth and Seventh streets, northwest. — August 1, 1873. T. L. Hum 
requested that this street be paved with wood. No. 70.')9, vol. C, 1873. 

Eleventh street as far as Vermont avenue, northwest. — September 20, 1872. G.E.Davis 
et al. requested the black pavement on this street. No. 9070, vol. U, 1872. 

Seventh, above M street, northwest. — August, 1873. F. A. Weggerman requested a 
wood pavement extended on this street. No. 7254, vol. C, 1873. 

West, between Washington and High, Georgetown. — May 28, 1873. J. L. Simms et al. 
requested that this street be paved with round block. No. 4342, vol. B, 1873. 

Xew Jersey avenue. — October 10,1872. J. Broadhcad states he is in favor of paving 
this avenue witli wood or concrete. No. 10160, vol. 1), 1872. 

High street, Georgetown. — October 10, 1872. J. S. Kidwell et al. requested that this 
street be paved with wood instead of cobble stone. No. 10182, vol.4, 1872. 

Nineteenth street, between P-streei circle and Boundary. — October, 1872. R. Waldo et al. 
protests against tlie laving of a cobble-stone pavement on this street; prefers/a wood 
pavement. No. 10211, vol. D, 1873. 

G street beiiveen Twenty-second and river. — February 8, 1873. George I. Mcllhenuy re- 
quests Belgian block or first-class wood pavement on this street. No. 1331. vol. A, 
1873. 

D street from Third street to Xew Jersey avenne. — May 28, 1872. J. L. Barber et al. re- 
quested that this street be paved with Ballard wood pavement. No. 4449, vol B, 1872. 

East Capitol street. — March 28, 1872. W. E. Creary et al. requested in behalf of the 
property holders tliat this street be paved with wood. No. 4463, vol. B, 1872. 

Tenth street beyond R and S streets. — August 25, 1872. E. A. Booremau requests 
that wood pavement be continued on tins street. No. 8002, vol. C, 1873. 

I street between Seventeenth and Eighteenth streets. — ^larch 17, 1873. Lieutenant Noonau 
and J. Redfern rotiuested that this street be paved with wood. No. 2113, vol. A, 1873. 

Fifth street between Xinth street and Xew York avenue. — August 2, 1873. I. Ball et a!. 
asks that this street be paved with blocks of wood. No. 9124, vol. C, 1873. 

B street, southwest. — March 25, 1873. R. 13. Donaldson et al. Requests that this street 
belaid with stone or some other good block i)aveinent. No. 2571, vol. A, 1873. 

Alley in squavel^'AK — April 2, 1873. E. Thompson et al. requested this alley be paved 
with round block pavement. No. 2.596, vol. A, 1873. 

April 8, 1873. W. M. Gait wants Morse wood pavement. No. 2703, vol A, 1873. 

B, between Fourth and Fifth streets, southeast. — November 20, 1873. E. T. Bowen re- 
quested that tills street be paved witli wood pavenuMit. No. 12041, vol. U. 1873. 

West, belwnn Washington and High. — Ajiril 10, 1873. II. H. and J. L. Simuis wants 
this street laid with wood, instead of concrete. No. 2832, vol. A, 1873. 

Third street briu-ien ('and J), southeast. — February 18, 1H74. T. Dennis et al. wants this 
street paved witli rouml blocks. No. 2025, 1H74. 

East Capitol stmt. — .July 17, 1872. Riciiard Rothwoll et al. petitioned against this 
street being paved with Belgian block pavement. No. 0451, vol. C, 1872. 

Maryland arenue between Sixth and Serenth sirrets. — September 28, 1872. Charles Hindey 
requests a few minutes conversation with Mr. S. in regard to laying wood pavement 
on this street. No. 9584, vol. D, 1872. 

Q. That would be an answer to tlie stii (jne.stion. These, are Ironi 
property owners adjacent to the .street? — A. Yes, sir. On the streets 
that were being inii)roved. 



1840 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. State why the board permitted a farther amount of the De Golyer 
pavement to be laid after having ceased to allow it? — A. As I stated in 
my former testimony, there was great complaint in regard to this De 
Golyer pavement, and I felt indisposed to have any more of it laid. 
There were various applications and statements made in regard to the 
lumber which they had treated, and that if they had to reship it 
would cost a great deal of money. They contended that their pave- 
ment was e(jual to any pavement which had been laid. After a consid- 
erable time had elapsed, I said to the applicants, I think, that if these 
j)arties would furnish evidence from Chicago that their pavement was 
considered there a good pavement — that the pavements which they had 
laid were in good order — the board would allow them to put down what 
they had here. They sent on this certificate, signed by the board of 
public works of Chicago, which I will read. That was addressed to Ray 
& Whitney, the gentlemen who had bought out De Golyer & McClelland, 
and who became possessed of their machinery. 

It reads as follows : 

Office of the Board of Public Works, 

City Hall, Chicago, October 1, 1873. 
Messrs. Ray & Whitney : 

Gentlemen: Iu answer to your inquiry regardiug qviautity, couditioii, &c., of the 
" ironized-wood pavement," in this citj^, would say there has been about 160,000 square 
yards laid iu this city since the fall of 1869. The pavement at present time is in ap- 
parent good and sound condition. It has been in use so short a time that we have had 
only a limited experience with it, and in consequence are unable to form any accurate 
opinion in regard to the lasting qualities of the process. Can only say that the pave- 
ment is uow in good condition. 
Respectfully, 

W. H. CARTER. 
■ R. PRINDIVILLE. 
J. K. THOMPSON. 
GEO. W. WILSON. 

No. 12356, (B. of P. W., vol. 4,) 1873.— 2079. Chicago, Illinois, October 1, 1873. 
Carter, W. H., and others, commissioners: State, in reply to inquiry relative to the 
ironized-wood pavement, that there has been about 160,000 square yards laid since fall 
of 1869, and that it is now in good condition. That in consequence of the short time 
it has been down they have only a limited experience with it. 

Board of Public Works, District of Columbia, Washington, November 28, 1873. Re- 
spectfully referred to Hon. Adolf Cluss, engineer iu charge. By order of the board: 
Frank T. Howe, chief clerk. 

Respectfully returned to B. P. W. for file. Adolf Cluss, engineer in charge. Jan- 
uary 5, 1874. 

I would state further, in this connection, that the board were very 
anxious to get the work done which they had undertaken. The streets 
were cut up, and upon this presentation of the case they did not think 
they would be justified in preventing these parties from at least laying 
down as much as they had proposed and were ready to do. 

By Mr. Stewart : 
Q. What amount was that? — A. Twenty-four thousand yards. 

By the Chairman : 

Q. I will ask you to state your own opinion as to the reasonableness of 
a price for pavement which would allow a bonus of 50 cents a square 
yard to secure a contract? — A. 1 do not think that they could allow any 
bonus to be paid if their work was properly done and they guaranteed 
it for three years. 

Q. But they did propose to pay a bonus iu the very beginning. — 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1841 

A. Well, that was a thing of which I knew nothing at all, and had I 
known it they never would have laid a foot of pavement in Washing- 
ton. 

Q. But still they seemed to think that the price would justify them in 
paying 50 cents per square yard for securing tlie contract. — A. Well, Mr. 
Chairman, it strikes me that that was based upon the idea that they 
would form connections here which would enable them to lay their pave- 
ment in a cheap manner. Looking at it from this stand-})oint, that is ray 
firm impression : that they thought, through the certain agencies 
they had secured my influence, which would enable them to lay a cheap 
pavement in this city, in which impression they found they were mis- 
taken, very much to their cost. 

Q. !Stat«^ the circumstances under which a contract was awarded to 
O'Connor ^: Shanley. — A. I have numerous propositions li'om O'Connor 
(S: Shanley. 1 will read the history of their offers if you desire it. 

Tiie documents were read by the governor, as follows : 

To the honorable memhers of the hoard of puhVic worlcs of the Difftrict of Columbia : 

SiH8 : The nmlersigned hereby propose to lay two humlred thousand square yards of 
wooden pavcnnent — treated blocks — of such style or patent as may be approved of by 
the board of public works of the District of Colunil)ia, the work to be coniiiieuced as 
near the first of April next as the weather will permit, and be completed by or before 
December fojlowinji, provided the streets are duly prepared for the pavement. The 
price to be three dollars and fifty cents (iii^.ijO) per square yard for treated blocks. 

We respectfully refer you to the accompanying papers as to our ability to fulfill any 
contract that may be awarded us. 
March 17, l,-^73. 

THO^fAS O'CONNOR. 
MICHAEL SHANi^EV. 
BERNARD M. SHANLEY. 

Newark, N. J., March 15, 1873. 
(Jkxtlemkx : Messrs. Michael Shanley & Son, contractors of this city, are desirous 
of engaging in work upon your streets, and having known them many years, I can 
certify to their responsibility and litness to carry on the business they are engaged in. 
They stand high in this community, and I am satisfied they will carry out auj" engage- 
ments made by them. 

Respectfully, vours, 

MARCUS L. WARD, 
To the Board of Public Works, 

Washington, D. C. 

Newark City National Bank. 

Nttcark, X. J., March If), 1873. 
Gentlemen : M. Shanley &, Son, of this city, contractors, want to engage in work in 
your city ; they have had an account in this bank about ten years, and always been 
prompt in their engagement, and own real estate, and any contract they undertake we 
believe thev will do satisfactorily. 

S. H. PENT^INGTON, 

President. 
A. BALDWIN, Cashier. 
To tiie Board of Plblic Wokks, 

Washington, I). C. 

[Indorsement.] 

No. 3094, (B. of P. W., vol. 1,) 1873. Washington, D. C, March 17, 1873. O'Connor. 
Thomas; Shanley, Michael ; Sliauley, Bernard M. Pro])osals to lay wood paveniejit, 
trtated, at 5i3.50 stpiare yard. Testimonials of A. Baldwin and Hon. Marcus L. Ward 
inclosed. 

On the 8th of July they made another i)roposition : 

8(J7 Broad Street, Newaiik, N. .7., 

Jtthj 8, 1873. 
Sirs : We propose to lay twenty-five thousand (25,000) yards of trap-block ])avenient, 
in accordance with printed Kpeciticatioiis, in such street or streets as you may select 

IIG D C T 



1842 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

for the sum of three dollars and fifty ceuts ($3.50) per square yard, and to finish and 
complete the same within two months after contract is sifjned. 

Also to lay twenty-five thousand square yards of wooden pavement within the same 
time, and at the price fixed therefor, prepared blocks by the Robbing process to 
be used. 

THOMAS O'CONNOR. 
MICHAEL SHANLEY. 
BERNARD M. SHANLEY. 
The BoAHD or Public Wokks, 

jrashiiigtoii, D. C. 

[Indorsemeut. 1 

No. 6196, (B. of P. \V., vol. 2,) 1873. Newark, N. J., July 8, 1873. O'Connor, Thomas ; 
Shanley, Michael ; Shanley, Bernard M. Request the contract for laying 50,000 yards 
wood pavement. 

Theu, on July 10, 1873, tliey make the following proposition: 

Washington, D. C, Juhj 10,1873. 
Gentlemen: The undersigned respectfully propose to lay twenty-five thousand 
yards of square block- wood pavement, as may be approved by the board, at the price of 
|!3.50 per square yard. Also tvA'enty thousand square yards of Belgian stone pavement, 
at the price of $3.50 per S(iuare yard. 

We respectfully ask your early consideration of the above. •„ 

Very respectfully, 

O'CONNOR & SHANLEY. 
To the Hon. Boakd of Public Works, 

Of the District of Columbia. 

Care J. J. Hinds, 

508 Twelfth street, K. JF. 

[ludorsemeut.] 

No. 5868. (B. of P. W., vol. 2,) 1873. Wash., D. C, July 10, 1873. O'Connor and 
. Shanley propose to lay 25,000 yds. of square block wood pavement, at $3,50 per sq. yd. 
20,000 sq. yds. Belgian stone pavt., at $3..50 per sq. yd. 

On the lltli July they addressed the following communication to the 
board : 

867 Broad Street, Newark, N. J., July 11, 1873. 
Sir: We take the liberty of inquiring what disposition has been made of our appli- 
cation to the board of public works for contract for paving, sent in on the 8th in- 
stant. We were unable to remain in Washington until next day on account of pressing 
business matters here requiring our return. 
By sending reply, you will oblige your obedient servants, 

O'CONNOR & SHANLEY. 
A. R. Shepherd, Esq., 

Vice-President Board Public TVorks, Washingtou, D. C. 

f ludorsemeut. i 

No. 6169 (B. of P. W., vol. 2) 1873. Newark, N. J., July 11, 1873. O'Connor & Shan- 
ley, 867 Broad street, w' ish to know what disposition has been made of their applica- 
tion for contract for paving. 

On the 12th of July a contract was awarded to these parties, as follows : 

• Alarl: reply Xo. 5868, vol. 2, 1873. 

Board Public Works Di.'^trict ok Columbia, 

JFashiuyton, July 12, 1873. 
Gentlemen : I am directed by the board to inform you that a contract has been 
awarded you for laying 25,000 yards of wooden pavement of the Stowe, Miller, or other 
approved patent, to be laid upon such streets as may hereafter be desiguated, at the 
boai'd rates as established — the pavement to be in full accordance with the specifications 
of the patent — to be treated by the Seeley or Robbins process. The treatment of the 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1843 

■wood to bo under the inspection of the board at the mills. Also, that a contract will 
be awarded you for layini;- 10,000 yards of Belgiau-stone pavement of the New York 
specitication pattern, at the prices established by the board. You will notify the 
board when you are prepared to commence the work. 
Jiy order of the board. 

CHAS. S. JOHNSON, 

Aaxistant Secretary. 
Messrs. O. Coxxoi; & Siiani.ky, 

Care J. J. Hinds. No. 508 Twelfth street Korthicest. 

True copy. 

Secretary. 
On tbe 30th of July this letter was received : 

Washington, July 3<), 1873. 
Hon. Alkx. R. SHEriiKUD, 

J'ice-rresident Board of Public Works, JTashiiKjton, D. C. : 
Sir: We will accept the award of '2.">,()0U s(iuare yards of wood pavement, and should 
the street be prepared, will be ready to proceed with the work on or before the 5th day 
of August next. 

Will you do us the favor to designate the street, that we may make preparations to 
commence work at once, and we agree to tinish the same in sixty days ? We would 
prefer (if approved by your honoral>le board) to lay the De Golyer, No. 1 block, with 
bed-boards treated by the Waterbury or other oil process. 

Should you now award the stone contract of 10.000 square yards, we will agree to 
perform the work within the same time. 
We are vour obedient servants, 

O'CONNOR & SHANLEY. 

[Indorsement.! 

No. t>99T. (B. of P. W., vol. G,) 1ST3. Washington, 1). C, July 30, 1873. O'Connor 
& Shauley accept contract for '^o.OOO sijuare yards of wood pavement, and if the street 
is prepared, will be ready to proceed on or before August 5. Wish to know the street 
so they can make ))reparations. Would prefer to lay the De Golyer No. 1, with bed- 
boards treated by Waterbury or other oil process. Request contract for 10,000 square 
yards. 

That is the history of the O'Conuor & Shanley matter. They did not 
do any work — why, I do not know, but no work wa.s ever done by them, 
and there the matter rested. 

Q. I will ask you right here, did you know Mr. AVilcox in that trans- 
action '? — A. Mr. Wilcox was introduced to me, as was Mr. Ilinds, by 
some one, I do not recollect just at this moment who it was — some friend 
of theirs. The statement was made that these parties were interested 
with this O'Connor cS: Shanley, and were to superintend the work and 
liave something to do with it, and were to have an interest in it, in fact. 
My reply to them was that if responsible parties could be found to do 
the work, I sliould be very glad to get them, the object being to get 
men responsible to do whatever work we awarded. 

Q. You knew nothing of any arrangement by which Mv. Ilines was 
to have a contract fur him.self .' — A. >\)thing, whatever, beyond what I 
have stated. 

Q. He never had any promise from you that he should have a con- 
tract? — A. Never, that 1 know of. I was very careful in regard to that 
matter, and never treated with anyl)o<Iy but persons who were the con- 
tractors and who had some knowledge of the business, or who had 
( apital enough to cany out whatever they undertook. 

By Mr. AViLSON : 
Q. Did you ever designate the street on which that L'.'i.dOO yards was 
to be laid ? — A. No, sir; there was never anything done about it. 
Q. Did not they ask you in that letter to desig'imte the street ? — A. 



1844 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

Yes, sir; but they never came to have the street designated, and never 
sent tlie material or sent on anything else to begin the work. 

Q. They conld not very well do that until they knew A. If they 

had had any disposition to do the work they would have found out the 
streets without any difficulty. There were plenty of streets ready for 
them. 

The Chairman. State the circumstances connected with the filling' 
of the Washington Canal, and the benefit derived therefrom to the 
Government, and how much was paid for filling by the Government. 

Mr. Wilson. First let me ask what is the date of that award f — A. 
The award was the 12th of July, 1873. 

Q. On the 30th of July 1873— this letter bears date at Washington— 
you see they say they will be ready to proceed with the work on or 
before the 5th of August, and add " will you do us the favor to desig- 
nate the street that we may make preparations to commence the work 
at once, and we agree to finish the same in sixty days"'" That is signed 
by O'Connor & Shanley. What kind of a response did you send f — A. 
1 think that Avas presented in person, and I told them as soon as they 
were ready to go to work the street would be designated. 

Q. They asked you to designate the street so that they might get 
read^^ to go to work ? — A. It was just that way. If they had made any 
preparation to go on with their work ; shown any material or anything 
of that kind, I should have designated the street at once; but to come 
and ask me to designate a street without having made any preparation^ 
or done anything to show that they were prepared to commence the 
work, it was a thing I would not do. 

Q. Would it not have been a very easy matter to indicate to them a 
certain street that you desired to have paved, and then let them go 
on ? — A. I indicated to them that the moment they had material to go 
on with their work, the street would be designated. 

Q. What disadvantage would it have been to designate the street 
then, and let them prepare their material? Was not that a reasonable 
request ? — A. It was a reasonable request, provided they had the mate- 
rials here ready to go on with the work. The streets were being pre- 
pared ; there Avere a dozen streets cut up at that time, ready for the 
pavement. 

Q. How were the streets being prepared? — A. Why, by having the 
curb set, the foot-walks laid, the grading done, the water, gas, and 
sewer laterals put ou. 

By the Chairman : 

Q. I forgot to ask you if you saw Mr. Kirtland in connection with 
this pavement. — A. No, sir ; I never heard of Mr. Kirtlaud, as I stated 
before, uutil I heard of him here. 

Q. You didn't hear of hira in connection with this pavement? — A. 
No, sir ; I had no idea that he knew the parties, or that there was such 
a person. 

Q. What are the circumstances connectel with the Washington 
Canal ? — A. The circumstances connected with the AVashington Canal 
are simply these : The board determined to till it up, and build a sewer 
alongside of it. On that they received $122,216.80. 

C^. For filling it '! — A. Y^es, sir; and the law which made an appropri- 
ation for filling it up gobbled up the land which was reclaimed, amount- 
ing to more than 2,300,000 feet. 

Q. What do you mean by " gobbled up ?'' — A. They quietly took pos- 
session of it. It was land which belonged to the city of Washington. 

Q. Who took it? — A. The United States Government. The actmak- 



TKSTIMOXY OF ALEXANDER R. .SHEPflERD. 1845 

inji' the appropriation for this filliiiji- of the canal provided that all land 
reclaimetl should belong to the (loN'ernment of the United States. 

Q. Have you the cost to the city of that tilling — to the District — to 
the board of public works? — A. Well, it was simply a dumping-ground 
to get rid of the dirt which we were carrying oft" from the streets. It 
was a dumping-ground for the various streets which we were improv- 
ing. The earth was dum[)ed there. 

Q. Then you kept no account of the cost of filling up at all ! — A. No, 
sir. 

Q. Had this canal been filled before the appropriation had been 
made ? — A. It was then in the process of filling. 

Q. Where is that act ? — A. It wasjiassed along in May or June, 1872. 

Mr. Stanton. [Handing the act to the chairman.] It was jiassed May 
18, 1872. 

The Chairman. I will read it, so that it may appear in this connec- 
tion. 

The act was then read, as follows : 

K ACT makiug appropriations tor sundry civil expenses of the Government for the fiscal year ending 
June 30, 18''3, and tor other purposes. 

# » *. # # i^ «. 

To pay the board of public works of the District of Columbia the proportion of the 
costs properly payable Ijy the United States Gov-ernmeut for the hlling of tlie canal 
from Seventh street west to Seventeenth street west, and of the cost of the intercepting 
aewer along the canal adjoining the property of the United States Government, said 
■work being under the direction of the board of public works, $68,365, or so much 
thereof as may be necessary : Provided, That all payments made under this and the 
preceding appropriation shall be made only upon voucliers approved by the officer in 
charge of the public buildings and grounds of the District ; and no portion of the 
money herewith appropriated shall be used by the board of public works for any other 
purpose whatever than the purpose that is named in the said two last paragraphs. And 
the land made by the tilling up of the said canal is hereby declared to be the property 
of the United States. And the said appropriations shall not be construed to create or 
imply any obligation on the part of the United States in any respect whatever in 
future. 

By the Chairman : 

Q. I take that to mean that the money shall be appropriated — shall 
be used for tilling the canal and for no other purpose. — A. It was used, 
and more, too. 

Q. You say that approi)riatiou was u.sed for the purpose indicated ? — 
A. Yes, sir ; it was used, and more, too. On page 422 of the governor's 
answer you will find that it accounted for the amount stated there — 
filling the <-aual, less the amount paid, July, 1870. 

Q. 1 understood you to say that this was a common dumping-ground, 
and that the board of ])ublic works did not pay separately. — A. O, they 
])aid sejtarately. I did not mean to have you understand it that way. 
AVe did pay for filling up the canal, but in addition to that it was a 
dumping ground for our streets. Whatever benefit accrued went to the 
District — to tlie general fund of the District. 

Q. State what directions were given for the making of measurements 
as a basis of charges against the L'nitcd States Government, and 
wliether the United States Government has been charged more than 
they were entitled to i)ay. — A. The directions given were very strict — 
to the eflect that they shoidd be as accurate as it was possible for them 
to be in measuring tlie work. Those were the instructions given to me 
by General Ijabcock. I heard his instructions given to his engineer, 
and I reiteiated his instructions to (Uir engineer ; and while it is very 
|>ossible that some errors may have occurred — and I have no doubt some 



1846 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

have, aud that there were some overcharges — in the main, I think, the 
measurements are correct. I am pretty certain of one thing, that the Gov- 
ernment in oneitem alone, namely, the 5 percent, chargeable in contingen- 
cies, which were not charged to the Government, and which would amount 
upon the Avork done for them toover $200,000, which they have not paid, 
which has not been charged to them, is four times the amount of any 
possible discrepancies that may have occurred in this measurement ; 
and that if a measurement was ordered, and the Government paid as 
private-property owners and the District paid, it would amount to a 
great deal more than we have received. There are some points which 
have come out during this investigation, but of which I had no knowl- 
edge before. Mr. Wilson called my attention to reservation 17. I do 
not think that was a i^roper charge, but I knew nothing of it until my 
attention was brought to it here. There are probably some other cases^ 
of a similar character, but in the main the Government has not i)aid 
its quota. In this connection I would call the attention of the commit- 
tee to a statmeut in my answer as to the amount due the General Gov- 
ernment on account of these imjirovements. 

Q. What page ? — A. It will be found on pages 460 and 401. I will 
read : 

Question. What amount, if any, does the District government estimate ought yet to 
be paid by the United States for improvements made by the former? — Answer. The 
board of public vrorks, in their report to the President, dated tlie 1st day of November 
last, estimated the indebtedness of the General Government, on account of work done 
by them, to be as follows: 

For work in and around Government reservations aud public buildings. ^'^7'^, 171 ?.'> 

For work on avenues 1, 05fi, 574 36 

For main sewerage 2, 740, 687 83 

Total 4,370,427 94 

This, however, is but a small portion of the sum equitably due by the Government 
on account of expenditures made by our citizens in their corporate capacity for the 
improvement of the streets and avenues of the city of Washington, aud the roads aud 
thoroughfares of other parts of the District. The streets and avenues are held in fee- 
simple by the General Government. This has been expresslj' decided by the Supreme 
Court of the United States in the case of Van Ness against the city of Washington 
and the United States of America, in which the opinion was delivered by Justice 
Story, and will be found in the 4th Peters, page 27.5. Streets and avenues have since 
been opened or closed, as the purposes of the Government seemed to require, without 
regard to the original jdan of the city or the convenience of citizens ; and only re- 
cently, in extending the Capitol grounds. Congress appropriated aud iuclosed both A 
street north and A street south. The accompanying certificate of the superintendent 
of assessments and taxes, and of the surveyor of the District, shows that the area 
thus gained is 397,280 square feet, worth, under the appraisement directed by Con- 
gress, and confirmed by the supreme court of the District, !|.576,6.56. 

The Government has also retained the ground reclaimed by the filling of the canal, 
amounting to 2,330,195 square feet, worth, at the valuation of adjacent property, 
$2,500,000. 

The certificate of the register of the District as to the expenditures for improvemeu ts 
made since 1802, aud prior to 1871, is as follows : 

Corporation of Washington, from general and ward funds $5,660,204 38 

Property-holders of Washington, under special assessments 2, 585, 175 78 

Total of Washington City 8,245,380 16 

Corporation aud propert^ -holders of Georgetown 681, 184 19 

Levy court '. 272,867 59 

* 

Total expended 9, 199,431 94 

I hereby certify that the above statement is a true exhibit of the amouuts expeudeiJ 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1847 

for iinprovemeuts in the District of Columbia, as eviJeuoed by the vouclicrs ou (ilc in 
this office. 
Attest : 

JOHN F. COOK, 

JU'f/ister, D. C 
Rkgistek's OriicE, District oi" Columbia, 

Ftbruary 27, 1874. 

The expenditures of the board of public works since the District gov- 
ernment went into operation have been, on streets and avenues, as 
per statement of auditor $11, 175,978 7(5 

Total expended by citizens of District of Columbia since 1802.. 20,375,410 70 
The amount expended by the United States Government, during the 
same period, ou streets and avenues 4.476,700 49 

Showing excess of expenditure by citizens over General Government 
in improvement of the streets, avenues, and roads, nine-tenths of 
which are owned absolutely by the Government 15,898,704 21 

Xow, the point is this, gentlemen of the committee, these street.s and 
avenues are owned in fee-simple by the United States Government. It 
is their place to assist in taking care of them. They were deeded abso- 
Intely in fee-simple to the United States Government, and, in addition 
to that, every alternate lot of the building-lots in this city under the 
original cession were deeded to the United States Government. The 
United States Government has sold out those lots and used the pro- 
ceeds for the public buildings, and things of that kind; our claim, as 
citizens of Washington, is that it should bear its proportion of the expen- 
ditures which have been made on these streets and avenues. 

Q. You say very specific directions were given iu reference to these 
measurements. Were those directions in writing or were they verbal ? — 
A, I think they were verbal. 

Q. Given by General Babcock and who else? — A. By General Bab- 
cock 'and myself. 

(»>. To whom .'—A. To Mr. Samo, Mr. For.syth, and 3Ir. Oertly. 

Q. Do you regard Mr. For.syth as an accurate man in measurements .' — 
A, I think ]Mr. Forsyth is an accurate man, but his manner is against 
him. He is a man who has had a vast deal of experience, and is a 
self-educated man. For tweuty-tive years he has had the measurement 
and control of surveys iu the city of Washington, and I doubt very 
much whether any other man could have done as much with as little 
complaint, and liave maintained his reputation as long as Mr. Forsyth 
has. I regard 3[r. Uertly as one of the best mathematicians I ever met 
with. He is a man thoroughly conversant with figures, and a thorough 
engineer, lie .served the United States Government in the Treasury 
I)ei»artment, as its sworn measurer, for many years. I think he is un- 
surpas.sed as a mathematician. 

(},. State, the rea.sons for the passage of the general-sewerage law; 
your views as to its nece.s.sities and proprieties; give all the data you 
have as to the (luality of the a.s.se.ssments. — A. Tiic question of the 
main .sewerage of the city was a question which has been under consid- 
eration by the board of i)ublic works ever since they came into power. 
The question has been how to make such assessments as would be fair, 
and at the .same time wouhl enable the carrying-out of an ellicient 
system of .sewerage for the city. After a great many consultations 
were held, and a great deal of thought given to the subject, I will state 
before I go any further, that early in the history of the board, about 
January, 3 871', along in tlie winter of 1872, (leneral Green, who 
had been engineer of the board, was employed to i)erfect a .system of 



1848 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

sewerage for the city, wliieli lie did, and for which he was paid the 
sum of $3,000. Those maps are uow in the possession of the board, 
and the plans then agreed npon, with some slight modifications, 
have been carried out. The establishment of a system of sewerage 
was based upon this general idea, to follow the topographical feat- 
ures of the city in the construction of these sewers ; let the natural 
drainage be the basis upon which a system should be established, 
and to assess upon each section following the natural drainage the cost 
of building the sewer in that section. In accordance with that scheme 
the legislative assembly, on the 26th of June, 1873, passed an act making 
provisions for a complete system of drainage and sewerage of the city 
of Washington. 

The act divides the territories of these two cities into five 
sections, the limits of which are defined by, or have necessary 
reference to, the topographical features of the territory, in re- 
lation especially to the laud-fall of the different parts thereof, 
and to the water-courses by which it is traversed, and which con- 
tribute to and, in a certain degree, control the transmission of 
surface-water or sewerage into the great receptacle, the river Potomac. 
This is followed in every instance except one, and that is the construc- 
tion of the Boundary-street sewer. The Boundary-street sewer — which 
the committee will recollect, as I presume most of them have seen it — 
was built for the purpose of diverting a portion of the water which 
comes into the city from the northeastern section — nearly three thousand 
acres — and preventing that water from going through the heart of the 
city, through the Tiber valley proper. Accordingly, this sewer was 
built with a view of damming up at Boundary street, making a lake 
there, and turning the surplus water, in case of freshets, into the East- 
ern Branch of the Potomac. ISTow, in regard to the equality of this tax, 
I have gone to some pains to get at the facts as to how it bears 
upon the property. As the first explanation, I will submit a letter : 

Office of Superintendent of Assessments and Taxes, 

Washington, D. €., April 18, 1874. 
Sm : 111 accordauce w itb your request, I have the houor to transmit herewith the 
average value of the ground per foot in the five sewer-districts comprised in the cities 
of Washington and Georgetown, arranged according to their respective districts. 
Very respectfully, yours, 

WILLIAM MORGAN, 
Superintendent. Assessments and Taxes. 
Hon. A. R. SiiErHERD, 

Governor District of Cohtmhia. 

Statement showing the total number of square feet, total value of ground, and average rate 
per square foot of the fve sewer-distrivts in the cities of If'ashington and Georgetown. 

District 1 : Number of square feet, 10,622,025; value of ground, $2,471,770; average 
rate per square foot. 15 cents. 

By Mr. Bass : 
Q. That is exclusive of improvements? — A. Yes, sir; just the value 
of the ground. 

District 2: Number of square feet, 14,941,540 ; value of ground, $6,207,218 ; average 
rate per square foot, 42 cents. 

District 3 : Number of square feet, 2,881,680 ; value of ground, $1,053,833 ; average rate 
per square foot, 37 cents. 

The Witness. That is the third district. That is the five-mills 
district. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1849 

By Mr. Wii^soN : 

Q. Where is tliat district ? — A. Xo. 2 district is out where the " real- 
estiite pool *' is, in the northwesteru portion ot the city. 

Q. Do you kiu)w wliat that real estate is assessed at ? — A. Yes, sir ; I 
will give you the balance of it in a moment. 

District 4 : Number of square feet, lG,870,15o : value of ground, $17,233,350 ; average 
rate per scjuare foot, S1.02. 

District 5: Number of .square feet, 84,084,040 : value of ground, $20,719,411 ; average 
rate per square foot, 25 cents. 
Respectfully submitted. 

WILLIAM MORGAN, 

Siipt. As-sissments and Taxen. 

Q. At present, that is the lowest average of ground in the Tiber dis- 
trict ? — A. This least improved i)art is 2o cents per square foot. 
By the Chairman : 

Q. Tluit includes no improved property — just the value of the 
ground '! — A. Yes, sir ; just the value of the ground. 

By Mr. Wilson : 

Q. You have spoken of the '• real-estate pool ;" what is that property 
out there f — A. It is assessed at eleven mills per square foot. 

Q. That is for the sewerage purposes ; I am speaking about the gen- 
eral assessment. — A. The value is 42 cents per square foot. 

Q. That is the average value ? — A. Y'es, sir ; 42 cents per square foot. 

The Witness. Xow, I will submit to you — this is an interesting state- 
ment, and I have spent some time in having it gotten up. I will read : 

IJoAHD OF PiiiLic Works, District of Columhia, 

Jfashington, May 2, 1874. 
Hon. A. R. Siiepiikhd. 

(iorernor District of Columbia : 
Sir: In response to j'our request to be furnislied with a statement of the amount 
paid for sewerage in the city of Washington, within the limits of the present sewerage- 
districts — 

The Witness. What I wanted to get at was what hnd been ]>aid 
heretofore by the ohl corporation for this work. 
[Reading resumed as follows:] 

prior to June, 1871; also, the area of said districts, I liave the honor to submit the 
following, viz : 

Amount naid. Area, sqnare fept. 

Second district $32, 183" 25 14,941,540 

Third district 127, 472 2ti 2, 881, G8(i 

Fourth district 292, 025 43 16, 870, 153 

Fifth district 295,842 73 84,084,049 

747,523 Cu 11^1,777,428 

Respectfully, A:c., 

G. W. EARNER. 

Now, the way in which that stands per foot shows that the amount 
l)aid for sewerage, expended i)rior to June, 1871, upon each s(iuare foot 
of land within the limits of the present sewer-distri(!ts, is as follows : 
The second district, where tlie tax is 11 mills, has paid 2,',/,, cents 
under the old corj)oration ; the thinl district, where the tax is 5 mills, 
has ])aid 4,'*„-„ cents; the fourth district, where the tax is 20 mills, 
has paid ly„'„ cents, which is the heaviest tax of the whole; but 
the firth <listrict, which is the one complained of, and in which the 



1850 AFFAIRS IN THE DISTRICT OF COLUMBIA, 

property is of so little value — the fifth district, which is taxed 20 mills, 
has only paid -^^f\^ of a cent for general sewerage under the old corpora- 
tion. This includes both the payment from ward-funds and special 
assessments. 

By Mr. Wilson : 

Q, Who makes that out ? — A, It is made out by Mr. Liriicr, one of 
the clerks in the oftice, who has charge of the old records. 

By the Chairman : 

Q. Does this new system of sewerage fit into the old and become a 
part of it ? — A. O, yes, sir. 

Q. They are so blended that there is no waste ? — A. Yes, sir; there 
is no waste at all. 

The Witness. I will again read : 

Amoiuit paid for sewerage in the city of Washington prior to June, 1871, upon each 
square foot of laud within the limits of the present sewerage-districts : 

Second district -niV cents per foot- 

Third district 4 j^^-p cents per foot- 
Fourth district Ifcnr cents per foot- 
Fifth district -f^f^s cent per foot. 

This includes both the payments from ward funds and special assessmeuts. 

Q. Is that all the data you have on the sewerage matter? — A. That 
is all the data I think uecessary in regard to it, except to remark that 
I think it is about as just a tax as could be imposed — the most necessary 
improvement that could have been made — and I do not think that it 
could have been equalized any better, I think it will greatly enhance 
the value of property in the sparsely-settled districts. I think it will 
double it within five years. The trouble has been that this section of 
the city, as the members of the committee are aware, iu certain val- 
leys you will find whole squares under water. There has been no sew- 
erage whatever, and their improvement has been retarded for the lack of 
this very thing. Now, if a man has a valuable piece of property which, 
by investing five per cent, on, he can increase twenty-five per cent, in 
value, whether is it not a judicious thing for him to do, treating it as a 
business operation. 

Q. Then, governor, after a full examination and re-examination of 
this question of sewerage, it is your opinion that the system adopted 
by you, and the mode adopted for payment is the true one "I 

Governor Shepherd. I think it is. I think it is just and equal, and I 
am confirmed in that by this fact, that one-quarter of the whole assess- 
ments, although the last assessments were not put out until a month or 
so ago — that one-quarter of the whole has been paid in ; and had it not 
been for this investigation, which leads a great many people to suppose 
that they will not have any taxes to pay in the future, either general or 
special, that one-half of it would have been absoi"bed. 

The Chairman. I think that delusion will be dispelled in due time. 
That is, if this city is to pay its debts. 

Mr. Christy. We would not like to have the chairman commit him- 
self or the committee commit themselves on that question just now. 

The Chairman. No, sir ; of course not. 

Mr. HuBBELL, Two things are certain — death and taxation. 

Mr. Christy. Yes ; but we want to fix a limit to taxation. 

Mr. HuBBELL. We want to fix a limit to death, but we cannot be sat- 
isfied always. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1851 

Mr. Christy. Death comes at the end of life when it does not incon- 
renience us, but taxation conies durin<^- our life time, and we suffer from 
tbe effects of it. 

Mr. Stewart. We will consider the question of limit. 

The committee here took a recess until 2 o'clock. 

The committee met at 2 j). m. 

Examination of Governor Shepherd resumed. 

Governor Shepherd, ^h: Chairman, before I proceed farther, there 
is one point in regard to the sewer-tax to which I wish to call attention, 
and that is, that this system of area-tax of so much per s<piare foot was 
established by the United States Government. I cannot at present lay 
my hands upon the law, but it authorized the levy of a tax of seven- 
eighths of a cent upon each square foot of ground where the water- 
main was laid. It is on that principle that the sewer tax was levied — 
an area-tax of so much upon a square foot. 

By Mr. Merrick: 

Q. That is along the streets where it was actually laid ? — A. Yes, sir. 
By the Chairman : 

Q. State to the committee the amount claimed for damages and the 
amount awarded by the board of public works, together with the law 
under which such awards were made. — A. The legislative assembly, on 
the 20th of June, 1872. passed an act entitled, "An act providing for 
the ])ayment of damages sustained by reasons of public improvements 
or repairs." It is as follows : 

[Act of Second Legislative Assembly, scss. 1, ch. 15, 187"2. — June SO, 1872.] 

Be it enacted, ^c, That on the application in writing of the owner or owners of any real 
estate in the District of Columbia, or of any person having other than a rental interest 
therein, to the board of public works, setting forth that special damages have been 
snstained by him or them, in conseqnencc of any imi)rovements or repairs made by 
said board, and particnlarly describing the natnre of said damages, the said board shall 
consider the statements of said application, and if deemed by them sntticiont for that 
purpose, the said board, or a majority thereof, siiall personally inspect the property al- 
leged to V»o specially damaged, and make, or cause to be made, any examination con- 
nected with said improvements or repairs which they may deem necessary or jiroper. 

Skc. 2. And he it further enacted, Tiiat if, after inspection and examination as afore- 
said, the board, or a majority thereof, shall bo of the, opinion tiiat special damages 
have been snstained by any person or persons, as aforesaid, they shall estimate the 
same, taking into consideration the benefits to said property from said improve- 
ments or rei)airs, and Hie among the records of their office, and in the office of the secre- 
tary of tlie District, written statements of their action and estimate of damages, and 
shall make a full report, in writing, to the next ensuing session of the legislative as- 
sembly of all applications made to them under the provisions of this act, and of tiieir 
action thereon, and of the anmunts a\var(h'd as damages, and tiie reasons and groun<ls 
of such awards, for tiio ai-tion of th(^ legislative assembly thereon ; and no sum shall 
be paid on account of damages until alter the same shall have betiti approved by the 
legislative assembly and an appropriation made for the payment of the same. 

Approved .June "io, l'^7"2. 

(J. When was that passed ? — A. June 20, 1872. 

The Witness, The boanl of i)ubli<; works in carrying out that law ap- 
pointed a commission, consisting of live i)eisons, one of whom you have 
iiad before you, who have been busily engaged for months in making up 
a statement of awards. The boanl of public works have not as yet 
acted upon that; but the amount as turned in by the commission i» as 
follows : 



1852 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Amounts claimed and awarded for damages to real estate by reason of change of grade. 

Georgetown, amount claimed $227,011 33 

Georgetown, amount awarded 108, 534 00 

Washington, amount claimed 1, 058, 089 77 

Washington, amount awarded 355, 007 07 

Total amouut claimed 1,285, 101 10 

Total amount awarded : . . 463, 541 07 

That, of coarse, is uot complete, because the law provides that the 
board of public works shall personally inspect. 

By the Chairman : 

Q. How many claims have you had iiut in ! — A. I do not think that 
states; there are quite a large number. 

Q. Has this commission completed its work? — A. Yes, sir; it needs 
now the final action of the board, because they must go over it person- 
ally before the report can be sent in to the legislature. 

Q. What is the character of these claims "I — A. A great many of them 
are imaginary, as you will see from the fact that only about one-third of 
what was claimed was awarded. 

Q. Are they for damages to property on account of change of grade ? — 
A. Yes, sir ; and for various reasons which are assigned in the applica- 
tions. Many of them are without any foundation in reality. 

Q. How are those awards to be paid ? — A. That is a matter that the 
legislature have to jirovide for. 

Q. I did not notice the law when you were reading it. Is this action 
of the board liuaH — A. Only final as far as the making of the report to 
the legislative assembly is concerned. 

Q. The board recognizes the right of the legislative assembly to su- 
pervise its action and pass laws controlling it 1 — A. It is merely carry- 
ing out a law passed by them. 

Q. I understand. It is making a report to them. The act creating the 
board of public works gives authority to the legislative assembly of the 
District to control the board of public works, does it? — A. No, sir; not 
to control the board. 

Q. Tbey have undertaken to do so ? — A. No, sir ; it merely author- 
izes them to do it. The organic act is specific in regard to the duties of 
the board of public works, with which the legislature cannot meddle, ex- 
cept so far as the appropriations are concerned. 

Q. Suppose you had not chosen to do this at all ? — A. Then we would 
not have done it. 

Q. You did not regard it as obligatory ? — A. Not at all. 

The Chairman. That is the point I wanted to ascertain. This act 
in regard to the water-tax says it may be levied on lots in proportion 
to their frontage or area, as the said corporation may determine. The 
corporation did determine to lay an area-tax. 

Mr. Stanton. That is dated March 3, 1863, and is to be found in 12th 
Statutes at Large, page 804. 

Q. State the amount of old material received by the board of public 
works from the organization of the board to date, and its value. — A. 
Here is a report, made up by the superintendent of property : 

Statement of old material received hg the sitpirintendent of property, from the organization of 
the board to date, and its vahie. 

88,476f',r feet curbing, 40 cents $35,390 50 

93,085i.i feet gutter-stone, 20 cents 18,617 19 

125,264tV feet bridge-stone, 30 cents 37,579 32 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1853 

1 0,709 square feet gntter-bridge-stone, 60 cents 0, 4'25 40 

10,963 loads brokon-stoiie, $1 10, 96:{ 00 

18,951 loads oobble-stone, 75 cents 14, '213 '25 

5i9,100 loads bliie-iock paving-stone, 50 cents 14,550 00 

662,188 brick, SlO per M 6,621 tiS 

52 sewer-traps, !5;;?5 1,820 00 

194f§ feet old corners, $1.75 '-^^0 95 

1 30 feet granite sewer-trap frames, !|2 ~60 00 

4 sets granite sewer-trap frames, if 35 140 00 

97,894 feet himber,§10 per M 978 94 

432 iron posts,lti;5. .' 2,160 00 

2.482 feet studding, SIO per M -- 24 82 

3,03815 feet iron fence,$2 60 92 

16,125 feet dagging, 40 cents 6,450 00 

1 ,862 feet iron cba in , 20 cents 372 40 

23 corporation sewer-traps, frames, and covers, $20 460 00 

43 feet Seneca-stone, !|2 86 00 

Total - 157,514 .57 

Washington, D. C, May I, 1874. 

Q. Ilave YOU any knowledfje what the geiieral and special taxes of 
the city of SVa.shiugton were for the three years preceding- the advent of 
the new government, namely, from June, 1868, to June, 1871 ? — A. Yes, 
sir. 

Q. Just state it. — A. I have a statement, prepared with a view to 
refuting a great many charges that have been made upon the present 
District government as to excessive taxation, and I submit this account 
to the committee. It is signed by the comptroller of the District. 



1854 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



^ »r^- 1 


0: 1 . 








'ovements mac 
ars, from JuV' 
dministration. 


oi c ^ _^ 
a'" *^ 
-c.t: cs " 


ill 

C-. '- 


1 


ii 


->-"irr 




llsl 


<*f 




s » s 


es C 






|^^« 


H 






•g g 1 








"S'S 


«o ir- 


« 


J5 -C o 


.5 cs . 


S 00 


•r 










^ ? . 




-T 1- 








171 T-l 


Tj" 




® hf.S 

pep 


£" 


•^ 


« . o* 









= 11 " 

•5 Cl* 




U4 




^ S <li 


s = g 




gH;g-g 


55 tjj vi-: 






•^ n ■ i— 


, avd 
ofWa 
ing at 




1^ s 




00 


1 


>• sj.2 


» q t- 




^•6 ^ i 




1 


?S « •" 








_ K L-5 CI 


rt '.^ 


CO "^ 


"^ 0= « 
I'll 


S P 
-2 


QO 1 00 
? 53 to 


■~ s *^ 


^- ® 


cf-T « 




Ci ^ 


.=<&* 


2^ < ~ 













■« C 






■c = '^ 














^a 5 

5 f^ M bb 


s; i 




s^l-l 


CI 1- 

00" ~f 


C3 






11-, 10 


^ 


|S|> 


S bi *: 






S ~ s 






S^ Xi '^ 






c 


in n 




■■5 I'tS' 

•3 ^ tjT-S 


IS . 


to"cf 


in 


«*'*•=: ^ 


•^t^ 


^ 1—1 








t-lN 


Cl 




a 


SJ"^ 




«s s^ 


(i 


















s'=iferi 








§^<?p 














?^ • s 








s <» s 








~r = sa 








£^5 =: 






_o ; 


c^^-S 




.1 s 


eg c 
s of 
itter 
lire 


1 1 


CS_K 


h ~^Tz. 


.£■3 5 


■2-- 2 ~ 




c5 <u 


I "5 


n ^' 


r-- « 'S 5 




* 1: » *H 


_5) 


r:,'! oi 


^ "S ^ 

?= '£ ^, ~ 

n C5 





Pa i. 

C • '~' 


^ « = S 




wO S 


<^^S:S 




^1 " 


* ~ !»> 




ID r- 


-K. 15-, -^ =: 




i .£ 00 •£ 




"?•!§ r- 






mS '^ 


•S: 'T; i-H » 




P P 


<£ 







^ 




1 t 


:;p: 


, 



MO 

o . ■» 
•ECS 

p^.S 



*^ ^ ■§ 






c 5 L-r ^ 



.2 '^" 



-= « 









c - ^ O 



TESTIMONY OF ALEXANDER R. SHERHERD. 1855 

Q. State the relative prices allowed Ity the board for tlagginj;-, and 
why. — A, Well, there has been some (inestion in regard to the prices of 
tiagjjfing as paid for by the board, and 1 snbnnt the record in regard to 
the flagging- on B .street, from Twelfth to Fonrteenth streets. 

Specification for Jin<igU>g walka on Seventh, Twelfth, and Fourteenth streets, hetireen li street 

north and li street ><outli. 

The stoue arc to be iu live (a) aud six (0) feet lengths, from 2 feet four inches to 4 
foet G inches iu width, aud not less thau 2 inciies thick. The 5-foot stoue to be laid on 
Seventh street, and the 8-foot on Twelfth and Fourteenth streets, in the foUowinj; 
nianuer: The earth to be taken out to a depth that will udniit of not less than f) iuchei* 
of clean saud below the bed of the stoue; tlagj^iuijj to be laid on each side of Soveuth 
street of the 5-foot stoue, set iu two courses, uiakint^ the pavement ten feet iu width, 
or as near that width as the stoue will work after joiutinji;; all the stone are to be 
ioiuted ou the inside or joined edges with a good, fair joint, so that at no point will the 
same be open more thau three-eighths of an inch, aud when iu wind so that the joints 
are not fair ou the face, are to be pointed down to an even face, aud luieven or high 
points ou the face are to be pointed down to tlie regular face of the stoue, iu the usual 
manner of doing this work. The stoue are to be laid say 4 feet from the curb, aud 
care shall be taken to keep the line straight, aud the outer aud inner edge of the 
■walk shall be pitched to a straight Hue ou each edge. All the stoue are to be set flush 
iu cement mortar at the joints, and the same grouted with pure cement after setting. 

Ou Twelfth and Fourteenth streets grading shall be doiu^ iu the same manner. The 
stoue to be used shall be G-foot stoue, from 2 feet 4 inches to 5 feet iu width, not less 
thau 2 inches thick; to be cut, jointed, aud set iu the same manner as above described 
for Seventh street, except tliat the walk is to be 12 feet wide, or as near that width as 
the stoue will work after jointing. Ou these streets the stoue are to be laid ou a line 
IG feet from the curb. 

Ou all the streets the space between the outer line of flagging aud the curb aud the 
inner line of flagging aud the buildiug-line of the street, shall bo sodded or parked iu 
the usual manner of doing this work. 

Q. Here is an application made on the 13th of May, 1873, by John O. 
Evans. I will read: 

Washingtox, D. C, 14</( May, 1873. 
GF.Nrr.KMKX : I would like to have a price established for work now being done by 
mo undi-r your order upon the following streets, viz: Seventh, Twelfth, aud Four- 
teenth, betweeu 15 street south aud B street north, as follows: furnishing flagging- 
stone, sand, gravel, and cemeut ; for grading the walks ; for jointing, cutting, aud set- 
ting the stoue, as per specilicatious ; also, for parking according to plau. 
Respectfully, vours, &c., 

JOHN 0. EVANS. 
To honorable Bc)ai:i> of Public Works, 

District of Columbia. 

This was referred by me to the (Migineer to establish prices, 
'i'lie following indorsements on the ap[»lication will show the action 
taken : 

[No, 3950, board of public works 2, '73.] 

Washingtox, D, C, May 14, 1873. 

Evans, .John O., reiiuests that price be established for work now being done by him 
under the board's order on the following streets : Seventh, Twelfth, and Fourteenth, 
between B street south and B street uortli, as follows: for flaggiug-stone, sand, gravel, 
aud cemeut; for grading the walks; for jointing, cutting. amY setting the stoue.'^as per 
specification ; also for parking according to i)lau. 

C. L. B., vol. 3, '73, p. G07. Evaus. 

No. 123G ; contracts, 1873. Contract No. Gi)4. 
Referred to the engineer to establish prices aud report. 

A. R. S. 

H()\i:i) oi- I'riu.K; Wukks, D. C, 

Man IG, 1873. 



1856 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

I estimate a fair cost tlius : 

Cents. 

Necessary grading per foot 3 

Stock 50 

Jointing 10 

Taking out of wind, but no other top-di'essiug (5 

Furnishing sand, kiy ing, and grouting with cement 15 

Total per superficial foot 87 

The price of parking is established. 
Resi)ectfully, 

ADOLPH CLUSS, 

Enoineer in charae. 
M.VY I'd, 1873. 

Respectfully referred to the contract clerk. Mr. Evans has been notitied in accord- 
ance with the recommendation of the engineer in charge. 
By order of the board. 

CHAS. S. JOHNSON, 

Assistant Secretarii. 
M.VY -21, 1873. 

BoAiiD OF Public Wokks, District ov Columbia, 

Washington, May 21, 1873. 
John 0. Evans, Esq., 

341 Pennsylvania Avenue, northwest : 

Sir : Your request that the prices be established for the work now being done by you on 
Seventh, Twelfth, and Fourteenth streets, between B street north and B street south, 
was referred to the engineer in charge, who has fixed the following prices, viz : 

Necessary grading, 3 cents ; stock, .')0 cents ; jointing, 10 cents ; taking out of wind, 
but no other top dressing, 6 cents ; furnishing sand, laying and grouting with cement, 15 
cents ; making a total of 84 cents per superficial foot. The price of parking is estab- 
lished. 

By order of the board : 

CHARLES S. .JOHNSON, 

Assistant Secretary. 
A true copy : 

Charles S. Johnson, Secretary. 

The Witness. This price was increased by tlie auditor to 90 cents, 6 
cents being allowed for the haul, which was not included in the engi- 
neer's estimate. In regard to the price paid by the board, I submit 
certain vouchers here ; one of 1870 by M, G. Emeiy & Brother, for 
filling and grading grounds and improving plateau east of the United 
States Capitol. 

For filling and grading grounds and improving plateau east of United States Capitol. 

The United States, 

To M, G. Emery & Bro., Dr. 

October .5, 1870--For 1093' 8' flagging laid, at 84 cents $918 66 

For 36' relaying flagging, at 12 cents 4 32 

For setting 49' 9" granite curb, at 40 cents 19 90 

November 4, 1870— For 110' 7", 24" coping, at l|1.50 165 87 

29, For 57' 0", 24 " bridge, at |1.40. 79 80 

1, 188 57 
A true copy : 

B. R. COWEN, 
Acting Secretary. 
I certify that the articles above charged have been received, and services performed : 
that they were necessary for, and have been or will be applied to, filling and grading 
grounds and improving plateau east of United States Capitol ; and that the prices 
were, in my opinion, just and reasonable. 

EDWARD CLARK, 

Architect in Charge. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1857 

Received, Washiiipfton, D. C, this •2'Jth day of Deceuiher, 1870, fioni F. W. Cleiiions, 
disbursing agent, the snin of eleven hundred and eighty-eight doihiis and (ifty-seveu 
ceuts, ill full pavmeiit of the above aeeouut. 

11,188.57. 

M. G. EMKKV & ]}K0. 

Here is anotlier bill of John Burns : 

For gtadiiHj and jHirhuj streets around the I'ajAlol and improving Capitol (jronnd^. 

The Umtkd States, 

To John Bithxs, Dr. 

November 29, 1873. — ForHnal e.stiuiate for Joiutiug and laying .3,666 superficial 

feet of Seneca liagging, at 1 1 cents $403 'H't 

For jointing 897 superticial feet of Seneca liagging, at 

6 cents 53 8-2 

For furnishing 275 superficial feet of North River flagging, 

at 55 cents 151 25 

For (W days' services of stone-cutters, at S5 342 50 

For 34 days' services of laborer, at .¥!2 68 00 

1,018 8:i 
Credit : 

By approximate estimate, November 8, 1873 :^250 03 

By approximate estimate, November 22, 1873 250 03 

500 0(5 

518 77 
A true copy : 

B. R. COWAN, 

Acting Secretary. 

I certify that the articU;s above charged have been received, and services performed 
that they were necessary for. and have beiMi or will be ap])lie(l to grading and paving 
streets, &c., around the Cajjitol, and for improving Capitol grounds; anil that the 
prices were, in mv opinion, just and reasonable. 

EDWARD CLARK, 

Jrchitect in Charge. 

Received, Washington, D. C, this 29tli day of November, 1873, from R. .Joseph, dis- 
bursing agent, the sum of §518.77, in full pavment of the above account 
.S518.77.] (Signed in triplicate.) ' JOHN BURNS. 

In refjard to another bill wliicli I submit, copied from a voucher filed 
in the Treasury Department ; I i)resent this. Before i)resentino; it, I will 
statethat it is a bill tor laying flagging and loot-ways ; several ditier- 
ent items, at 85 cents a square foot, aggregating -115,345.02. This bill 
"was paid hy check No. 831, August 20, 180!), from the Treasury of the 
United States, and is certifietl to by N. Michler, major of Engineers of 
the United States, and brevet brigadier-general of the United States 
Army, who was in charge of public buihlings and grounds at tliat 
time. It is as follows : 

Appropriation for repairing in front of the War Drpartnu nton Pennsylrania avenue, and on 
Seventeenth street, with stone fagging. 

The Unitko Statks, 

To M. C. E.MKKV, Dr. 

Aug. 29, 18(i7. — For laying a flag pavement in front of the War Depart- 
ment on Pennsylvania avenue, and on Seventeenth street, 
viz : From west gate of President's House to corner of 
Seventeenith street, 7,315' 2" sipiare feet, at 85 cents $6,217 92 

From corner of Seventeenth street to War Department, 

4,682' .55 ' square feet at 85 cents 3,980 16 

Yrnin War Department to Navy Department, 3,811' 24" 

square feet at 84') cents 3. 239 .55 

For 519' 7" 8(iuare feet additional flagging in underdrain 

sewers, &c., at 85 cents 141 74 

117 D C T 



1858 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

Aug. 29, IStiT. — For 17 days niasous and stone-cutters laying drains, sew- 
ers, &c.', at $5 $85 00 

For 19 days of attendance of laborer, at $2 38 00 

For 1 circling granite curbstone, 2 feet 6 inches, at $3 7 50 

For 9 barrels cement for sewers and drains, at ,$2.75. 24 75 

For (570 linear feet of 10-incb curbing set, at $1..50 1, 005 00 

For taking up and resetting 1,.527 square feet of flagging, 

at 20 cents 305 40 

Check No. 831, August 29, 1867, on Treasury United 

States, for 15,345 02 

Received at Washington City, D. C, this 29th day of August, 1867, from Bvt. Brig. 

Gen. M. Michler, Corps of Engineers, the sum of $15,345.02, in full payment of the 
above account. 

$15,345.02.] (Signed in duplicate.) M. G. EMERY. 

I certify that the within account is correct and just ; that the articles were received ; 
that the services were rendered, and that they were necessary for, and were applied 
or will be applied to, the j)urposes set forth herein under the head of "Application," 
and will be accounted for in my return for the third quarter of 1867. 

N. MICHLER, 
Major of Engineers, Bri. Brig. Gen., U. S. A. 

Here is still another to M. G. Emery : 

B. B. French, Commissioner of ruhlic Buildings, 

To M. G. Emeky, Dr. 

May 31, 1866. For 3,000 feet superficial, of extra thick select flagging, cut 
and laid in cement on Seventeenth street, in front of Navy 

and War Offices, at $1 per foot $3, 000 

Coi-rect : 

J. W. ANGUS, 
General Superintendent. 

June 14, 1S06. Received from B. B. French, Commissioner of Public Buildings, the 
\;bove amount of three thousand dollars, in full of the above account. 

M. G. EMERY. 

In regard to the prices charged the Government for flagging at Farra- 
gut Square and P-street circle, I submit the price charged and paid to 
M. G. Emery & Brother by the United States, for grading and paving 
the circle at Fourteenth street and Massachusetts avenue. The state- 
ment is as follows : 

(Form 8.) 

Apjjropriation for grading and paving circle at Vermont and Massachusetts avenues. 

The Unitj:d States, (for flagging,) 

To M. G. Emery & Bro., Dr. 

1871.— To 3,552 cubic square feet Seneca flagging, $1.25 $4,440 62 

To 728 scjuare yards triinmiug. 15 cents 109 20 

To cutting ]00\iotches for posts, $1 100 00 

To 115 cart-loads of sand, $1 115 00 

To 8 barrels of cement, $3.12^ 25 00 

4, 789 82 

Received at — = — , this day of , 187 — , from , Corps of Engineers, 

the sum of dollars and cents, in full payment of the above account. 

Check No. , dated , 187—, on for $" , 

(Signed in duplicate.) 

I certify that the above account is correct and just ; the articles to be (or havebeeu) 

accounted for in my return for the quarter of 187 . 

(Signed) N. MICHLER, 

Major of Engineers. 



TESTIMONY' OF ALEXANDER R. SHEPHERD, 



1859 



Q. Footiiiji- that up I (iml the actual cost of that fla<i:ftinji- arouud the 
Fourteenth street circle was $1.;>5, as paid by the engineer in charge of 
the public buildings and grounds, General Michler. 

By ]\[r. IMattixgly : 
Q. State in that connection the price charged by the board. — A. The 
price charged by the board is ^l.L'.j for the tlagging siniihirto that laid 
around the Fourteenth-street circle, the difference being that it is blue- 
stoue instead of Seneca ; the bluestoue being much better. 

By the Chairman : 

Q You think the bluestone is better than the Sene(;a? — A. I think so ; 
and for the other flagging 1 think it was 90 or 95 cents that they charged 
to the Government. 

Q. Have you a statement made by the different engineers employed 
by the board in regard to cross-sections, and how many streets were 
cross-sectioned, and the total number approved by the board ? — A. Yes, 
sir ; I have had a statement prepared in regard to the time of appoint- 
ment and time of dismissal of the diftereut engineers. The record is 
as follows : 

A. B. Mullett, appointed chief engineer May 17, 1871 ; resigned August 24, 1871. 
William Forsytli, appointed assistant engineer May 17, 1871. 

George S. Green, appointed chief engineer August 24, 1871; relieved December 16, 
1871. 

A. B. Mullett, appointed consulting engineer August 24, 1871; re-appointed chief 
engineer December 16, 1^71 ; resigned April :}0, 1872; resigned as consulting engineer 
and as member of the board of public works October 2:5, 1872. 

B. Oertley, appointed assistant engineer October I'.i, 1871. 
Charles E. Barney, appointed assistant engineer Novembt>r 16, 1871. 

R. C. Phillips, appointed chief engineer April 'M, lr^72 ; resigned January 15, 1873. 
S. E. Bodtish, appointed assistant engineer May '20, 1872. 

.1. A. Partridge, appointed assistant engineer July 17, 1872; resigned January 1, 
1873. 
Adolf Cluss, appointed engineer in charge, December 26, 1872. 

By the Chairman : 
Q. Who prepared that statement ? — A. It is taken from the Journal 
of the board. As the question has come up several times in regard to 
the measurements, and by whom made, and the number of accounts 
signed by assistant engineers from June, 1871, to April 23, 1874, it is as 
follows : 



Kiimber of accounts signed hij assistant engineers from June, 1871, to April 2.3, 1874. 



Certilied to. 





1871. 


1872. 


1873. 


Total. 


('. E. Barney 




812 

464 
25 


502 

71 

100 


1 314 


William Forsyth 


42 

7 




B. Oertlt-y 


132 






Total signatures 


49 


1,301 


673 

1 


2 023 







ADOLF CLUSS, 
Engineer in Charije, Ai>ril 24, 1874. 



I submit also the following letter from IMr. Barnev, assistant engineer. 
May G, 1874 : 



1860 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Board or Public Wohks, District of Columbia, 
Office of Chief of Engineers, 

Washington, I). C, May 6, 1874. 
Sir : In looking over the list of contracts I find that upon 131 contracts for grading, 
cross-sections were made and used in the calculation. 

Eighty-seven contracts where cross-sections were not made to ascertain the amount 
of grading. 

Twenty contracts where cross-sections were taken but not used to ascertain the 
amount of grading. 

Upon nearly all other streets upon which no work has been done cross-sectious have 
been taken — are on file in this office. 
Very respectfully, 

CHAS. E. BARNEY, 
J'rincipal Assifitaiit Engineer, 
Hon. A. R. SiiEi'HERD, Governor District CoJamhia. 

By the Chairman : 

Q. Have you stated all you desire to say in reference to cross- 
sectious ? — A. I tbiuk so. That is a history of the whole matter. 

Q. I would like to ask you, in this connection, whether or not you gave 
any orders to any of your engineers, or to whoever was your engineer at 
the coniiuencement of your duties, with reference to preparation of the 
ground for improvement?— A. Yes, sir: very stringent instructions 
were given. I may as well remark here, at the commencement of the 
operations of the board, Mr. Mullett was made the engineer in chief 
merely until some proper person could be found to fill the position ; and I 
may I'emark in passing, that it is a very difficult thing to get a proper 
engineer — a man who combines executive ability *vith scientific knowl- 
edge. We sent to Xew York and got here General Green, who had a 
reputation second to no engineer in the country. He was employed on 
the Central Park, employed in New York, and is now employed there. 
General Green came on, and was quite an old man. After serving for two 
or three months, 1 found that he was involving us in a great many errors ; 
that he was not an efficient executive officer. He would from his 
office fix grades without any reference to the contour of the streets^ 
as they existed, and without regard to the wishes of the people. I 
remember one instance at the corner of Fourteenth and New Y^ork ave- 
nue, near where Senator Thurman lives — where the houses would 
have been buried about three feet if we had not managed to get there in 
time to stop it. I then made an arrangement with Mr. Green — made a 
bargain with him to prepare a general plan of the sewerage of the city. 
We made a contract with him with regard to that. The plan of sewerage 
was prepared in the winter of 1872, and a A^ery excellent plan it is, with 
certain modifications. The sizes of sewers have been increased in some 
particulars. The order of the board at that time was that cross-sec- 
tions should be made in every instance, and the grade-points and-levels 
;Should be established before the work was begun. The work began, and 
the best was done that could be under the circumstances. It was very 
difficult to get proper help in the matter, or proper levelers and assist- 
ant engineers. Judge Jewett will probably know, as he has had expe- 
rience in railroading, that it is a most difficult thing in the world to 
get a proper leveler, and an engineer who combines executive ability 
with a knowledge of his profession. 

Q. State as to any instructions given by you to Mr. Oertly to measure 
John O. Evans's work.— A. Mr. Barney was very much pushed with his 
work ; Mr. Oertly was the office-man, the deputy engineer. 1 said to 
Mr. Oertly, " I wrote you to take charge of this filling of the canal and 
the fixing of the grades there. It is all together and you can attend to 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1861 

it without intorferino: with your duties, and Mr. Barney can ji^o on with 
his work. He has at present as much and more than lie can well attend 
to." That is the history of Mr. Oertly's having anything to do with the 
measurement of that work. 

Q. State why work was not continued upon the digging cellars of 
the new city-luill building on l*ennsylvania avenue. — A. ^Merely be- 
cause the force was wanted somewhere else. The work was commenced 
and some contractors faile<l to tini>h n[) their work, and we had to have 
their work tinislu'd. 

By the CiiAiiniAN : 

Q. I observe some digging going on there now. — A. Yes, sir : they 
are digging out the foundation for a cellar. 1 stop[)ed them this morn- 
ing, at the re(iuest of Senator Morrill. 

Q. State the amount luoperly payable by the Government for its 
share of the improvements, and in its relations generally existing be- 
tween the District government and the United States. 

The Chairman. I do not know as I understand this. 

Mr. Mattinoly. That is a mistake of the copyist in drawing oft that 
(luestion. 

The NViTNESS. I think it is all stated in my answer. It is all summed 
up in a nutshell. That 4.5 [)er cent, of the pro[)ert3' of the District pays 
all the taxes. The (lovernment owns about half of the property, and 
has remitted about ."> per cent, of the remainder to churches and schools 
and benevolent institutions, and does not pay any on its own property — 
that is, general taxes — so that really 4,'5 per cent, of the real estate pays 
all the taxes. 

Q. And that is the only property taxed ? — A. That is the only prop- 
erty that is taxed. 

Q. Do you issue licenses here for the District government i — A. Yes, 
sir. 

Q. State the reasons for the present embarrassed condition of the 
District. — A. Well, I think it is stated in my answer pretty plainly. 
The passage of the general tax law, at the last legislature, nuide an 
abatement of three-fourths of one per cent, a month on all taxes. 
Shortly after this, the iinancial crisis came on, and money has been 
worth more than nine per cent, a year to almost everybody, and the 
payment of taxes has been deferred. There is no iienalty for non- 
payment. They do not fall due until July, aiul there has been no way, 
therefore, of meeting the demands of the government. 

Q. If all your taxes Inul been collecte<l, would you haxehad means to 
carry on your work ? — A. If all our taxes had been collected we would 
have means eiu)ugh to pay every dollar that the District owes to school- 
teachers, tiremen, and all its employes : and if the assessments were in 
such shape that the money on them could be collected, the board of 
public works would not be'short over sl,(KM>,(H)() or 81, rWH), 000. 

The CHAiimA>f. Mr. Mattingly, those aie all the (|uestions submitted 
to me to be asked the governor. 

By Mr. TnuRMAN : 
Q. I want to get a clear understanding of the indebtedness of the Dis- 
trict. I do not think that I have obtained a correct itlea of it from your 
answer. I jjrobably have overlooked something. Will you take y<uir 
answer and turn to j)ai;e 2'3 J On pag<' U.J the debt of the old corpora- 
tion of Washingtou is stated at $4,090,801.01; of Georgetown, .$L'5I,<)S1); 



1862 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

of the levy court, $1,699.90; making au aggregate of $4,350,189.91 aw 
the debt of the old governments — as the entire debt. — A. Yes, sir. 

Q. Then on page 24, in answer to this question — the question is on 
page 23: 

Question. What is the present indebtedness of the District, (excluding the above — 
id est, the indebtedness of the District government;) and, (a.) how is the same evi- 
denced? (&.) describe the bonds or different series of bonds, giving their dates, 
amounts, time to run, and rate of interest. 

Answer. The accompanying table furnishes the answer to the above question, so far 
as relates to the bonded debt of the District. The amounts due on account of current 
appropriations which, under the laws of the legislative assembly, are " payable out of 
the appropriate funds derived from the taxes, &c.," are shown in the report of the audi- 
tor of the District, furnished in answer to question '■ E," amounting to $497,870.32. 

Q. Now, the bonded debt of the District government is here stated 
on page 24 at $5,527,850. Does that include all the bonds that have 
been issued for making improvements 1 — A. Yes, sir. 

Q. The bonded certificates of the board of public works ? — A.. Yes, sir. 

Q. Then, on page 25 I find — 

Outstanding indebtedness, as per statement of the auditor, 

to February 1, 1874 .^497,870 32 

Estimated liability for salaries of officers, employes, sup- 
port of schools, police, fire department, payment of in- 
terest and sinking-fund on bonds, and contingent ex- 
penses for the year ending June 30, 1874 850 000 00 

$1,347,870 32 

Now, do those sums, or the amount due by the old corporations, ag- 
gregate $11,225,910.23 f Do I understand you that that is the entire 
amount of the indebtedness f — A. The bonded indebtedness, with the 
old indebtedness of $4,350,189.91, is a little less in the aggregate than 
$10,000,000. This indebtedness of $1,347,870.32, which is to accrue- 
on page 25 — part of it is due, and part of it to accrue ; and up to June 
30, 1874, is, under the law levying the tax, payable out of the funds de- 
rived from taxes, and is not treated as a debt, the current revenues 
when collected being sufficient to meet that expenditure. 

Q. Do you estimate that this $11,225,910.23 covers all the liabilities of 
the old governments and the present government up to the 30th of 
June, 1874 ?— A. Yes. sir. 

By the Chairman : 

Q. And the board of iniblic works f — A. No, sir ; not the board of 
l^ublic works. 

Q. Excluding the board of public works? — A. Yes, sir. 

Q. I thought you said that the debts $5,527,850 included the bonds 
that had been issued on account of the board of public works ! — A. 
They do. 

Q. They include $2,000,000 sewer- bonds ? — A. No, sir; those are not. 
bonds. Those are sewer-certificates, based ui)on assessment-certificates. 
They are not a debt of the District. 

Q. This eleven and a quarter millions included all the indebtedness 
except indebtedness incuired by the board of public works; is that 
it "? — A. Yes, sir. 

Q. Now, please state how much is the indebtedness incurred by the 
board of public works ; that is what I have not been able to find. — A. 
If you will turn to page 463, you will ascertain that. 

Q. I find there liabilities, $4,552,958.70; that is to be added, then, to 
this eleven millions? — A. No, sir; you are to take the assets from 
that. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1833 

Q. I am jzettiiif;' at the total liabilities. That makes an aggie<;ate of 
$15,778,800.1)0; now, in that ag.uregate are the two millions of sewer- 
certitieatesincliKlod, or are they to i)e added ? — A. There has only beeu 
about a million and a half of those issued. 

Q. Wliatever amount has been issued, are they in this sum of fifteen 
millions f — A. No, sir; they are not in that sum. 

Q. Please give us the amount of the outstanding sewer-certiticates. — 
A. You can i)ut it down at a million and a half; I cannot give it to you 
exactly, because they are tiuctuating all the time; they are paid in 
every day on account of taxes. O, excuse me a moment, about a 
million of dollars will cover it. 

Q. A million of dollars will cover theoutstanding sewer-certificates? — 
A. The outstanding sewer-certificates ; yes, sir. 

A. That, then, leaves a million sewer-certificates still in the possession 
of the government ? — A. Well, there have been i)aid in over $500,000 
on account of sewer-taxes, between $500,000 and 8000,000 redeemed, 
and the board has $450,000 of them hypothecated to borrow money on. 

Q. Then, that is just what 1 was going to ask you, whether any of 
the million that the board has not sold or disposed of, or that the 
government has received in payment of taxes — whether any portion of 
that had beeu hypothecated. You say about $450,000 have been hy- 
pothecated? — A. Four hundred and fifty thousand dollars have been 
hypothecated, and between $500,000 and $000,000 collected in. That 
leaves about a million in round numbers outstanding. 

Q, Where are these $450,000 h>pothecated ? — A. In New York, with 
Morton, Bliss & Co. 

Q. To secure a loan payable when ? — A, I'ayable on demaiul. You 
will find that in outstanding bills i)ayablc ; the last item in the liabilities 
clause. 

Q, Of the board of public works ? — A. Yes, sir, 

Q. Five hundred and five thousand, two hundred and twenty-eight 
dollars and ten cents. Did I ask you when that indebtedness is paya- 
ble ? — A. It is payable on demand, bearing 7 per cent, interest. 

Q. That makes $1(;,77S,808.00?— A. Yes, sir. 

Q. Does this include all work that has been done by contiactois and 
is not yet paid for ? — A. Everything. 

By Mr. Stewart : 

(^). Up to what date ? — A. Up to the date of this report ; tliere has 
been little done since. 

Q. What is the amount that you put down in your answer that will 
be required to complete the contracts that have been let ? — A. In round 
numbers about a million and a half dollars. 

By the Chairman : 
Q. All the contracts ? — A. Yes, sir. 

Q, That does not include the sewers? — A, Yes, sii; it includes every- 
thing. 

J^.y Mv. TllURMAN: 

Q. These assets and securities on hand ; what are they — sewei- 
bonds? — A. Those are the sewer-bonds, and a lot of other Itonds 
and certificates. 

Q, What is the meaning of this, an asset : " Balance due on account 
of general sewerage from District of Columbia ?" — A. The sewer law 
levied a tax of twenty-tliree hundr»'d and odd thousand dollars, and 
only approi)riate<l $L', 100,000, leaving a balance due, assessed and taxed, 



1864 AFFAIRS IN THE DISTRICT OF COLUMHIA. 

but not appropriated, to be appropriated. I suppose it was an over- 
sight. 

Q. Of that amount, 8197,000?— A. Yes, sir. 

Q. x4ssessnients yet to be reabzed, as i)er statement of auditor, 
$2,-44r),3(30. — A. If you will turn to the next (third) page, (statement of 
Auditor J. C. Lay,) you will find his estimates of the amount to be yet 
received on account of assessments. 

Q. Is that for sewerage, and also for street improvements ? — A. IS'o, 
sir; street improvements alone. 

Q. Street improvements alone? — A. Yes, sir. 

Q. Did you add amount due from the District of Columbia for clean- 
ing and repairs of streets, pumps, market-houses, &c., $350,203.60 ? — A. 
That is advances made by the board tor cleaning streets and repairing 
pumps and market-houses, lamps, and things of that kind, to be re-im- 
bursed by the District of Columbia. 

Q. That was an amount advanced by the board of public works ? — A. 
Yes, sir. 

Q. Then, all these sums each go to make up this aggregate of assets 
of 83,765,299.02, on page 463, with the exception of the. last item, which, 
is "Amount of property on hand, as per report of superintendent of 
property, $118,150.45 ;" all those items, with that exception, consist of 
taxes or assessments that are to be paid by the people, the tax-payers ? 
— A. By the property-owners ; yes, sir. 

By Mr. Hubbell : 
Q. Be kind enough to explain that balance due on account of general 
sewerage from tbe District of Columbia ; I do not understand that. — A. 
The law which levied that tax, levied a tax of about two million three 
hundred and ninety odd thousand dollars, but only appropriated 
$2,100,000 of it, leaving $197,000 taxed and assessed, but not appropri- 
ated. It was an oversight in the law. 

By Mr. Wilson : 

Q. It is not an asset, then, until it is appropriated ? — A. Well, but the 
tax is collected for sewerage purposes. 

Q. Well, I simply want to get at the fact; — A. It requires the action 
of the legislature to make an available asset. 

By Mr. Thurman : 
Q. In Mr. Lay's statement, page 404, he puts down the total amount 
of expenditures on account of improvements, $15,652,685.25. He then 
says " one-third assessable." Of that amount is one-third assessable on 
private property ? — A. Yes, sir. 

By Mr. Stewart : 
Q. That does not include sewerage improvement? — A. No, sir; that 
is about the amount that is assessable. 

By Mr. Thurman : 

Q. Without including sewerage? — A. ^Vithout including sewerage. 

Q. Are those $5,217,561.40 now due? The time is extended, is it 
not ? — A. Yes, sir ; you will see there, " deduct improvement-certifi- 
cates." At the last session of the legislature they authorized the antici- 
pation of $2,000,000 of the assessment by what is called the greenback 
certificates, predicated upon assessment-certificates as collateral, the 
assessment-certificate being deposited with the commissioners of the 
sinking-fund, and these greenback certificates being issued to make 
those certificates available, the commissioners of tbe sinking-fund set- 



TESTIMONV OF ALEXANDER K. SIlEi'HERD. 1865 

tliug the account. 1 <lo not know iis yon undeistaml that : do you get 
it clearly ? 

Q. Let nie see if 1 understand you. Here were five millions and 
upward assessable against individuals? — A. Yes, sir. 

Q. And, as representing that, the government issued what were called 
tax-certificates or assessment-certificates? — A. Yes, sir. 

Q. For the whole five millions? — A. No, sir; for only two millions 
of it. 

Q. Then, after that, under an act of the legislature, two millions of 
imi)rovenu'nt-certificates were issued ? — A. No, sir; there was only two 
millions altogether. 

Q. There liad been nothing issued and hypothecated or sold except 
before the issue of these two millions? — A. No, sir; except the 
assessment-certificates there. Ijcfore the ])assage of this law, certain 
work was finished and assessment-certificates issued to the amount 
of $771,201..'?0, which assessment-certificates were sold, and the proceeds 
ap]»lied to the improvement. 

Q. Then those assessment-certificates of $771,201.30 are a part of 
these $r),L'17,000?— A. Yes, sir. 

Q. And the improvement-certificates issued by the legislature for two 
millions were to enable you to anticipate the collection of these assess- 
ments against individuals? — A. Yes, sir; to make a portion of the 
assessments that were to become due available. 

Q. The balance here of $2,44G,3r)0.04, which is not covered by these 
others, is Just a charge on the books against the property-holders"? — A. 
Yes, sir; it is to be assessed against the i)roi)erty. 

Q. It is uot represented by any kind of security that has been put on 
it ? — A. O, DO, sir; just the assessment on the books. 

By the Chairman : 

Q. After the property-hohlers had been uotified? — A. No, sir; they 
have uot been notified. The assessn)ents are being put out. The organic 
act is such that they have to finish the street before we can put out an 
assessment, which is a mistake. The assessment is not available at 
this time ; it is not until the assessment-certificate is put out and sold. 

Q. And the whole street improvetl ? — A. And the whole street im- 
proved. 

By Mr. Thurman : 

Q. Now, here is an amount due from the District of Columbia for 
cleaning and repair of streets, ))umi)s, market-houses, «S:c., .S-MlM'O.'J.OO ; 
that, as 1 understand, was money advanced l)y theboar<l of [xiblic works 
to the District government ? — A. Yes, sir. 

Q. And used by the J)istrict government for this purpose ? — A. You 
know under the law all w<ukof that description is put under the l)oar(l 
of i>ublic woiks. All cleaning of streets, and, by special legislation, the 
erection of market-houses, were \n\t und<'r the board of pul)lic works; 
and the rejtair of jiumps; everything of that kind apixntaining to the 
streets, comes under tlie boanl. The plan heretofore has been for the 
board to go on and keep the streets repaired, clean them, keep the 
pumps and gas in repair, and the market-houses, and do whatever was 
necessary, and, when the legislature met, to make up a statement of 
account and seiul ik in to them, and cover it by an api)ro])riation from 
them to reimburse; the boaid lor this outlay. 

Q. How long a period of time is covered by this amount ol' ."..'"»(),(>(»() 
and od«l dollars :' — A. About a year, sir. 



1866 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What proportion of that $350,000 was incurred for cleaniuo- and 
repairs of streets? — A. 1 do not know 5 I should judji^e about $150,000 
to $200,000 of it. 

Q. Those are repairs of streets other than those that were made by 
contract? — A. Principally cleaning streets, sir; the cleaning of the 
streets and the alleys. This city — I do not know whether you have 
noticed it — but it is cursed with alleys ; every square has from one to 
four and live alleys. They have to be paved and cleaned ; and those 
are the places where nuisances most do congregate. It costs us more to 
take care of the alleys than it does the streets as a matter of health. 

Q, Is the cleaning of these alleys'and streets let by contract ? — A. 
Yes, sir. 

Q. Do you know how much those contracts for the annual cleaning 
aggregate f — A. Well, they have only recently been let by contract. 
Before, it was done by day's work. I think the aggregate of cleaning 
the streets and alleys will run from $240,000 to $250,000 a year ; and 
cleaning the sewers, which is a very important matter — taking the 
deposit out of the sewers. 

Q. Is that included in this $350,000? — A. Yes, sir; it is included in 
that; everything except what is a permanent improvement. 

Q. The repair of the pumps would not be a large sum, I suppose? — 
A. It would amount to $30,000 a year. It is being decreased now, 
because we have taken out a great many of them. But that was 
one (»f the greatest leaks the board of public works had when they 
started. 

Q. Have you any idea how many there are in the city ? — A. I think 
one of our reports shows there are several hundred of them. 

Q. Is not the water that is used in the city mostly from the water- 
works'? — A. It is now, because the water has been distributed very gen- 
erally since we came in; the water-main has been laid, and the pumps 
— wherever we laid the water-main we took the pumps out. 

Q. Under the old system, did the Government take care of the pumps, 
or were they specially taxed on the property-holders'? — A. The corpo- 
ration tot>k care of them ; it came out of the general fund. 

Q. " Gleaning market-houses." What market-houses were those ? — 
A. That refers not to cleaning the market-houses ; it refers, first, to the 
erection of market-houses. Appropriations were made for this purpose, 
and the board of public works carried them out, and in some cases 
made advances ; the account was overdrawn. 

Q. That does not include the market-house at Seventh street and the 
avenue"? — A. O, no, sir; it has no connection with it at all. The Dis- 
trict government have put up, since they came in, one very fine market 
— the Eastern Market, and are building two others. There is the 
Northern Market, the Western Market, the Georgetown Market, the 
Eastern Market, and the Northeastern Market. 

By the Chairman : 

Q. Does this cleaning of the alleys and the sewers apply to George- 
town? — A. Yes, sir ; it applies to the whole District. 

Q. You keep no separate account of that work as between the two 
cities? — A. O, yes, sir ; the board keep an account. 

Q. They do it all and keep an account of the two cities ? — A. Yes, 
sir ; they do it, and keep an account of each section. 

By Mr. Thurman : 
Q. Can you give us the data from your answer that will enable us to 
see how much has been paid for printing in the District since the new 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1867 

governiiieiit caiiie into operation '! — A. I have furnished that for Jiuige 
Jewett, sir; I can give it to you from the hist investigation. 

Q. Has there been none since that t — A. Yes, sir; but the bulk of ir 
was all before that. All that has occurred since has been merely ordin- 
ary routiDe work. There were very heavy expenditures before that 
time. 

Q. Apart from the cost of improvements, schools, and printing — leav- 
ing that out for the present — about how much has been required to 
carry on the government in the District since it went into operation — 
about what annual cost ? — A. Tiie exi)enses of salaries, when I came 
into theoflice, were about 8l(;0,0(M>, if my memory serves me right. 

Q. That is the annual salaries ? — A. Yes, sir. I reduced them abour. 
$50,000, or as much as 1 could under the law. You will tind, by 
reference to page -fOo, the expense of lighting the city alone is 
1139,940 93, of which the city pays all excei)t 84,950.18. 

Q. That includes the jirice of the gas ? — A. Yes, sir. 

Q. AVhat does the gas company charge the city ? — A. They have 
been charging 83.50. 

Q. Do you know what they charge individuals.' — A. They charge 
about the same. 

Q. Do they make an^' abatement to the city ? — A. Xo, sir; well, they 
light it at so much a lanq) ; I think the price" is about thirty dollars a- 
lamp — from thirty dollars to thirty-three dollars. 

Q. Will that come to about the same price that is charged private 
individuals i — A. Well, that is difficult to determine. The bill whicli 
you passed yesterday in the Senate will lessen the cost. 

Q. Yes, 1 know that ; but I wanted to get at the fact whether the 
gas company charges as much to the District government as they 
charge to individuals? — A. Very nearly, sir ; there has been very lit- 
tle difference until this biil. 

Q. Does the gas comi>aiiv or the city keep the lamps in repair ' — A. 
The city. 

Q. And furnishes lamps and lamp-posts ? — A. The city furnishes the 
lamps and posts ; yes, sir. 

Q. You say that you cut down the salaries ; did I understand yon 
that you cut them down 850,00(), or about that amount? — A. About 
$50,000, 1 think, was the amount of reduction that I made. 

By the Chairman : 

Q. That would make them 8110,01)0 now ' — A. It is in that iieighboi- 
hood. 

By Mr. Thurman : 

Q. That is exclusive of schools I — A. That is exclusive of everytiiing 
except salaries. 

Q. How are the expenses incurred by the board of health paid ? — A. 
They are paid by the United States Government ; the salaries of the 
board of health are i)aid, aiul they have got an ap[)r()priation every year. 

Q. From the legislative assembly? — A. Xo, sir; from tln^ General 
Goverunjcnt. They got from the legislative assembly, J think, 8-5,00(> 
last year ; about as much more, probably more 1 hau that, from the Gen- 
eral Government. 

Q. How is that money employed by them ? — A. They employ it in 
preserving the health of the city, I believ<», in sanitary matters: they 
have their inspectors, and all that sort of thing. 

Q. Does that board of health make orders and rule*.' — A. Yes, sir; 
they pass ordinances. 



1868 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. How are they enforced ? — A. Well, I do not think they have ever 
enforced any. I do not think there has ever been any occasion for it. 
They can, through the police court. Yes, they have, in one or two in- 
stances, abated nuisances through the police court. 

Mr. MattinCtLY. The law authorizes the board of health to declare 
what are nuisances, injurious to health ; and they undertook to abolish a 
vsoap-factory up here on G street that has been there for the last twenty 
or thirty years; they declared that to be a nuisance, injurious to health, 
and that question has been argued before our supreme court of the Dis- 
trict, and is still undecided, I think, involving the power of the board. 

Mr. Thurman. Does the board of health make ordinances ? 

Mr. MattinCtLY. Yes, sir; they pass regular ordinances, just as any 
municipality do. 

Mr. Thurman. And affix penalties ? 

Mr. Mattingly. Yes, sir. 

Mr. Thurman. Do the courts enforce those ordinances? 

Mr. Mattingly. That is a question now pending. 

Mr. Stewart. There is some doubt whether the board will abolish 
the soap factory or the soap factory abolish the board f 

Mr. Mattingly. They undertook to exercise legislative functions. 

Mr. Thurman. I want to know how many law-makers there are in 
the District. 

Mr. Mattingly. Well, sir, you have given us a good many. 

Governor Shepherd. In reply to your question about the cost of 
pumps, I see that fortitteen mouths, from September, 1871, to December, 
1872, it cost 131,000 for repairs of pumps. 

By Mr. Thurman : 
Q. Was the number of pumps given there ? — A. No, sir. 

By the Chairman : 

Q. How much does the District pay to this board of health annu- 
ally ? — A. I think the appropriation last year was $25,000. 

Q. They have no control over the District funds, except through an 
appropriation? — A. Do you mean the board of health f 

Q. Yes, sir. — A. O, no; the appropriation is made to them absolutely. 
They disburse it. 

Q. It is paid over to them f — A. Yes, sir. 

By Mr. Bass : 

Q. Have you a list of appropriations made by this District legisla- 
ture since it was established, and the object for which the money was 
used ? — A. I can give them to you from the appropriation bills directly. 

Q. They are all included in that volume f — A.. Yes, sir. 

By the Chairman : 
Q. They have one general appropriation bill ? — A. Yes, sir. 
Mr. Stanton. There are two ; there is generally a deficiency bill also. 
The Witness. They pattern after Congress pretty closely in that 
respect. 

By Mr. Bass : 
Q. Have you made up an estimate of the expeuvse for the ensuing 
fiscal year on approximate estimate ? — A. No, sir; the estimate has not 
been made up. It is usually done and submitted to the legislature, but, 
on account of the pending inv^estigation, I did not do it. 



TESTIMONY OF ALEXANDER R. SHEPHEJil). 1809 

By the Chairman : 

Q. You brtve in the District a governor and a legislature ? — A. Yes, 
sir. 

Q. Is there any limit on the power of the legislature, that you know 
of, to make laws? — A. Yes, sir; it is limited in the oiganie net. 

Q. There is no limit except that in the orgnnic act? — A. Xone, sir. 

Q. Then you have a board of public works? — A. A board of public 
works. 

(}. And a board of health? — A. Yes, sir; and a board of police com- 
missioners. 

Q. Consisting of li\e or three commissioners? — A. Five coinuns- 
sioners. 

Q. I tind various sui)erinten(h'nts — superintendents of water, super- 
intendents of gas, &c. State the number of them. — A. They are sub- 
ordinate officers to the board of ])ublic works. All except the water- 
registrar and the superintendent of lamps are District otlicers, under the 
control of the board of ])nblic works. You will find all the officers in 
the acts of the legislative assembly. 

Q. There is an act creating a vast nnmber of oflices ? — A. That is it, 
sir. 

Q. You said that you reduced the salaries? — A. No, sir. I did not 
reduce the salaries, I reduced the ottices. 

Q. And thereby reduced the expenses ? — A. Yes, sir. I did !:ot ap- 
point them. 1 vacated the offices. For instance, they had a collector 
and three deputy collectors. I ai)iiointed a collector, and vacated the 
three deputy collectors, 1 think it is a great deal more efHcient than 
they were with four. 

Q. In that way you reduced the expenses of the District govern- 
ment? — A. Yes, sir. 

Q. Is this police commission in any sense under the control of the 
governor and legislature'? — A. No, sir; there is no connection with, 
them at all. They are appointed by the Government. 

By 'Mt. Thurman : 
Q. That is the Capitol police ? — A. No, sir; the Metro))olitan police : 
they are appointed by the President and confirnied by the Senate. The 
Government pays two-thirds and the city one-third. 

By the Chairman: 

Q. lMeas«i state how you make up .$2,o()(),()UU charged against the 
United States on account of sewerages. — A. It is Si', 740,081.83. By 
turning to page 17, you will lind that, carrying out the assessment on 
the areas of ground belonging to the United States in detail, as it is 
there, it aggregates 8<»H4,;jG(J.15. Then the area of the streets and ave- 
nues, carried out at the same rate whi(;h the property-owners are taxed» 
makes up the difference and the 8li,74(),()()(). The assessment at the 
same rates charged to private-property owners, on the parks and reser- 
vations of the United States, aggregates ."tilJO 1, ."»()(>. I. "i ; and the same 
rate of taxation charged to i)rivate pro[)ert3' on the avenues and streets 
makes the sum total of *L',740,(>81.8;J. 

Q. That is assessing the avenues and streets? — A. IMitting a sewer- 
tax on the avenues and streets, which have to be drained. 

Q. Do you do that at the rate of twenty mills and eleven mills, »S:c., 
on the dollar? — A. No, sir; just at the same rate that it is assessed in 
the ditVereut localities. 1 had the table made up, and have it. 

Q. Is the item of a million of dollars niade up in this way ? — A. No^ 



1870 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

sir. At the last session of Congress there was a general disposition 
that the Government should pay all the expense of improving the ave- 
nue that was not assessed upon private property, and we submitted a 
bill or statement of expenditures, amountiug to $1,700,000. They cut 
off $700,000 when the thing came up in the Senate, and left that to 
stand over until this session. Since that time there has been about 
-$300,000 worth of work done, which makes up the milliou here on ac- 
count of the aveuue. In regard to avenues, it might be well to remark 
that in no other city do you hnd such thoroughfares — do you find such 
streets. If this city were merely intended for anything but a capital 
there would be no need of them, and they would be taxable, and pay 
a revenue as other property does. But here you find that 54 per cent, 
of the whole area of this city is in streets, avenues, and reservations 
owned by the Government. 

Q. In making up your table of assets you do not include the amount 
due from the United States? — A. No, sir; Ave do not treat it at all. 

Q. You do not treat it as an asset ? — A. No, sir ; I find here, by refer- 
ence to page 33, a tabular statement of the area of avenues and streets 
aud the drainage-section of the city of Washington, aggregating 
00,357 1240 square feet at the same rates of assessment charged private- 
property owners in the various sections, namely, 5 mills, 11 mills, and 
20 mills. The aggregate tax would be $1,099,738.80. 

Q. In making up that estimate, would you charge the Government 
property just as you would private property ? — A. Yes, sir ; just at the 
same rates. 

By Mr. Thueman : 

Q. I was not in this morning when you explained these sewer-dis- 
tricts. One thing has puzzled me, upon which I should like to hear your 
explanation ; and that is, why this district in which we now are, No. 5, 
I believe, should have been assessed at 2 cents a square foot for these 
main sewers, when, according to the way I make it out, looking at the 
7nap, about f of the district is drained into the Auacostia or into the 
Potomac, and is not at all benefited by these sewers "? — A. I think you 
are mistaken about the area drained into the others. If you will look 
at this ridge here straight through to the river, and then take Bound- 
ary street, that whole valley is drained by the Tiber. 

Q. The divide is about A street, northeast ? — A. Yes, sir. 

Q. Now all south of that is either a plateau, that needs no main sewer 
at all, needing nothing but ordinary street-sewers, as it lies on a slope 
toward the Auacostia or toward the Potomac? — A. It needs a large 
brick sewers, one of which we have built on Seventh street, a brick 
sewer five or six feet in diameter ; and it needs other sewers of that kind, 
into which the lateral sewers can be turned. Y'ou cannot run small pipe- 
sewers from EastCapitol streetdown to the river. Y^ou have to run them 
into large sewers; the idea is to build the Seventh-street and Eleventh- 
street main sewers, into which these lateral pipe-sewers will run. 

Q. Is the cost of main sewers included in the amount to be raised by 
this assessment '? — A. Yes, sir. 

Q. Is that supposed to be sufficient for all that? — A. Amply, sir; it 
was made on a plan. 

Q. What main sewers were projected for that? — A. I think there are 
three main sewers in that section of the city. There is one quite large 
sewer built here already, on D street, in this section, which commences 
at the canal and comes up just below Judge Holt's place, if you recol- 
lect, up in front at D street, on New Jersey avenue. It commences at 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1871 

the canal and runs northeastwardly. I think that is a 7 or S foot sewer, 
comnif? up and ending by the Eastern Market. It ends in the Govern- 
ment reservation between Fourth and Sixth streets. 

Q. Out by Lincobi Square ? — A. No, sir; this side of it. There is one 
sewer that drains this way into the canal, and will empty into this arch 
that is now beino- extended from Maiyland avenue down to, lames Creek. 
That section of the city will drain into that sewer, and does do so. Then 
when you yet down to Seventh street there is a main sewer to be j)ut 
«U>wn Seventh on the navy-yard, which runs <Hrectly to the river; and 
another, I thiidc, on E'eventh, if my memory serves me riyht, commenc- 
inji: at the ridjije — Eas„ Capitol street — and runninj; down and emptying 
into the river. Then north of that is the valley lyinjx between tliis 
ridge and Bcmndary street, emptyir'g into this sewer, whicii runs \ve>t- 
wardly down this valley, and empties i'to the Tiber sewer. 

Q. Where that slopes directly down to the Anacostia would begin 
about where — about how far east is it? — A. Well, sir, it would begin 
about Sixth street ; it would begin about Mhera this cross-sewer that I 
have been speaking of, I) street sewer, stops; just on ihat ridge where 
the Eastern Market is, and runs down into the river. 

Q. When you get far out, though, there is a rapid descent toward the 
Anacostia, is there not ? — A. (), there is a splemlid fall there. 

Q. That territory must be drained into the Anacostia ? — A. It drains 
directly into the Anacostia. 

Q. And the ordinary street sewers would be sufficient, would they 
not? — A. It would require a brick main sew/'r tive or six feet in diame- 
ter to drain that section. I'robably it would require two sewers. I think 
there is one on Seventh street and one on Eleventh street to drain that 
section. Up around Lincoln S(]uare, if you will recollect, lor the past 
ten years it has been a marsh or stagnant i)ond of water all that time. 
There has been no drainage whatever to it — down in that valley of 
which I have been speaking. Talk about 20 cents a foot! Why a 
sewer built there will double the value of the property, because squares 
upon squares have been and are overtlowed at every heavy freshet, and 
there is no way to get the water off, and these sewers are being built 
for that puri)ose. Kow, in this northern part of the city, out by H street, 
there is one of tlw best i>arts of the city ; but it has been a swamj) and 
morass — no way of diaining it at all. People would not build there ; but 
since this sewer is being put through ])eople are beginning to look 
around and to build. 1 will give you an instance as a business man. 

There is a Sfpiare of ground between h and K streets north, and 
North Cai)itol and First streets, belonging to the Todd estate, which a 
few days ago I exchanged for impro\ed i>roi>erty, sonie i)ropertyon the 
avenue and sonu^ uj)on Seventeenth street, where I live. 1 would not 
have touche<l that s(]uare had it not been for this sewerage, because 
there would have been no way of draining it, and I could never have 
improved it at all. This tax of two cents a foot, while it is a matter of 
six or eight thousand dollars on the scpiare, increases the value more 
than doul>Ie for building purj)oses. 

Q. You take a man's property that is worth only one cent a foot and 
tax him two c-ents a foot: although yon incicase the value ot his jwoperty 
to double what it was before, that would Jnst exactly pay tlie lax .' — A. 
You will find very few cases of that description. I am looking at this 
thing in a general point of view. Of couisc there are individual eases 
where it bears somewhat oppressively, and you cannot Iranu' a law 
that will not have such an effect, in certain cases; sjteaking on a 
broader basis, as to how it affects the general welfare, it is of incon- 



1872 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ceivable advantage. Now, this District of which yoii speak, the average 
value of the ground per foot, as I submitted this uiorning iu my tables, is 
2oceutsa foot. ]Sow, what has kept this part of the citjback has beeuthe 
wautof sewerage. It is swampy, marshy laud, that people would uot build 
upon. You can go right there, within live squares of the Capitol, and 
you will tind tifty or sixty houses built because this sewerage is being 
carried out there and the land drained. Some oue spoke of this tlat down 
here by Buzzard's Point — ground that General Washington, in his will, 
valued at 12^ cents a foot. It has never been worth anything, never 
been developed, but the opening of this James Creek Canal and the 
grading of the streets alongside will double the value of that property. 
It is assessed now at 5 to 10 oenrs a foot, and would probably lay 
twenty years without increase iu value ; but the opening of this canal 
and the draining of this' section of the city makes it habitable. It is a 
remarkable fact that General Washington, in his will, valued some lot's 
down here, at Buzzard's Point, at I2i cents a foot, more than they have 
ever been worth since. 

Mr. Merrick. That was before the day of railroads, and it was then 
thought that would be a great point of commerce; that the navigation 
and shii)ping of the world would be concentrated there. 

By the Chairman : 

Q. Now, right in this connection, please state the cost of this main 
sewerage. What is the cost of these main sewers — the total cost ? 

Mr. Thitrman. That is iu the answer. 

The Witness. That is iu evidentie somewhere. It is iu the neighbor- 
hood of three million dollars. 

By Mr. Stewart : 

Q. Do you think that the reason that the improvements iu the way of 
buildings have gone out toward Georgetown is because this part of it 
was wet, and needed sewerage ? — A. I think so; and then it was the old 
story, you know, of killing the goose that lays the golden egg. These 
people ui) here held their property so high that building uaturally went 
the other way. 

Q. Is it supposed this swampy condition of the ground had anything 
to do with the health f — A. Right up this valley there has been a 
swamp for years. Until within the last two years, there was not 
a house built there ; but now it has been built up from Maryland 
avenue to H street, a nice little village beiug built up there. 

Witness. Judge Thurmau, this morning I put iu a statement as to 
the expenditures made under the old corporations for main sewers ; 
what it had cost these different sections per foot, which is very inter- 
esting. The section which is spoken of being assessed at only 11 mills 
has paid some four cents — nearly live cents — a foot already under the old 
corporation for main sewerage, while this large section here has only 
paid y^i5% of a cent — a third of a cent. That is the disparity now. The 
disparity ought to be still greater in fact, but the plan adopted was 
to fiiul the cost of finishing the main sewerage in each one of the par- 
ticular sections, and assess it. 

By Mr. Stewart : 
Q. So as to equalize the sewer-tax ? — A. Yes, sir. 
The Chairman. Judge Merrick, do you wish to ask Governor Shep- 
herd any questions? 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1873 

]Mr. j\rERRrrK, We liave ii sreat many questions to ask liinj. I do 
not know whether we care about it this afternoon. AVe seem not to 
have a full committee. 

The CiiATR^iAN. Mr. Mattinpfly, have you any other witness? 

Mr. MattinCtLY. "We close our testimony with Mr. Shepherd, with 
the exception of these measurements. We do not know what the 
engineer's report will be. 

Mr. TnuRMAN. I suppose it will necessarily be that when we come 
to take this testimony and collate it — get at the most material points of 
it — we may lind it necessary to call some of the witnesses back, and, 
perhaps, some of the ofticers of the government, to explain particular 
parts of it. I have no further questions to ask of the governor now ; 
bnt when we come to collate the testimony, we may have to call for ex- 
planation irom some of the otticers. 

The committee thereupon adjourned till to-morrow morning at 11 
o'clock. 



Friday, May 8, 1874. 

The committee met at 12.45 p. m. 

G. H. Wilcox was recalled at his own request. 

The Witness. Mr. Chairman, in the testimony of Mr. Storrs before 
this committee my name and those of several others were mentioned in 
an unjustiflable Avay. Mr. Storrs proposed to come before the committee 
and correct the statement which he made if he had an opportunity. As 
he has not had an o])portuuity, I desire simply to say that I never visited 
Mr. Storrs's room, except at his request, and while there Mr. Storrs in- 
curred no expense on my account. He gave me a letter, which 1 have 
here, and which I ask to submit and become a part of the proceedings 
of this committee. He amends, probably, so far as he is enabled, for the 
unkiudness he did me hy the statement which he made. 

By the Chairman : 
Question. Is that all you wish to say ? — Answer. Yes, sir. 
The letter referred to is as follows : 

May 5, 1S74. 
Dear Sir : In mj- testimony before the investigating committee you appear to think 
that I have stated matters greatly to your disadvantage, and which I very much re- 
gret ; and I also regret that I made it appear that you were an unwelcome visitor at 
uiy room. Our intercourse since that time lias been of a social and agreeable nature, 
and I have now no reason to believe, from all that I have seen, but that your course iu 
relation to the pending investigation since I knew you has been upright and straight- 
forward, as you very well know my own has been. 
This is not to bo regarded as at all iirivate or conlidential. 
Yours, truly, 

E. A. STORRS. 
G. II. AViLCOX, Esf^. 

Governor A. It. Shepherd recalled. 
By Mr. Wilson : 

Q. You were asked the other day in regard to grading having been 
done by one contra(;tor and the ])aving done by another contractor, and 
no deductions made on account of grading from the ])avement. I un- 
derstand you to say it was the fault of the engineer that that was done. 
Is that correct.' — A. Well, you spoke in regard to one particular place, 
118 D C T 



1874 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Pennsylvania avenue east. You asked why it was not clone tliere, if my 
recollection serves nie right. I said that if that contract required it to 
be done by those parties, it should have been deducted from their set- 
tlement. 

Q. Yes ; but is it the fact or not that the grading was let to McXa- 
mara ? — A. The grading was let to McNamara. 

Q. The grading and macadamizing"? — A. Yes, sir. 

Q. Tijen the macndamizing was taken away from that contract ? — A. 
Y^es, sir. 

Q. And the street was paved by De Golyer & McClelland ? — A. Yes, 
sir. 

Q. Do you regard it as the duty of the engineers in that case to take 
from the Be Golyer & McClelland contract the grading, or make any 
deductions from it on account of grading? — A. I think some deductions 
should have been made. 

Q. Do you think that was the duty of the engineer? — A. It must 
have been his duty. It could have been nobody else's. 

Q. Why was there not some provision in De Golyer & McClelland's 
contract in order that that deduction miglitbe made by the engineers? — 
A. Well, the provision was put in De Golyer & McClelland's contract 
similar to that in all other contracts, and the award was based upon the 
I)rovision which prevailed regarding all contracts for patent pavements. 

Q. Do you know of any other cases in this city where contracts for 
grading w^ere let to one person and for the paving to another party, and 
no deduction made on account of the grading f — A. I know where grad- 
ing and curb-setting has been let to parties, and the carriage-way has 
been laid by other parties. In most instances, however, that was done 
to facilitate the work. The board in many instances had not determined 
what kind of pavement to put upon the street, and were governed to a 
very great extent by the wishes of the property-owners in regard to 
streets which were i)aved. As I stated to you the other day, these two 
feet of grading were intended to apply to leveling off the streets — the 
old streets. The calculation was that it would average at no point over 
two feet, where the street was rounded up in the center, and it was in- 
tended to apply to the leveling off of the crown of the old streets. 

Q. Do you know any cases where grading was deducted from a paving 
contract, the grading having previously been done by some other con- 
tractor ? — A. I am not familiar with the measurements at all, sir ; they 
were made by the engineer, and the matter left with him. He had the 
contracts and all the necessary data upon which to base his calculation. 

Q. Were there any cases in which the engineers undertook to make 
these deductions and the contractors appealed to the board, and the 
board refused or declined to allow the deductions to be made ? — A. 1 
think there was one case on F street, all the papers relating to which 
have been put in evidence, I think. 

Q. AVere there any other cases, do you remember ? — A. I do not recol- 
lect any, sir. 

Q. Yesterday you said something, as I am informed, in regard to the 
sewer down Seventh street east. I was not present at the time you 
were examined in regard to that matter ; I would be glad to have you 
state here again about that sewer, — A. I said my impression was 
that there were to be two brick sewers built in the section to which 
Judge Thurmau had referred — one on Seventh and one on Eleventh 
street. 

Q. They have not been built ? — A. One of them has. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1875 

Q. Has the one on Seventh street been bnilt .' — A. Xo, sir; I think 
not. 

Q. Is there any sewer down that street .' — A. There is a sewer in Sixth 
street. The main sewer in Seventh has not been bnilt. 

Q. From what point to what point has that sewer been bnilt t — A. 
My impression is that it is to start at the ridge — Pennsylvania avenue 
east, between that and East Capitol street — and empty into the river. 

Q. How do you propose to get out past the railroad-tunnel ? — A. 
There is a sewer under the tunnel now. 

Q. Yon proposed to drop it into the sewer underneath the tunnel 'i — 
A. Yes, sir. 

Q. What kind of a sewer is underneath the tunnel .' — A. There is a 
brick sewer there that the railroad company built. The Baltimore and 
Potomac Itailroad Company built that to carry off the water. 

Q. Where does it go to ? — A. It empties on the other side of the rail- 
road-track. I do not know whether it has been continued to the river. 
I think not, however. 

Q. You are reported yesterday to have said it needs a large brick 
sewer, one of which we have built on Seventh street, a brick sewer of 
live or six feet in diameter. That is a misprint ? — A. Yes, sir ; it should 
read Eleventh street. It is a misprint. 

(}. You seem to have been misunderstood on that subject. That is 
the reason my attention was called to it. What has been the mode of 
letting contracts since the board of public works came into operation ? — 
A. The mode of letting contracts has been to give the work at the 
prices fixed by the board to responsible parties, as far as it was possible. 

Q. Was there any particular member of the board who was authorized 
by the board to let these contracts ? — A. The vice-president of the board 
was the executive ollicer, and did most of the business. All contracts 
for any amount, of any size, were acted upon by the board and let by 
him by authority' of the board or a majority of the board. — -^ 

Q. Then, if I understand you, the vice-president had authority' from 
the board to award thest; contracts, or signify the parties to whom the 
contracts should be let, and what contracts should be let, which was 
afterward ratihed by the board ? — A. No, sir; it was ratified before they 
were let, in all cases of any moment. 

Q. They were, you say, in all cases let to responsible parties ? Were 
they let to contractors in all cases ! — A. To contractors; yes, sir. 

Q. Do you know of any cases where contracts were let lo parties who 
were not contractors, those parties afterward selling them out to persons 
who were contractors, and who were to do the work ? — A. Xo, sir; I do 
not know of any case where they were let to parties without those par- 
ties came indorsed by some person as entirely responsible to do what 
they undertook to do. 

Q. ])o you know of cases where parties wonld go to the board or to 
yourself or any other member of the board, and propose to take con- 
tracts, the contracts to be performed by somebody else ? — A. X'^o, sir ; 
Jio contracts were let in that way to my knowledge without they repre- 
sented some firm or had connection with some firm ; that point had to 
be established first — that they had connections which would enable them 
to do work promptly and well. 

Q. Why was it that you did not negotiate a\ ith the i)arties directly 
who were to do the work? — A. We always did, sir, where such cases 
came up ; that is, as far as I know. 

Q. 1)0 you know how many patents the Evans Concrete Company 
controlled ? 



1876 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

The Witness. Tlje Evan's Concrete Company ? 

Q. Yes, sir. — A. I don't know that they controlled bat one patent. 
They may have had two or three patents, but they were merged into one 
here in putting down these pavements. 

Q. They were merged into one company ? — A. No, sir, into one patent ; 
that is, the patents were merged into one company ; yes, sir. 

Q. Something like the wood pavements that were merged into the 
Metropolis Paving Company ! — A. Well, the Metropolis Paving Com- 
pany, as I understood it, had control of two different i)atents for pave- 
ments. 

Q. Three wood-pavement patents ? — A. The bid of the Evans Con- 
crete Company specifies the kinds of i)avement they were to lay. 

Q. But do you know how many patent pavements they had control 
of? — A. 1 don't ; I think Mr. C. E. Evans testified in regard to it ; his 
testimony will probably give the information desired. 

Q. Do you recollect of the $1,000,000 appropriation having been made 
by Congress ? 

The WiTivESS. An even million, do you mean? 

Mr. Wilson. Yes, sir. 

The Witness. To re-imburse 

Mr. Wilson. Yes, sir. 

A. Yes, sir. 

Q. W^as there an account made out upon which that appropriation 
was predicated ? — A. There was. 

Q. Who made out that account ? — A. It was made out by Mr. Forsyth 
and Mr. Oertley, I think. 

Q. At whose suggestion ? — A. At mine. 

Q. Do you know the data they had upon which to make out that 
account? — A. They had for $1,200,000 of it the data which is put in 
the report for 1872, and the remaining data was compiled from the old 
records in the office. 

Q. The 81,240,000 was an appropriation procured upon an independ- 
ent account, was it not ? — A. No, sir ; there is a statement in the re- 
port for 1872 of expenditures on avenues, I think, if my memory serves 
me right. 

Q. Have you a copy of that? — A. I do not think I have; I think 
that was left. It was furnished the Senate Committee on Appropria- 
tions, or, rather, it was furnished to the two committees. It went first 
to the District Committee and then to the Appropriation Committee 
of the Senate. 

Q. Do you know whether that account can be procured ? — A. Indeed 
I do not know. 

Mr. Wilson. I would like to have that statement, if anybody has it. 
It is on })age 527, I believe. [The book handed to Mr. Wilson by Mr. 
Stanton.] 

Q. One of these is to complete the improvements of streets and ave- 
nues now in progress opposite to and around Government propertj', 
$913,497.20. Now, was there an account made up, or an estimate as to 
the amount of money necessary to complete improvements of streets 
and avenues then in progress around Government property ? — A. Yes, 
sir ; there was an estimate made and submitted to the committees. 

Q. That seems to have been made out with some degree of accuracy, 
because I see it even comes down to the cents that were required ? — A. 
Yes, sir ; the committee required it. 

Q. Was that regarded as being sufficient to complete the work then 
in progress around Government joroperty ? — A. It went for what it 



TESTIMONY OF ALEXANDER 11. SHEPHERD. 1877 

was. I ilo not know wlietbcr it was sufficient or not. It was reported 
as the amount necessary. 

Q. Was it made up in the office of the board ? — A. Yes, sir ; it was 
made up in the office of the board. It was made ui) by tliose two gen- 
tlemen, I think. 

Q. Was it made up from the best data that coukl be procured ?— A. 
I suppose so. 

Q. Now, the next one is to re-iinburse the city of Washington for im- 
proving avenues of said city, and for work done thereon not chargeable 
against owners of private property, nor inchided in approi»riation8 here- 
tofore made, 81,000,000. That estimate, I suppose, was made uj) also 
Avith a view of getting the amount of money that had been expended by 
the city of Wasliingtou prior to the board coming in .' — A. ^o, sir; my 
impression is that tliere is an estimate up of $1,700,000. These amounts 
were taken, and the amounts paid by the General Government on these 
avenues were deducted from it, leaving a balance of 8700,000. The 
Committee on Appropriations reported the appropriation bill to the Sen- 
ate, and I think Mr. Sawyer offered an amendment, approjuiatiug 
81,700,000, but, at the instance of Mr. Ferry, of Michigan, 8700,000 was 
stricken off, and 81,000,000 went into the bill. 

Mr. Wilson. I simply wanted to get an idea as to liow this thing was 
done with reference to these appropriations. 

Q. Can you produce the account on which the one million appropria- 
tion was procured I — A. A part of it is produced — the amount expend- 
ed by the board. Tlie papers were presented to the Committee on 
Appropriations. 

Q. Of which body ?— A. Of the Senate. 

Q. See if this is the paper that was presented for the work done by 
the old corporation, (handing witness a paper.) — A. It would be im- 
possible for me to say whether this is the identical paper. The fact 
that the amount foots up the same would lead me to think that is the 
paper, but I would not say so iTuless there was something to establish 
the fact. 

Q. Were your instructions to Mr. Oerlley and IMr. Forsyth to make 
up an account of all the work that had been done by the old corporation 
for the imrpose of getting a re-imbursemeut from Congress, that had not 
been previously paid for ' — A. In this very report we state the fact that 
the Government should re-imburse the District for the money expended 
upon twenty-one avenues, which, being named after the States of the 
Union, form a national feature of the Cai)ital, and all that sort of thing. 
In this report the details are shown ; 81,237,371.92 had been expended 
by the board of public works on these avenues since they went into 
power, and this statement of 8891,000 was the amount expended on 
them i)y the old cor[)orati()n. 

Q. Your impression is, then, that this i)aper shows the amonnt of 
work that it was claimed had been done l)y tlie ol<l corporation on these 
avenues ' — A. I cannot testify as to that being the paper. 

Q. That is your impression ? — A. 3Iy impression is that it was a 
paper similar to that. 

Q. This pai)er contains the amounts that the board claimed the old 
corporation had done on these avenues, for which Congress should re- 
imburse .' — A. That I would not say. 1 would say the amount is the 
same the board chiims. l)nt whether tiic details are so or not I would 
not like to say. I woiihl add that I have a detailed statement nuide up 
from 1S02 to Jane, 1S71, of all the expendittues by the corporations. 
The abstract of it is in my answer, but I liave the paper. 



1878 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Wilson. We have tliat already. 

Q. Now, did you have an account made out to get the appropriatiou 
of $913,497.20 ? — A. Tliere was au estimate made and submitted. 

Q. Now, by the report of 1873, on page 2, I find that it is stated that 
the indebtedness of the General Government to the District of Columbia, 
on account of improvements, as shown in the statement hereto anexed, 
is as follows: "For work in and around Government reservations and 
public buildings, 8573,173.75 ; for work on avenues, 81,056,574.30 ; for 
main sewerage, 82,540,081.83; making a total of 84,170,427.94." The 
details of these are to be found, I presume, in this appendix, or in the 
exhibits that are filed with this report, and I apprehend that that $2,540 
should be 8740,000 ?— A. Yes, sir. 

Q. That is a misprint. I gather so from an examination of the tables 
that were put into the report for the purpose of showing the amount of 
money that the Government ought to pay. — A. Well, it was stating 
an account with the General Government in a definite form; but 1 think 
— and I am of the opinion that every member of the committee will 
concur Avith me after investigating the matter — that that is about half 
of what the General Government should pay on account of these 
improvements. 

Q. You think, then, the General Government, instead of owing 
$4,375,427.94, really ought to pay twice that amount? — A. I think, judge, 
this: that they should pay a just proportion for improving streets and 
avenues which they own in fee-simple and have entire control of — 
which they have ownership over, and which they close in and take up 
whenever it suits their purpose. 

Q. Y^ou don't mean, then, as this report states, that this is an indebted- 
ness of the General Government to the District of Columbia ? — A. Y'ou 
know that Congress is a body that has supreme control, and can do 
what it chooses, and the citizens of this District have no recourse what- 
ever. They can do nothing but take what is given them. The first 
item is about what is justly due under their own laws for improve- 
ments upon their property. The second, for work on avenues, is carry- 
ing out the principle established in the last appropriation bill — that 
they would pay all moneys silent on account of avenues. That portion 
justly chargable to private property, and the third, the general sewer- 
age of the city is based upon the same assessment which the private 
property-owners pay in this city. 

Q. I will come to that presently. I want to get at the character of 
this indebtedness. Now, the first item in the statement that I have 
read from the report of the board is $573,171.75, and the details of that 
item are found on page 20 1 — A. Yes, sir. 

Q. Now, in that I find embraced for work on Seventh street, northwest, 
in front of the Post-Ofllice and the Patent-Oflice, 845,570.55 ; flagging on 
Seventh street, 811,100.75 ; F street, northwest, in front of Post-Ofifice 
and Patent Office, 834,130.15 ; flagging on F street, northwest, in front 
of Post-Ofiice and Patent-Oflice, 88,538.45; Eighth street, northwest, 
in front of Patent-Oflice, flagging, $2,007.50. When was that work 
done ? 

The Witness. Which? 

Q. Those items I have just enumerated of work around the Patent- 
Office and Post-Office ?— A. I think it was all done during the past 
year — during 1873. 

Q. All done since the appropriation of the 8th of January, and the 
3d of March ? — A. Yes, sir ; part of this work was included in the ap- 
propriation of the 3d of March. 



TESTIMOXY OF ALEXANDER E. SIIEniERD. 1879 

Q. What is that ? — A. This work inchidocl iu this appropriatiou of 
6913,4!)7.3G ; Avas intended to ap])lj to a portion of this work. 

Q. That 8!)13, 107.30 has been drawn, has it not? — A. Yes, sir. 

Q. Has it been applied to tlie payment of debts ?— A. It has been ap- 
plied to the pa^'inent of the debts of the board. 

Q. But you say that it was intended for this work? — A. No, sir. I 
say that it was a part of the work contemplated in that estimate, and 
I think payments on account of this work were made, iu all 8913,-1:97.30. 

(,). AVheie has the Government got credit for the amount that was 
paid out of that 8913,000 on account of this work ? 

The AViTNESS. AVhere is it credited ! 

Q. Yes, sir. — A. You have a full statement there. All the vouchers 
are in my answer. 

Q. If the Government has been credited on account of this work, 
then why is it put in this item of 8'">73,171.75? — A. Simply because the 
ap])roiniatiou was insufiicieut to pay the total cost of the work. 

i}. J)id you ap[)ly any of that money to the payment of this work? — 
A. I think so. 

Q. Then should not there be an account stated showing ? — A. I 

think tliere has been a settlement. This is the balance due on this 
M'ork after 

Q. After paying that ? — A. After paying what has been paid. 

Q. Then this does not contain the statement of the full cost of the 
amount of that work around the Patent-Otiice and Post-Ofldce? — 
A. I tliink not. The vouchers, I presume, will show what it cost. I 
think you will find them there iu the Treasury Department voucher. 

Q. S\"ithout going through this account in detail, I will state that 
I find here an item for work on streets around the United States Cap- 
itol, 8-'S3,200.Sl. \Vhat streets are those? How is that item made 
up ? — A. It is made up by these streets : B street north, and First 
street east, and changing the grade on East Capitol street and Pennsyl- 
vania avenue east, to Maryland avenue and C street, for bringing them 
into it. 

Q. In other words, when you changed the grade on First street east, 
you had to change the grades to the streets leading into it? — A. Yes, 
sir. 

Q. And then you charged the United States with the cost of changing 
the grades on those streets leading into First street east ? — A. AVhere 
they had been made before, because the grade 

(^. Upon what principle did you do that ? — A. If you will allow me 
to explain 

Mr. Wilson. That is just what I want you to do. — A. Congress 
passed, some time ago, a law appointing a commission consisting, I tliink, 
of the Commissioner of Public Buildings, the mayor of the city, and the 
Architect of the Cai)itol, to fix the grades around the Capitol. 

Q. ^\"\\\ you turn to that act? — A. It was aftirmcd by Congress, but 
no apiJiopriation was made to carry it out. It was only at the last 
session of Congress that an a[)propiMati()n was made to improve those 
streets around the Cai)itol, under .Mr. Clark. Senator 3lorrill, chair- 
man of the committee of public l)uildings and grounds, sent for me, and 
said that it was very important that tliese improvements should l^e 
carried out, and that he desired that we should do it, we having charge 
of the streets; that the grade had iu)W been established beyond any 
peradventure ; that an a[)iiroi)riation had been made by Congress for 
improving this horseshoe, and that he would be very glad if we would 
carry it out. Acting u[)on that reconimendation and request, we car- 
ried out the grades as established by Congress. 



1880 AFFAIKS IN THE DISTRICT OF COLUMBIA. 

Q. That was this last sninmer? — A. Yes, sir. 

Q. But, prior to that, and after the grade was established, had yon 
gone on without regard to the grade established by Congress, and i^ut 
down this wood pavement around here f — A. AVe had done so, simply 
because we could not receive any authority from Mr. Clark to carry 
out that grade. 

Q. While you were engaged in that, did Mr. Clark call your atten- 
tion to that grade? — A. He did, sir, and was very anxious to have it 
done 5 but when I asked him to put it in writing — to make a written state- 
ment, so that we would have something authoritative — he declined to 
do it. And so the two squares were paved at the request of the prop- 
erty-holders, without the grade being carried out. It was no fault of 
mine that it was not, for I was very anxious to have it done. 

Q. Did Mr. Clark prevent you from going to the grade that had been 
established by Congress?— A. Mr. Clark did not prevent me, but he 
would not do anything in regard to the matter. He would not give his 
assent to it. 

Q. Do you know why? — A. I think it was natural timidity on his 
part. 

Q. Did he have any money with which to do it ? — A. He was not 
asked to furnish the money to do it. He was simply asked to approve 
of the grades fixed by Congress, and to stand by us if we carried them 
out, which he at first promised, but declined afterward to do. I will 
state in regard to that, with a view of perhaps making it a little clearer, 
that Mr. Mullett was the engineer of the board at that time. He was 
very much opposed to the change of grade, as established by Mr. Clark 
and his commission, and in giving the grades he gave them at the old 
points. 

Q. The fact is, then, that after Congress had established this grade the- 
board of public works proceeded to grade and pave the street, but not in 
accordance with the grade established by Congress ? — A. We did not 
grade and pave the streets. First street was not graded and paved, only 
East Capitol street and Pennsylvania avenue east, so as to make it pos- 
sible to get up to the Capitol. If we had cut down and graded at East 
Capitol street and Pennsylvania avenue east, it would have left an em- 
bankment ten feet high, and there would have been no means of com- 
munication at all. It was a great deal cheaper to pave those two 
blocks, and afterward cut the streets down, the only difference in cost 
being the relaying of the pavement and resetting of the curb. The 
material was all used again. The grading would have cost just as much 
if it had been done at first, as when done subsequently. The additional 
expense involved was simply the relaying of the blocks. 

Q. And the cutting down "i — A. No, sir; that would have been done 
any way, and had to be paid for any way. 

Q. That is true, but the i)oint is this : you were engaged in grading 
and paving these two streets. Did Mr. Clarke call your attention to 
the fact that that would have to be changed ? — A. I called his attention 
to the fact. 

Q. Did Mr. Clark call your attention to the fact that that would 
have to be changed because Congress had established the grade at First 
street east differently, so that it would not correspond, when that grade 
was cut down, with the grade you were making on these other streets ? — 
A. I called his attention to it, and asked him to give me something in 
the shape of an authoritative expression of his ideas which would en- 
able me to carry out those grades. Mr. Mullett, as I said, was the engi- 
neer of the board, and was bitterly opposed to carrying out Clark's- 



TESTIMONY OF ALEXANDER K. SHEPHERD. 1881 

gTades. There was some personal feelings between tbeui. Mr. Clark 
at first promised to do it, but when the crisis came he declined to do so. 
I, as executive officer of the board, could only iollow the recommenda- 
tion of the engineer of the board to i)ave those two s(]uares, as people 
wanted to get to their houses, leaving the matter to be afterward deter- 
mined if Congress made an appropriation to go on with the work — 
leaving the matter to be done next year. That is the history of the 
case. 

Q. Xow, then, it is because since that the grade of First street east 
lias been cut down to the grade established by Congress, necessitating 
thereby the taking up of the wood pavements of these other streets ! — 
A. In two blocks. 

Q. In two blocks. That you charged to the United States? — A. It is a 
very small amount ; it would not amount to more than 815,000 or $20,000. 
It is in this bill, it is true. General ]5abcock here requests that all this 
work shall be re-measured before further settlement is made, and if it is 
not a just thing it will be thrown out. "NVe have ])ut it in as a part of the 
cost for carrying out the part of this improvement around the Capitol. 
It is a matter for the committee and Congress to determine. 

Q. I simply want to know how this account is made up against the 
Government, for that is a matter Avith reference to which we have to 
make a report. — A. It is a matter that would not amount to a great 
deal. The additional cost would probably be 8-0,000 on those two 
streets — ^just the doing of the work. 

Q. That work was done this last summer? — A. It was commenced 
about August. 

Q. Was there any special authority to do that, other than the general 
powers conferred ui)on the board ! — A. The general powers conferred 
upon the board, and the request of the Chairman of the Committee on 
Public Buildings and Grounds, that that work should be gone on with. 

Q. There is a provision of the act of the Sth of January, prohibitiug 
the board of public works from contracting any liabilities on the part 
of the United Siates ? 

The Witness. Was not that virtually repealed by this appropriation 
to complete improvements of streets and avenues now in progress op- 
posite and around Government property ? It is a matter for the lawyers 
to decide. 

(). My purpose in asking the question was to get your explanation. 

The Witness. I consulted ]\Ir. Gushing in regard to the matter, and 
our attorney, and they were of the opinion that it was a virtual repeal 
of the restriction. 

Q. That is the ground upon which the board 

The \ViTNESS. That is the ground upon which we acted. I got Gen- 
eral Gushing, before he went away, to give an opinion in writing in 
regard to the matter. It is printed in the answer. 

Q. I ask the question, because I lind in this act of the Sth of January 
a provision that " the said board of public works be, and they are hereby, 
prohibited from incurring or contracting any further liability on behalf 
of the United States in the improvement of streets, avenues, or reser- 
vations beyond the amount of apjjropriation ]>r('viously made by Con- 
gress, and from entering into any contiju^t touching sucii improvements 
on behalf of the United States, excei)t in pursuance of appropriations 
made by Cimgress,"' Now, had there been any appropriation made for 
this work .' — A. Yes, sir. This ap[)ro])riation here was made to com- 
plete improvements on streets and avenues now in progress, o[)posite 
and around Government property. 



1882 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. That is your explanation of tbat ? — A. That is my explanation of 
it. I may not be rig'lit, but that is the ground upon which we acted. 

My. AVilson. I simply want to get the ground upon which you acted, 
because that will enable us to present the matter to Congress. 

Q. Now, the next item of that statement in the report is for work on 
avenues— S 1,0.jG,574.3G. 

The Witness. The opinion I spoke of a little while ago of Mr. Gush- 
ing, I will state, is in the answer on pages 47G and 477. 

Q. The details of that item I have referred to are to be found on page 
32, an exhibit appended to the report, if I understand ' — A. Yes, sir ; 
that is it. 

Q. That is made up of work done by the District prior to the 
board ? — A. Yes, sir; and the different measurements given. 

Q. Measurement of March 14, 1873 ; measurement of March 20, 1873 ; 
measurement of March 14, 1873 ; and additional work. IS^ow, that work 
done by the District prior to the board, is that the same work for which 
the account was made out, to which I called your attention a little while 
ago, amounting to $891,000 ? — A. If you will hand me that paper, I will 
compare it with this. I do not recollect. There are so many of these 
things that I cannot recollect all the little details. These items seem to 
be the same, except three. 

Q. The diftereuce between these is very immaterial, is it? — A. This 
seems to embrace Xorth Capitol street and East Capitol street, which 
are not in the schedule. 

Q. Because they are not avenues? — A. They are not avenues, but 
they ought to be treated as avenues, because they are virtually such. 

Q. Aside from that? — A. Aside from that, Vermont avenue is put 
down at $35,000 in this table and $22,250 in this. North Capitol and 
East Capitol streets are virtually avenues. 1 supjiose the engineers 
treated them in that way. 

Q. Then the first column is the same, with the exceptions that you 
have named, as the account made out at the time the million-dol- 
lar appropriation bill was passed ? — A. Yes, sir. 

Q. Now, if you will take your answer, commencing at page 411 and 
ending on pages 415 and 416, I would like to call your attention to some 
items there. Is the voucher there given the one on which the one mil- 
lion dollar appropriation was drawn ? — A. Yes, sir. 

Q. What work is embraced in that voucher — is it work done by the 
board or by the old corporation "? — A. Both, I guess. 

Q. Can you tell how much work is done by the old corporation, and 
how much is done by the board? — A. I cannot; the vouchers will show 
what was done by the board, and the difference between that and this 
amount will give the amount done by the old corporation — the amount 
charged on account of what has been done. 

Q. When you were on the stand before, and your attention was called 
to the amount of grading on Louisiana avenue, you stated, I believe, 
that that grading was grading that had been done by the old board? — 
A. Yes, sir, by the old corporation. 

Q. And that continues through this? — A. Yes, sir. It continues 
throughout. I know in relation to Louisiana avenue, because I used to 
work as an apprentice there, when I was about fourteen or fifteen years 
old. I know grading has been done all along for the last twenty-five or 
thirty years ; the street has been graded down. 

Q. I will call your attention to the measurement of March 14, 1873 — 
second column on page 32. Say if the items in that column are not the 



TESTIMONY OF ALEXANDER E. SIIEniERD 1883 

same substantially as the items in this voucher, commeuciup,- on page 
411, to which 1 have just caUecl your attention. — A. You mean the total? 

Q. Yes; connnencing with Connecticut avenue. — A. Yes, sir; that is 
the same in both places. 

(J. Then take Executive avenue. 

3Ir. Bass. You will lind a recapituhition on page 410, which will be 
easier to follow. 

A. Executive avenue is not in this measurement of March 14. 

Q. That is only $3,070.91.— A. That avenue was not made until after 
it was incorporated in this measurement. It is the avenue down here, 
leading to the Botanical Garden. 

Q. Then (ieorgia avenue.— A. That is $3,712. That is the same. 

Q. Louisiana avenue. — A. 814,291.97. That is the same. 

Q. The next one is ^Massachusetts avenue. — A. 8182,943.55. There 
is a very slight difference there. 

Q. About a thousand dollars ? — A. Yes, sir. 

Q. Maine avenue. — A. That is the same. Executive avenue is there 
—it is the last— 83,070.91. 

Q. It is the same, is it ? — A. Yes, sir. 

Q. Then Maryland avenue.— A. Maryland avenue, $138,089.54. 

Q. New Ilampshire avenue. — A. $47,005.07. That is the same. 

Q. New Jersey avenue. — A. $38,226. That is the same. 

Q. North Carolina avenue.— A. 834,234.07. That is the same. 

(^ New York avenue.— A. $157,700.72. That is diHerent. $101,500. 
It is more in the tables than it is in the measurement. There is a dif- 
ference of about $5,000 there. 

Q. Pennsylvania avenue. — A. $140,743.43 There is a difl'erence there, 
but it is very slight. A difference of only a few hundred dollars. 

(,). Bhode Island avenue. — A. $25,758.33. That is the same. 

(}. wSouth Carolina avenue. — A. $9,481.33. That is the same. 

Q. Vermont avenue. — A. $20,993.47. That is the same. 

(->. Virginia avenue.— A. 872,899.83. That is the same. 

i}. Now, it appears from this that the first column shows the amount 
of work that tlie board of ])ublic works claim had been done by the 
old board prior to the District government, and the second column has 
all been paid, by this voucher to which I have referred, and the hrst col- 
umn is embraced in this voucher f — A. No, sir; you will find, I think, 
that certain credits have been made. 

Q. You will find the credits in the last column there to the right? — 
A. No, sir ; but certain credits made on each one of these particular 
avenues. 

Q. They are deducted before you get at these aggregates ? — A. V'es, 
sir. In order to arrive at a correct statement, it woidd require us to go 
to work and condense the whole amount of material. 

(^. You will see on the face of this that it would obviously appear, 
unless there was som<'thing exi)lanatory of it, that these two claims are 
mere duplicates of each other. — A. My impression is that, in making 
uj) this table, ]\Ir. Oertley took this second table here from these differ- 
ent measurements. 

i}. But still that would not exDlaiii it. .Air. Oertlev made u^) this 
table.'— A. I think he did. 

(}. But you see that would not explain it, for the reason that the first 
cohunn contains the work done bj'tlie old board, and tlie second column 
contains work done by the old board. — A. The secoiul column, as I 
understand it, contains some of both. 



1884 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Even putting" it in that way, it will not explain it, because you 
Lave aggregated tliese two columns together, and the three following- 
columns, and they make an aggregate of $2,284,736.38. Then you have 
deducted $1,228,102.02 from that, leaving 81,056,571.36, which, it is 
claimed by this table and report, the United States owes to the board 
of public worlis. Xow, if this is as it appears upon the face of this table, 
it is very obvious that the Government does not owe any such sum as that, 
and my purpose in putting these questions is to get an explanation of that. 
— A. I will suggest this : that there be a measurement ordered on all of 
these avenues ; that the old vouchers and the new vouchers be taken, and 
an account be stated. That would be the fairest way to get at it. 
Let an account be stated. The principle has been established by Con- 
gress in the last appropriation bill that they will pay on the avenues 
all that is not paid by private property-owners, and it will be a very 
easy matter to get at what is the exact amount there. 

The Witness. Of course I know nothing about it except as it is re- 
ported to me. 

Mr. Wilson. I know nothing about it except as I see it here. 

The AViTNESS. The questions are very proper oues, and I would sug- 
gest that a full statement of account be made of the material that has 
been put on the streets. 

Q. That lirst column, according to my footiug, aggregates $778,034, 
and this table would be inaccurate to that extent if the data that we have 
thus far is correct? — A. There would only be one way of getting at it 
properly, and that is to put the whole work in, and make up a statement 
of the whole work on each avenue as to what was done under the old 
corporation and what was done by the board of public works, and thus 
get at it definitely. 

Q. Is there anything now that has thus far been presented to the com- 
mittee that would enable the committee to determine as to what is the accu- 
rateamount that theGovernment should pay on account of these avenues? 
This table seems to have been made for the purpose of enabling Congress 
to get at the exact amount? — A. Yes, sir; and the table may be right, 
but I would not like to say anything in regard to that until I have gone 
through it, and I will have it all gone over and an account stated in 
regard to these avenues. . 

Q. This thing attracted my attention in looking at the tables, and I 
was unable to explain it, and therefore I desired to have an ex[)lanation 
from you. — A. It is very natural that you should want an explanation 
of it, because I cannot understand it. 

Q. I find here a measurement of March 26, 1873, amounting to about 
$180,000; have you any such measurement as that ? 

The Witness. I think that covers that appropriation of $188,000, 
doesn't it ? 

Q. What does that foot up to ? It does not seem to correspond. — A. 
No, sir ; not exactly ; but it occurs to me as the measurement upon 
which that $188,000 was based. 

Q. I cannot find any such measurement as that in your answer. 

The Witness. Any such measurement as which ? 

Q. As that of March 26, 1873. I cannot find any that either cor^ 
responds in date or amount. I inquired at the Treasury Department 
for all the vouchers, and I have not received any corresponding with 
that from there. — A. I will look into that. I do not know how it is. I 
do not know what kind of voucher that was paid. It was paid into the 
District government and not to the board of public works, and there- 
fore I suppose is not in this appropriation. I will have a statement 



TESTIMONY OF ALEXANDER R. .SIIErilERI). 1885 

made up in regard to this, and have a lull account i^rcpared, and see 
how it is. 

Q. This cohimn, '-additional work,'' wliat does that mean .' — A. That 
is work done during- 1873 — after March, I suppose. 

Q. But you have anotlier.iteni of oO(),0()() ochl dolhirs for work which 
has been done during the summer of 1873. — A. But that is around Clov- 
erument property, and this is on the avenue. This statement refers 
entirely to avenues, as I understand it. 

Q. Upon what data is that column made up ? — A. From vouchers of 
the board, I suppose. It must be. 

Q. At ])resent you are unable to give any further explanation iu re- 
gard to that table ? — A. I will have a full account stated of what was 
done by the old corporation and all that has been done, by the board of 
public works there, and then deduct what has been done, and it will 
give the amount that is due. 

Q. I don't know whether you were interrogated in regard to the next 
item of this account — the item of $2,540,081.83, which should be 
82,740,000, as I understand it — I don't know whether you were inter- 
rogated in regard to that yesterday. — A. Yes, sir; I was questioned by 
the chairman, and I made this general statement, that that would be 
the tax upon the Government property jirovided they pay as private 
property-owners do under this general sewerage-law. 

Q. That is to say, if adopting the general sewerage-act as the basis 
of taxation for main sewerage, if you were to tax the Government at 
the same rate, the tax would amount to that sum of money, and, there- 
fore, you put it in the form of indebtedness to the General Government 
for main sewerage ? — A. Yes, sir; making' it in that shape. 

Q. Do you know what this main sewerage cost ? — A. Well, it will 
cost about $3,000,000 and a little over, I guess. 

Q. A statement was brought to the committee a few daj's ago, show- 
ing that the main sewerage had cost, up to this time, $1,626,540.87. — 
A. That amount had been audited on that account up to this time. 

Q. Then you stated, in addition to that, in one of these tables, that 
to complete this sewerage it would require $1,056,565.87. — A. To com- 
plete the contracts now in force on account of the main sewerage. 

Q. Y'ou would put the whole amount at about $3,000,000 ? — A. I should 
say about three and a half millions of dollars. 

Q. The aggregate of the accounts audited, and the estimate made to 
con)plete the sewers which are under contract, would be $2,683,112.54? 
—A. About $2,700,000. 

Q. You do not think that more than that would be required to com- 
plete the sewerage-system. What do you embrace in that system in 
addition to what is now under contract? — A. There are a good many 
sewers that are not under contract — smaller sewers, brick sewers; some 
that I referred to east of the Capitol. 

Q. There are one or two to l)e built there? — A. And in other parts of 
the city, which would come under the caption of main sewers. The 
dames Creek Canal is to be finished. 

<,>. "Would tliey aggregate a million of dollars, do you thinlc, and these 
not embraced? — A. No, sir; I should tliink about 8500,00(>. 

(,). That would make it come to al)out $3,000,000 instead of $3,500,000 ? 
—A. From $3,000,000 to $3,500,000. 

Q. To complete the main sewerage-system ? — A. Yes, sir. 

Q. If you were to tax the Government as you contemplate, the Gov- 
ernment would i)ay ibr the entire main sewerage-system of the city. 
That would be the elfect of it? — A. Xo, sir. You must recollect that 



1886 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tlie city lias already paid — these citizens liave already paid — an aggre- 
gate of 81,000,000 for main sewerage, as I showed yesterday by the old 
corporation. 

Q. That would put it up to $4,000,000?— A. It would put it up to 
$4,500,000. My idea is that, with what has been paid by the old corpo- 
ration and the cost of completing the main sewerage of the city, it will 
run to $4,500,000, about. 

Q. Now^, in fixing up this matter of taxation, you embrace in that all 
the avenues — that is, in cutting out the amount of tax that you think 
the Government ought to pay on account of this main sewerage, you 
not only embrace the Government reservations where the public build- 
ings extend, &c., but you embrace in that the avenues of the city ? — A. 
Yes, sir. 

Q. What else ? — A. Avenues and streets. 

Q. In other Avords, you calculate the area of the Government grounds 
actually occupied by the Government, either for parks or for public 
buildings, and then you add to that the area of all the streets and ave- 
nues of the city ? — A. They are just as much Government property as 
the other. 

Q. That is a question we will have to decide upon, and I am simply 
trj^ing to get at what your theory of this thing is. You add the area of 
all these streets and avenues to this other property, and you tax that at 
the same rate that you tax private property for the sewerage purposes 
in these various districts, and from that you arrive at the amount of 
two million seven hundred and forty odd thousand dollars as what the 
Government should pay on account of main sewerage ? — A. Yes, sir. 

Q. That is the correct statement of it ! — A. Yes, sir. You must re- 
collect that the Government owns a good deal of property outside of the 
District. There is the Soldiers' Home and the Keform School, and all those 
things, that drain into this system of sewerage. I would suggest to you, 
also, that there are about 500 acres of land in this city in avenues, which 
were laid out because this was a capital city, which, if the city was 
simply a commercial city, would be sold and taken in and made to bear 
their proportion of the taxes. 

Q. That is a legal and equitable question that the committee will 
have to take into consideration. All I am seeking after now is to get a 
clear statement of the theory of the board of i)ublic works in regard to 
this, so that we can present it properly to the Senate and House of 
Eepresentatives . — A, Certainly. I am merely stating that to call at- 
tention to that fact, that the 500 acres of the area of this city is in ave- 
nues, such as they do not have in any other city, intersecting, bisecting, 
and cross-secting, and which would not be here if this were not a capital 
city. 

Q. Let us see what the i^ractical effect of this is going to be. There 
have already been issued under this sewerage bill $2,100,000 of sewer- 
certificates, as you call them, I believe ? — A, Yes, sir. 

Q. And those have been disposed of to contractors and employes of 
the government with the exception of between $500,000 or $600,000? — 
A. Yes, sir. 

Q. They have been used for the purpose of paying for the streets 
and for the construction of streets'? — A. No, sir; paying for the con- 
struction of sewers. 

Q. These sewer-certificates f — A. Yes, sir. 

Q. Exclusively? — A. Almost exclusively. You will find that the 
board of public works had advanced on account of main sewerage a 
very large sum of money when this law was passed, and we merely re- 



TESTIMONY OF ALEXANDER K. SHEPHERD. 1887 

imbnrsed the general fniul of the board troiu these sewer-certilieates ; 
so that virtually all these sewer-certilieates that have been paid out 
have been paid out on account of sewerage. 

Q. That is the practical effect of it. Those sewer-certificates that 
have been thus paid out to contractors and employes of the board have 
been hypothecated, as I understand you to say ' — A. Yes, sir. 

Q. To Avhat use has the nionej' been applied f — A. To paying the lia- 
abilities of the board. 

Q. What class of liabilities '? — A. The employes mostly ; some bills 
payable, and things of that kind. 

Q. Was any of the money derived from the hypothecation of these 
certificates used for the purpose of paying the hist January interest'? — 
A. ^'ot a dollar. 

Q. From what source was that money derived for paying the last Jan- 
uary interest ? — A. From the sinking-fund. It was money borrowed 
from the board by the siidving-fund commission through me. 

(}. Upon Avhat security was that money borrowed .' — A. It was bor- 
rowed on the sinking-fuiul baidc. When 1 say it was borrowed, I mean 
that I borrowed some $I30,()0(), about the 23d December, to make up 
the amount with the amount in hand derived from taxes — to make up 
the amount necessary to meet our interest. Probably 1 go a little too far 
when 1 say it was borrowed for this purpose. It was not. It was bor- 
rowed for the purpose of the sinking-fund commission, and put into 
the general fund of the commission ; but these coupons were paid by the 
sinking-fund commission out of their treasury. 

Q. ]^ow, before passing- from this sewer question, I desire to ask you 
a question or two in regard to this average that was charged to the 
Government on account of the sewers — not of the mainsewer system. 
That has been $4.70 ? — A. Yes, sir. 

Q. You have heard Mr. Oertley's statement as to how he arrived at 
that conclusion ? — A. Y^es, sir. 

Q. Xow, you make up your assessments after the street is completed? 
— A. Yes, sir. 

(}. When the street is completed it shows the whole amount of sew- 
ers that have been put down in that street? — A. Yes, sir. 

(}. All the grading, paving, curbing, foot-paveraeuts, and everything- 
of that kind — A. Yes, sir. 

Q. Then it would be an easy matter to ascertain from the records of 
the board exactly the kind of pipe — the cost of pipe and all that in con- 
nection with these sewers, would it not ? — A. It would if the work was 
done. 

Q. But, then, you don't make assessments on the street until the street 
is completed' — A. Ko, sir; and the probability is that a great many of 
these vouchers are made up ; that he established this average long before 
the work was finished, and while the w^ork was in process of completion. 
I supi)ose that is the way he came to make an average. I say this, that 
I don't think it was a proper thing to do to make that average. Still, 
if you will take the fact that the Government has not sufiered anything 
by it, that the amounts paid by the Government are less than the 
amount it cost the board of public works for those sewers, there is no 
harm done. 

(^>. Of course not. 

The Witness. I don't think it is the proper way to do business. 

Q. But that is the very question with reference to which we are likely 
to bo in the dark unless this thing is accurately made up, and for that 
reason I called upon yir. Oertly the other day to make us a statement. 



1888 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

KovT, by referring to the reports of tbe snperiuteutlent of property 
■which yon have in your board reports, I find that I may be error about 
it. I gave you a statement, because I want to direct your attention to 
it, for I regard it as a matter of importance. That there has been used 
of 12-inch pipe, 234,003 bnear feet ; of 15-inch pipe, 87,317 linear feet ; 
and of 18-inch pipe, 48,561 linear feet; and of 20, 21, 24, 30-inch pipe, 

all told, of those 3 ; aggregating them all together would only 

amount to 7,0G8 feet ? — A. Very little of it I know. 

Q. So much pipe-making a total of 377,042 linear feet. If that is cor- 
rect, it would indicate very strongly that Mr. Oertly has placed this 
average too high. — A. I have no doubt that he places it too high. 

Q. For that reason, I call your attention to it. I only get this from 
these reports. 

The Witness. I have uo doubt you are right, sir. I have no doubt 
that he placed the average too high. 

The committee here took a recess until 2 o'clock. 

On the committee re-assembling. Governor Shepherd's examination 
was continued, as follows : 

By Mr. Wilson : 

Question. In speaking of making assessments, if I have understood 
you and uuderstood the other witnesses correctly, the assessments are 
made after the street is completed 1 — Answer. In most instances ; yes, 
sir. 

Q. Have there been many instances in which that has not been 
done ? — A. Very few, I think. 

Q. In what way do you ascertain how much to assess against prop- 
erty where the street has not yet been completed ? — A. We merely 
assess what has been done. For instance, the carriage-way is done, 
and the footwalks are unfinished ; the carriage-way is assessed, and for 
the footwalks, when they are completed, another assessment is made. 

Q. Then, when you make the second assessment, do yon assess the 
whole length of the street again "? — A. We assess just the cost of what- 
ever it was when comi)leted. 

Q. For the whole length of the street ? — A. Just what the first assess- 
ment does not cover. 

Q. Suppose you were to make an assessment — the street is, by way 
of illustration, one-half completed, and you make an assessment — do you 
assess for the full length of the street? — A. O, uo, sir; merely assess 
where the work is done. 

Q. Then you would only assess the balance of the street, and the prop- 
erty that was opposite the work that w\as subsequently done ? — A. The 
only instance in which jiartial assessments have been made have been 
instances where the carriage-way was paved and the footwalks un- 
paved, and the season prevented the finishing of footwalks. An assess- 
ment is made for the carriage-way alone, and the bills rendered are in- 
tended to read for paving of carriage-way ; that assessment is made. 
Then, when the footwalks are completed, an additional assessment is 
made for the proportion of the footwalks chargeable to the private prop- 
erty. 

Q. Would you assess for the carriage-way, only the carriage-way 
completed, the full length of the street ? — A. Yes, sir ; between any given 
I)oints. The measurement, you know, only goes between those points, 
and the assessment is based upon the cost between those points. 

Q. Have you authority for making assessments before the street is 
completed ? — A. ^Vell, the street is completed. The carriage-way is a 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1889 

tiling to itself and the footwalk is a tliin*;- to itself. The ])r(H)er i)hm 
in regard to assessments is: the only way in which worlc should be done, 
would be to levy the assessment beforehand, so that the proceeds of the 
assessment would be coining; in to meet the e.\i)ense of the outlay. 

Q. But that was not dojie; that is not the policy that was pursued, 
was it ? — A. That was not done ; no, sir ; that is the reason that the 
board is behind now, in many matters ; one of the reasons. 

Q. AVheu we were ridiny about the city the other day, I noticed that 
^lassacliusetts avenue was uot yet completed beyond Senator Stewart's 
house. — A. It is completed all but two scpiares. 

Q. Is the carriao-e-way coni[)leted there '! — A. .No, sir. 

Q. Is the gi-adinj? c()mi)leted there? — A. The grading is completed ; 
yes, sir. 

Q. How long is it since it was completed ? — A. Well, it was about 
completed when we were there. 

Q. They have been working on it for some time past, have they not; 
up until quite recentl3" ' — A. Until quite recently : yes, sir. 

Q. Now, assessments have already been made ou ^Massachusetts 
avenue, have they not ? — A. I think not beyond the circle. 

Q. Looking jjt the report of 1873, 1 find that they have assessed the 
squares out to the end of the street. I see that squares 06 and 07 are 
embraced in the assessment of Massachusetts avenue. Look at the 
report, if you please, and 1 think you will find it so. It will be found 
at page 152. You notice squares 00 and 07 are embraced in that assess- 
ment ? — A. I observe it. 

Q. Sixty-six, 07, and 94 and 95, also, you will find them on the map 
which I hand to you. — A. (After examining the map.) Well, I suppose 
that the assessor made one assessment of the whole street, the bulk of 
the work being done. It has beeu done since I was vice-president of 
the board. 

Q. The grading, however, at the time that was done, had been done 
there? — A. Well, that is a question that 1 cannot answer. 

Q. Well, they have been grading there until (piite recently? — A. They 
have been grading at Twenty-second street, tilling Twenty-second street, 
making the grade of Twenty-second street to conform to Massachusetts 
avenue. 

Q. The carriage-pavement is uot laid there ? — A. It is not laid beyond 
the circle, do you mean ? 

Q. Is it ? — A. It is laid a j)art of the way beyond the circle. It is 
laid uj) to Twentieth street. There are two squares yet to be done. 

i). And the footways are not there ? — A. Xo, sir. 

(^>. How did they ascertain how to make an assessment upon Massa- 
<-husetts avenue until it was completed? — A, Well, it was very easy to 
ascertain ; all you have got to do is to measure the number of yards of 
]taving it would take to pave it, and the iiuml)er of yards of footwalks. 
You can tell exa(;tly what it would cost. They estimated it into the as- 
sessuxMit so as to make the assessnuMit i'or the whole line of the street. 

(). Do you know whether that has been done in this instance or 
not ? — A. I do not ; i presume it has, however. 

(). Who has that contract out there ? — A, That I cannot tell you. 

(}. Did you urix*^, upon the District legislature the passage of that 
sewer-bdl .' — A. I did. 

Q. Did you send to any of the members of the District legislature 
and personally intercede with them to get them to vote for this bill ? — 
A. I think I sjjoke to most of them ; yes, sir. 

Q. Did you make any promises to any of them in order to induce 
Hit D c T 



1890 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

them to Yote for tbe bill ? — A. I did not. Several of them wanted 
l^romises, but tbere were none made. 

Q. Senator Thurmau yesterday interrogated you in regard to tbe 
indebtedness of tbe city tbat bad been contracted. I find, in looking 
at your answer on page 404, tbe statement, " certificates issued in tbe 
prosecution of special improvements done under contracts, $12,294,094.47; 
and for special improvements outside of contracts, including material 
furuisbed, not included in measurements, 82,605,400.04; and on account 
of miscellaneous expenditures otber tban special improvements, and 
payable by special appropriation, $1,329,010.20 ; making a total of 
$10,275,400.13." Tben, turning to page 303, 1 tind tbat Mr. Lay, as au- 
ditor, gives tbe net cost of improvements under contract paid as t()l- 
lows: By certificates issued to contractors, $10,890,005.41 ; by property 
issued, $1,398,089.00; making a total of $12,294,094.47, tbe amount tbat 
I gave you at first. He tben states tbat tbere is due on account of un- 
settled and incomplete contracts $500,000; is tbat intended to represent 
the cost of all the contracts up to the date of this report 'I — A. I i)re- 
sume it is; yes, sir. 

Q. Tben, if 1 understand you, there has been paid out ou account of 
contracts something over $10,000,000; is tbat correct!. If it is not, I 
want to get tbe correct amount. — A. Tbe 404th page gives you a com- 
plete statement of it — total amount of certificates of settlement issued, 
$17,540,054.09, and the items are all given tbere. Then it gives for tbe 
following purposes — giving the details of them. 

Q. 1 have left out of my statement what you paid out on account 
of expenses and ])ay of employes, &c., and on account of water-fund — 
$370,077.05. Then the $17,540,054.09 show tbe cost of the improve- 
ments ? — A. No, sir; that shows other things. You will notice one item 
there on account of miscellaneous expenditures otber tban special im- 
provements, payable by a special appropriation. That includes build- 
ing market-houses, and things of tbat kind. 

Q. What I want to get at is your statement of the cost of these im- 
provements that have been made by tbe board of public works. — A. I 
think you will find tbat in that upper statement — tbe statement about 
the middle of tbe page — "total amount of expenditures on account of 
improvements, $15,052,085.25." That he gives as the total amount of 
expenditures on account of improvements. 

Q. I have the register of the auditor's certificates of the board of 
public works, Avhich gives the grand total of certificates issued at 
$18,172,999.02, if the footings are correct, and they are made by some 
of the clerks of the board. I take it for granted they are correct. — A. 
Up to what date is that ? 

Mr. Wilson. It is up to the 23d of Ai)ril, 1874. 

A. Tbis (the awards) is up to the 28tb of February, 1874. Mr. Lay is 
there ; he can probably' explain it to you. 

Mr. Wilson, (to Mr. Laj\) This is just the aggregate amount to that 
date ? — A. Yes, sir ; that is the aggregate amount up to tbat date. 

Mr. Wilson, (to Governor Shepherd.) Are you familiar with this 
record ? (referring to book.) — A. Well, I am familliar with it, inasmuch 
as I know what it is ; but I am not familiar with the details of it. 

Q. Does this record contain any certificates otber than those that 
were issued on account of improvements ! — A. That, as I understand 
it, contains all the certificates issued by the board of public works since 
the date of its organization. 

Q. What does the auditor of the board of public works issue certifi- 
cates for ! — A. For work done under tbe board of public works. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1891 

Q. For anytliiiig- else ? — A. I think not. 

Q. That M oukl .show, then, that there have been certificates issfietl np 
to this date, on aeconnt of work done by the board of public works, of 
over $18,000,000 ?— A. That is the statement. 

Q. That seems to be what this shows, ^ow, what amount of appro- 
priations have been made in all on account of improvements ? — A. I 
can have you a statement made up. 1 cannot tell you just at this mo- 
ment. 

Q. In the first place, you had an appropriation of 8-")00,000, had you 
not ? — A. Yes, sir. Fiist, you can put down the S4:,000,000 loan. The 
8240,000 in bonds was in anticipation of the $1,000,000 loan, and taken 
out of it, and was a part of it, \irtually. 

Q. What was that made for '! — A- To make good the deficiency in the 
$4,000,000 loan in money. 

Q. r.ut that onlv made the $4,000,000 still ?— A. It only made $4,- 
000,000 in money— $4,240,000 of apjiropriation. 

Q. Ves ; but you had only $4,000,000 of money '? — A. It was an appro- 
priation of $4,000,000 absolutely, but the bonds did not bring that. 

Q. Exactly ; and then afterward you made it up to $4,000,000 by the 
$240,000 appropriation? — A. Yes, sir; but it was an appropriation of 
$4,000,000. If you are going to treat it as an appropriation, you will 
have to treat it in that way. 

Mr. Stanton. In money resources to the board, the two laws together 
made up $4,000,000. ' . 

By ]Mr. Wilson : 

Q. Exactly ; that is what I want to get at. There was first an appro- 
priation of $4,000,000?— A. Y'es, sir. 

Q. But that $4,000,000 was put in the shape of bonds negotiated at 
discount, and there was subsequently an appropriation of $240,000, iu 
order to make up that deficiency? — A. \^es, sir; to make it up in 
money. 

Q. 8o that yon really liad, in money, an api>ropriation of $4,000,000, 
although you had the two appropriations, one of $4,000,000, and the 
other of $240,000 ?— A. Y\'s, sir. 

Q. What other appropriations were there ? — A. An appropriation of 
$.">(iO,000 to re-imburse the board for certain outlays. 

Mr. Stanton, (to^[r. Wilson.) 1 think you will probably find some of 
these ai)propriations on page 428 of the testimony, the answer filed to 
the second and succeeding charges up to the 12th. That ought to be re- 
duced, however, by the ai)pro]niatiou of $240,000, or whatever it was; 
it went in to make up the $4,000,000. 

]Mr. Wilson. I will get at that point. 

(^. (To the witness.) Have there been any other api)ropriations made 
than are stated on i)ages 428 and 420 of the evidence that has been 
taken in this case? — A. No, sir; it aggregates $l(],;iGl,428.78. 

C^. You have treated all that as appn)i»riations? — A. Yes, sii-. 

]\Ir. Wilson. I would like to see that sewer-tax law — Iheact of June 
20, 187;3. 

The Witness. It is here, sir. 

(). Do you find anything in that law making an approi)iiation to the 
board of jMiblic works '. — A. I find an act creating drainage ami sewer- 
age sections in the cities of Washington and Georgetown and the District 
of Columlfia, and providing for the paynu'ut of the construction of sew- 
ers and drains therein by assessments, and issuing certificates therefor. 

Q. But is there any ai)propriatiou to the board of public works in 



1892 AFFAIKS IN THE DISTRICT OF COLUMBIA. 

that act, of which you are aware ?— A. Well, I should certainly regard 
it as an appropriation. 

Q. You have treated it as an appropriation ? — A. Section seven says 
that the board of public works are authorized to issue certificates of 
indebtedness, &c. ; it provides how they shall be issued and registered 
to an amount not exceeding in all the sum of $2,120,000. 

Q. That you regard as an appropriation act f — A. I treated it as a 
resource of the board. Yes, sir, an appropriation. 

Q. All of these amounts that have been provided for by act of Con- 
gress, amounting to 13,522,940.18, you have also treated as appropria- 
tions ? — A. Yes, sir. 

Q. xVnd acted on them as though they were ? — A. Section 9 of the 
sewerage act says that the money arising from the assessment author- 
ized by this act shall be received and collected by the board of public 
works, or one of its officers, and full and separate accounts of collec- 
tions from each section kept by them, and the proceeds to be used in the 
payment of the cost of the construction and completion of the respective 
sewers authorized by this act. 

Q. Here is an amount received from commissioners of the sinking- 
fund, 1317,321.21; was that an appropriation? — A. That was an appro- 
priation by the a(;t of June 20, 1872, authorizing the commissioners of 
the sinking-fund to pay any obligations on account of the late corpora- 
tions of Washington and Georgetown. It was a legitimate appropria- 
tion, I should think. 

Q. Then you have added assessments on private property, as shown 
by the statements of the auditor of the board of public works ? — A. 
That is an appropriation. It is fixed in the organic act that the board 
of public works shall assess that proportion, and in the $1,000,000 act 
it is also stated. It is considered as an appropriation, I think. 

Mr. Stanton. If you will let me call attention to the aggregate on 
page 429, it says, showing total appropriations and assessments. 

Mr. Wilson. Yes, I noticed that ; I was simply identifying this, be- 
cause it is a matter for subsequent consideration by the committee. 

The Witness. I have here the contract in regard to Massachusetts 
avenue. It is a contract between Oweu O'Hare, Henry Himber, Will- 
iam H. Groot, and the board of public works, between P-street circle 
and Boundary street, northwest, the 5th day of July last. 

Q. Had not the assessment on that street been made prior to the 5th 
of July last? — A. I hardly think so. 

Q. They appear in the report of the board. — A. I can find out ex- 
actly in regard to that. I can give you the exact date that assessment 
was made. 

Q. Have you ever taken advice of counsel in regard to whether you 
could properly regard these as appro{)riations, and treat them as such 
in making contracts ? — A. Do you mean the assessments ? 

Q. No, no; these matters that I have been calling your attention to 
in connection with appropriations. For example, here is a million of 
dollars appropriated by Congress to reimburse the old corporation or 

the old board — re-imburse the city of AVashiugtou A. Yes, sir ; to 

be expended under the board. 

Q. You treated that as an appropriation ? — A. There is no doubt of 
that. I think the debate in the Senate on it will bear out what 1 say 
in regard to it. They treated it so. 

Q. Have you taken advice of counsel as to whether or not you had 
the right to treat all these as appropriations ? — A. Well, we have, in all 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1893 

our reports to Congress and tlic legislative assembly, treated them as 
approjiriations ; we never had jt questioned at all. 

Q. You will remember that the organic act provides iliat you shall 
make no contracts in advance of appropriations, or in excess of ap- 
propriations ? — A. No, sir. 

(^>. Is not that the provision of the act? — A. No, sir. It says except 
in ])ursuance of ap[)roi)riations made, and after the ap[)ropriation shall 
have been made. 

Q. Well, I do not remember the exact phraseology. — A. "The said 
l^oard of public works shall have no i)0\ver to luake contracts to bind the 
said District for the payment of any suius of money, ex(;ept in ])ursuance 
of appro[)riations made by law, and not until such appropriations shall 
have been luade." 

Q. ^'ery well. Do you construe that to mean that you have a right to 
make contracts in excess of appro[)riations ? — A. Well, 1 do not construe 
it at all ; I simply sa.v that all that we have done has been in pursuance 
of appropriations made by law. 

Q. The point that I want to get at is, whether you have made con- 
tracts in excess of appropriations made by law. — A. We have not made 
contracts in excess of appropriations made by law. The work that we 
have done has exceeded the api)ropriati()ns, but the contracts made 
have not been in excess of the appropriations. 

i). Then you have been doing the work without contracts '? — A. Well, 
we do a good deal of work without contracts, of course. Our employes 
are all without a contract. 

Q. But I am speaking about street improvements. — A. I say that the 
amount of improvements made — the contracts for improvements made — 
have not exceeded the amount of the appropriation. 

i}. Yes, but if I un«lerst()od you, the work that you have done has ? — 
A. Taking all the outside work, which comi)rehends a great many de- 
tails not included in improvements, and not coming outside of that 
clause. 

Q. Eegarding this as a matter of some importance, sir, I called your 
attention to it. You have been taking a bond from parties for the keep- 
ing in rei»air of streets that have been constructed ? — A. Yes, sir. 

Q. Has it ever occurred to you that if you have made any contracts 
in excess of and in advan(;e of a])propriations, tliose contracts might be 
illegal, and therefore your bonds utterly worthless, and that you could 
not enforce them ? — A. Well, I am not law\ er eiu)ugh to go into a dis- 
cussion with you on that subject. 

(). I simply asked you whether that nevei- has occurred to you. I 
desire to know whether you have taken the advice of counsel ? — A. 
Every bond that has been given — every contract that has been made — 
has been done through our attorney — thrcmgh the District attorney, 
and lias received his sanction; ever}- bond that has been given to every 
contract. 

ii. Has that point been suggested? — A. That I cannot tell; it is his 
busiiM'ss to look out for that. 

i}. Have you ever contemplated bringing any suits on these bonds, 
and been deterred from doing so by reason of this very (|uestion ? — A. 
Never, sir; we have in most instances held enough in our liaiids to have 
the butt end oj" the whip. 

(}. You protected yourselves in that respect by holding bnck ? — A. 
We took eveiy precaution, sir, both as regards bonds and holding back 
enough to nnike us good. 



1894 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have you held back in any case excepting these Evans cases? — 
A. We hekl back in a good many cases. ^ 

Q. And projected the board and the Government? — A. I think the 
District has been thoroughly protected, or will be; that has been our 
intention. 

Q. From what source has the board derived its authority or its power 
to make contracts for raising houses? You remember that when Mr. 
Strong was on the stand he said something about contracts for raising 
houses, and it has been stated to the committee that there were some 
Chicago parties here raising houses. — A. There was an appropriation 
made by the legislative assembly for that purpose. Here is the act, 
approved June 25, 1873, providing for raising and underpinning houses, 
$150,000; raising and underpinning Georgetown market-house, $24,- 
984.83. 

Q. This seems to be an act making appropriations for reimbursing 
the board of public works of the District of Columbia for the money 
expended by them for the erection and repair of pumps, cleaning and 
repair of streets, raising and underpinning of houses and market-houses. 
Had these houses and market-houses been raised by the board of public 
works prior to the passage of this act? — A. Only a few of them; the 
work was in progress at the time. 

Q. Now, what I desire to know is, where the board procured its au- 
thority to engage in such contracts. — A. Well, it was a matter of dis- 
cretion ; the board had to exercise discretion. It would not have done 
to have buried people by a change of grade twelve or fifteen feet under 
ground without making some provision to protect their property and 
life, and the board exercised that discretion by raising their houses; 
the matter was laid before the legislature, and they made an appro- 
priation. 

Q. Was there a statement or report of any kind made to the legisla- 
ture on the subject ? — A. Yes, sir. 

Q. Can that be procured ? — A. I think it can. 

Q. I would be glad if you would furnish that to the committee. — A. 
I will do so, sir. 

Q. When you raised and underpinned houses, having made these con- 
tracts for that purpose, were there assessments made against the prop- 
erty ? — A. No, sir ; it went in lieu of damages which would have had 
to have been paid to the property for changing grades. The raising of 
the houses and the underpinning of them settled the account. 

Q. Had you been advised that the District would be liable for the 
damages that were incident to a change of the grade of the street ? — A. 
In what way ? 

Q. Had your attorney rendered any such opinion as that ? — A. I am 
not certain on that. 

Q. Do you know whether the question was ever submitted to your 
attorney for an opinion on that subject ? — A. M}^ impression is that it 
was. ' 

Q. Who was the attorney to whom it was submitted ? — A. If it was 
submitted at all, it was submitted to Mr. Cook, attorney of the District. 

Q. How were those contracts for raising houses let, by advertising 
for bids? — A. I think that proposals were invited from two or three dif- 
ferent cities — persons who make that a business. The lowest bid was 
that of Coughlin and somebody in Chicago. It was referred to Mr. 
MuUett, who was then engineer of the board, and he recommended that 
the work be awarded to these persons, and most of that work was done 



TESTIMONY OF ALEXANDER E. SHEPHERD. 1895 

by them. ^Iv. Collins did a little of it in the neighborhood of L street, 
but he was not familiar with the work, and was not very successful at it. 

Q. Did Strong do any of it'i — A. He did some underpinning. 

Q. Did you enter into these contracts with these Chicago parties for 
this purpose ? — A. Yes, sir. 

Q. That contract was in advance of this a])propriation for that pur- 
l)ose? — A. Yes. 

Q. I understood you to say, when you were on the stand before, that 
you had made purchases of considerable amounts of material without 
inviting i)roposals .' — A. ^yell, wo in\'ited proposals in almost every 
instance. 

Q. Were those contracts in writing ? — A. The offers were all in writ- 
ing, and the acceptances of the proposals. That is the same way iu 
which most of the supi)lies arc 1)ought by the Government. Where 
they do not advertise, tliey get proposals from different parties, and 
give it to the lowest bidder; send them orders for the purpose. 

Q. How was the tlagging bought ? — A. The llagging was bought, I 
think, from jiroposals made by the board. 

Q. But did the board make any proposals for bids? — A. Advertise. 

Q. Yes. — A. I think not. I think we asked for i)roposals from two 
or tliree parties, if my memory serves me right — two or three parties 
dealing in flagging. 

Q. To whom did you make application for proposals t — A. One firm 
of Van Brunt «S: Co., 1 think, in New York ; i\Ir. John O. Evans, and 
some other company, the name of which E forget. 

Q. Were your proposals made to i)ersous who had quarries and were 
sui>plying that kind of material '! — A. Yes, sir. 

(}. John (). Evans has no such quarry, has he ? — A. John O. Evans 
was dealing quite largely in work of that kind. Do you refer to the 
canal — the work on the mall ? 

Q. I am speaking of the flagging that has been used about the city 
generally. That Ifagging has generally been i)laced around Govern- 
ment property, has it not? — A. Yes, sir; in most instances. 

Q. IIow much was bought from John O. E\ans ? — A. That I cannot 
say. 

Q. Will your records show ? — A. Yes, sir; the auditors accounts will 
show it. 

Q. Will it show the rate at which it was purchased? — A. Yes, sir; 
show everything connected with it. 

Q. Do you recollect the rate at which it was iiurchased from John O. 
Evans? — A. I do not know; 1 think in the neigliborhood of 30 cents for 
street-flagging. 

Q. Did John O. Evans furnish the flagging that he laid down on B 
street north? — A. Yes, sir; I think he diil. 

i}. He furnished that himself? — A. 1 think so. 

Q. Did you ever examine that flagging ? — A. Yes, sir ; I had seen that 
flagging. 

Q. Is that anything but quarry-faced flagging, with occasionally a 
knot knocked off" of it? — A. It is good stout flagging. There is no 
dressing or finish about it, or anyHiing of that kiiul. 

Q. What is the price of such flagging as that ? What can it b(^ pur- 
chased at ? — A. I should think at about 30 or 40 cents. 

Q. l^id you see the ]»rice-list we had here the other day ! — A. I saw 
a \)rice-list iMr. Vem«'yer had ; some one hande<l it to me one day, and I 
showed it to somltody. 1 do not know where it is now. 

Q. Have you examined the price-list ? — A. 1 have not. The prices 



1896 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

paid Mr. Evans are about the same price that has been paid by the Gov- 
ernment here for the hist five, six, or seven years. 

Mr. Wilson. I shoukl dislike to take the prices — the Government 
rates— as a criterion by which I should want to inake purchases. — A. In 
regard to thi;; flagging-, Mr. Cluss fixed prices there. I knew very little 
of it at the time, because I referred the matter to him as an expert in 
such things. I do not think I ever bought two feet of flagging. 

Q. What I want to know is, whether the board took any means to 
get the lowest bid for flagging, or whether they confined their proi)osals 
for bids to two or three parties? — A. I do not think there are over two 
or three parties in the country who deal largely in flagging at first hand. 
To illustrate here, in regard to work on the canal. The way in which 
Mr. Evans came to have this work, was simply this : Congress adjourned 
the 4th of March, and I was very anxious to have the canal filied and 
that improvement carried out. The appropriation was not available 
until July. I said to him, "If you will do this work, raise the money 
and go on and till the canal, and lay this pavement and flagging, I wiil 
give you the order for that purpose.'' He did raise one hundred and 
fifty or two hundred thousand dollars, and had the work well under 
way by July. If we had waited until July, we would not have been able 
to finish it. 

Q. Just in that connection, lest I should forget it— he laid this Bel- 
gian-stone pavement there, didn't he f — A. Yes, sir. 

Q. At what rate per yard ?— A. I think it is $3.50. 

Q. Does that carry any grading with it t — A. Yes, sir ; carried a great 
deal of grading with it there. 

Q. Does that class of ])avement provide that the party who puts it 
down shall do two feet of grading where necessary? — A. That I am not 
certain about, but 1 think he did two feet of grading there. 

Q. My impression is — I may be in error — that that kind of pavement 
does not require two feet of grading. If I am iii error, I shall be glad 
to be corrected. 

Witness. Suppose, Mr. Johnson, you get that contract for work 
done on the Mall between Twelfth and Thirteenth streets. 

Q. In looking over your answer, I see it purjjorts to contain the cost 
of the improvements that have been made by the board of public 
works. That is in reference to the question put to you by the commit- 
tee at the Outset. I do not find in that report any statement of the 
cost of boxes — tree-boxes and tree-planting ? — A. The cost of tree-boxes 
and tree-planting was fixed by the parking commission at $6. Mr. 
Smith gave the details in regard to that the other day. In that matter, 
and the several matters of that kind, the board was governed by the 
representations of these men, because they had had a great deal of ex- 
perience in regard to that. 

Q. That I understand ; but'your statement of the cost of these im- 
provements does not embrace tree-boxes and tree-planting, so far as I 
have been able to discover. Now, do you know what the cost is ? 

The Witness. Of tree-boxes and tree-planting ? 

Q. Yes. — A. The tree-boxes cost all the way from 90 cents 

Q. I understand that it is $6 a tree; that is your figures on it ? — A. 
Yes, sir. 

Q. What is the actual cost and the aggregate amount of the whole 
thing ? — A. I can tell to a dollar. 

Q. I am simply referring to it with a view of getting at the 
exact cost all of these improv'ements, because that is to be added to it, 
unless it is embraced in your report ; I think it is not embraced there ; 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1897 

at least I have not been able to liiid it. — A. 1 can tell to a dollar what 
it cost. The tree-boxes were i)urchased and andited ; the trees were 
purchased and andited, and the time spent in planting' them was andited 
in pay-rolls, and all went into the account, and now it can be silted out, 
and let you know exactly what the trees cost. 

Q. It will be necessary to do that in order to know what the improve- 
jneut cost. — A. Yes, sir; I will have it done. 

Q. Now, in that connection, Mr. Smith, the other day, in nudvini;" out 
the amount of the aggregate cost of each tree, spoke of the paving- 
about the tree, and he put it at sixty cents. Is there any paving put 
down around the trees, other thau simply to put or set the brick on 
edge again f — A. A great deal. In digging up, they have to go along 
the street, and take the brick from around the trees. In removing the 
brick, the^- fre(iuently loosen the pavenuMit for two or three feet around 
the tree, aiul, a rain coming on, in many instances the bricks are washed 
out. 

Q. They replaced them ?^A. Yes, sir. 

Q. 1 understand your statement about that; now, what becomes of 
the brick that are taken out t — A. They are hauled to the property-yard, 
and stored there, and issued for other work. 

Q. Then, how do the property-holders get credit for these brick? — A. 
It hardly pays for hanUng tliem. Still, as a nuitter of discipline, we 
haul them to the yard aiul store them away. After you have hauled them 
away and stored them, &c., it amounts to abont the cost of the brick. 

Q That don't advantage the property-holders any? — A. It would be 
a very dittlcult matter. It would only be a matter of a few cents, if 
anything at all. 

Q. That is a clean gain as far as it goes ? — A. I do not think there is 
much gain. 

Q. That is the way it is done ? — A. Y^es, sir; right or wrong, that is 
the way it is done. 

(>). Does your a(;count show the amounts jiaid to Dufour »S: Co, for 
iron railing? — A. The auditor's account shows. 

Q. IJnt I am speaking of your answer. — A. No, sir; that does not 
show, except in his account. It shows in the gross. 

Q. I was getting at your statement in regard to the cost of the im- 
provements, in answer to the question of the committee. — A. It is in 
the gross. It is in the auditors report. 

(). But it is not in vour answer? — A. I gave his report as mv answer. 
That is all. 

By Mr. Stanton : 
(}. It is incorporated as part of yonr answer ? — A. Certainly. 
By Mr. Wilson : 

Q. To get that we have to go to the auditor's report ? — A. Yes, sir; 
the vouchers are all here. 

Q. ^Vas there any contract with this firm for iron railing ? — A. They 
.submitted projjo.sals, and they were accepted, npon the recommendation 
of Mr. Class. 

Q. Were there any proposals for bids foi' iron railing ? — A. Yes, sir, 
there have been a great many proitosals for bids. 

Q. Where <loes this firm do bnsiness ? — A. Jn Baltimore. The firm in 
rhiladclphia famished more than Dufour ^S: Co. 

Q. What firm is that ?— A. Wiekersham. 

(}. Did yon have written contracts with these parties? — A. We had 
written agreements with them. I do not think they were reduced to 



1898 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

contracts. I do not know about that. It was a matter left with the 
eniLjineer. 

Q- Do yon know to whom the principal part of this $1,240,000 appro- 
priation was paid ? — A. I cannot tell you. Colonel Magriider has got 
all the facts in regard to it. A considerable portion of it was paid to 
the banks, who had made large advances and permitted overdrafts. 

Q. Do yon know whether Governor Cooke's bank had purchased a 
good many certificates ? — A.. I don't think that they purchased many 
of them. I do not think Jay Cooke would allow it. He had other use 
for his money. 

Q. Well, the First National bank •? — A. I think the same applies to 
that. I think all the money lying around loose here was sent to Phil- 
adelphia. 

Q. How about the Freedman's bank ? — A. Freedman's bank, I think, 
advanced to the contractors quite largely. 

Q. AVere Jay Cooke and the First National Bank paid out of that 
$1,240,000 ?— A. They were paid their overdrafts. 

Q. Were they not paid such certificates as they had in their hands ? — 
A. I think not. I think they hold a lot now that they held then. 

[The contract was here handed to jVIr. Wilson by the clerk.] 

Q. I think you will have to go to the prices established by the board 
to ascertain in regard to that grading in connection with this Belgian 
pavement. I do not see anything in regard to grading here. — A. They 
did the grading. 

By Mr. Wilson: 

Q. The point is whether they did the two feet of grading ? — A. I think 
they did. I know on Twelfth and Fourteenth streets they did fully 
two feet. A reference back to the board-prices, as shown in evidence, 
would probably settle that question. 

Mr. Wilson. Here is a question suggested to me that I will ask you 
before I pass further. What amount of auditors' certificates are with- 
held by you as security or otherwise for work done and not inckKled in 
the $18,000,000 on the*^ books f— A. That the auditor will have to state. 
In one instance, the Evans contract, I think some $60,000 or $70,000 
was withheld. The auditor can give that information. 

Q. You were interrogated yesterday in regard to filling the canal. 
Did you let any contract to any person to fill the canal ? — A. I think 
that we hauled a good deal of dirt into the canal. I cannot answer that 
question, whether we let any contracts for filling the canal or not. We 
paid for dirt put there, and used it as a dumping-ground for our streets. 

Q. The dirt that was put there was taken out of the streets and 
avenues, was it not? — Yes, sir ; mostly out of the streets — very little 
out of the avenues, except Massachusetts avenue. 

Q. There was a good deal taken out of thatf When you hauled it 
out of the streets and avenues, it was charged to the streets and avenues, 
I presume ? — A. The grading was charged. 

Q. And the haul also ? — A. Yes, sir. ii 

Q. Then, how did it happen that the contractors were paid for the ij 

earth in the canal I — A. The contractors were not paid for any work 
done in that way. 

Q. How were they paid ? — A. Only in digging cellars, or anything of 
that kind, they had surplus earth to deposit. We paid them so much a 
load — I think 10 cents a load for what they put there. 

Mr. Wilson. Have you those vouchers convenient, Mr. Barr ? 

Q. There must have been other earth than that that came out of 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1899 

cellars ? — A. O. a oreat deal ; liaidly any, I think, was paid for except 
that, other tiian wliat we paid for grading the streets. 

Q. In looking over the vonchers yesterday that were given me by 
the clerk, I saw some (jnite large vonchers. — A. It may be. 

Q. I find in ^Ir. Magrnders report some large amounts of money paid 
to different parties lor tilling the canal. — A. Well, it may be. 

The Chaibman. O, yes; several amounts paid to Albert Gleason. 

Mr. W1L8ON. Gleason got a large amount of money. 

The Ciiaikiman. lie got $25,000, I remember, at one time? 

The Witness. For lilling the canal ? 

The CiiAiKMAN. Yes, sir ; so marked. 

The Witness. That was hauled out of the streets. 

^Ir. Wilson. Exactly; but I wanted to know how he would get paid 
for it twice ? — A. He did not get paid for it twice, you can rest assured 
of that. 

By INIr. Wilson: 

Q. If he hauled it out of the street he got paid for it tliere"? — A. The 
District might have been paid for it twice, but he did not, I will ven- 
ture to say that. 

(}. That is just what I want to find out. 

Mr. Magbuder. Was that not divided between the street and the 
canal ? 

The Witness I think that is so. 

Mr. Bass. You will tind several along here, (lianding witness report 
of 1873.) — A. If that was the case, it was not charged to the street; just 
charged to the tilling of th6 canal. 

Q. Do not the vouchers show where it was hauled from ? 

Mr. Wilson, (examining voucher:) 1 want to see. I see one voucher 
here for sGO,000— $25,000 of it for filling the canal ; $20,000 of it for F 
street; First street north, from Sixth to Ninth street, $20,000; Seventh, 
street west, E to G street north, $15,000. — A. Tiiat was the way. It 
was divideil up between filling of the canal and the street. 

31 r. Wilson. It seems to me a little complicated, and 1 will let that 
go by until we can look at it. That is Albert Gleason, (referring to 
another voucher,) for $."35,000 — $28,000 of which is filling the canal. 
These vouchers are quite complicated. 1 will pass by them until we can 
have an op|)ortunity to look at them. 

(}. This tiagging about the Botanical Garden, I presuine, came from the 
ratent-Ofhce and Post-Ollice, on the west side ? — A. Some of it did, and* 
some was furnished by the board. 

Q. You were asked yesterday, by Mr. Mattingly or by the chairman, 
the question propounded l>y Mr. JMattingly in regard to the city-hall ap- 
])ropriation of $75,000. Now, I would be glad to have ycni state to the 
committee all tlie facts in relation to the ])r()('urement and the use of 
that $75,000. — A. 1 know nothing about the i)rocurement. 

Q. It was procured under Goxernor ('oolve\s administration, I be- 
lieve ? — A. Yes, sir; it was procured, and the money was in bank 
to the credit of the District ; credited to the treasurer of the board of 
l»ul)lic woiks. I thiidc the matter was biought betbre the board, 
as tiie money would not be used during the last season, ami would lay 
in bank ail the winter. The questi(»n with us was whether it would not 
be better to invest a i)art of it — $70,000 of it — in the securities of the 
District, and Ma them away for that purpose, and use the money for the 
purposes of the board. That was finally done by unanimous vote, and the 
bonds wliich were bought were sealed np and placed as a special de- 



1900 AFFAIRS IN THE. DISTRICT OF COLUMBIA. 

posit in the bank. I think the envelope was indorsed and sealed by the 
treasurer of the board. 

Q. That money, then, has really been converted into sewer-bonds by 
the board ? — A. A part of it, $70,000, was invested in sewer-bonds. 

Q. What has been done with the other $5,000? — A. Lying in bank. 

Q. Do you know whether Mi\ Magruder at one time had overdrawn 
his account to the amount of $23,000, and about the time the bank-ex- 
aminer was going, into that bank that fund was checked upon for the 
purpose of making good his account ? — A. I do not think he checked on 
it at all, until the niatter was consummated by a vote of the board. 

Q. AVas it not in fact used in that way for the purpose of making 
good Mr. ]\ragiuder's account ? — A. No, sir. I know it was done by a 
full vote of the bonrd, and the money put to his general account. 

i). But the point 1 want to get at is, whether the board or Colonel 
Magruder had not used that money or a very considerable portion of it 
before that vote of the board ? — A. I have no doubt he had overdrawn; 
that is a chronic condition. 

Q. But had he not used that money or a considerable portion of it, 

making ? — A. He had not used any of that money whatever. That 

was a special deposit, and was not touched in any way except by vote of 
the board. 

Q. When the board did make that order, did he not use the money 
for the purpose of making good his account? — A. He transferred it to 
his account. I have no doubt it was overdrawn and applied in that way, 
for the banks held on to everything they got then. 

Q. Was not the action of the l)oard prompte<l by the necessity of 
making good this account — this bank-account? — A. No, sir; I do not 
think it was. 

Q. Do you know that the bank had been advised that there would be 
a bank-examiuer in there looking after their affairs, and that thereupon 
Mr. Magruder was advised that he must make that overdraft good? — A. 
Well, now, I reall}' do not know whether the bank-examiuer came in be- 
fore or after. 

Q. There was a bank examiner mixed n\) with that thing ? — A. Yes, 
sir ; he was there. 

Q. He was mixed up with the use of this money in some way or 
other? — A. No, sir; I do not think that he was mixed up with the use 
of this money. 

• Q. In other words, his presence, or anticipated presence, in 
looking into the affairs of that bank, was the occasion of mak- 
ing the u^e of this $75,000? — A. No, sir; I do not think that. 
I do not think it had any effect at all on the board. If they had 
not supposed it was a judicious thing to do, it would not have been 
done, l)ecause the tact of the business is, that the accounts of the board 
of public works were overdrawn very often at the different banks. It 
is no new thing with them. It would not have baeu an exceptional 
thing if the bank-examiner had found the account overdrawn. He had 
probably found it very often so belbre. 

Q. Do you know whether the Comptroller of the Currency had given 
this bank-examiner special instructions to go and look into the affairs of 
this bank ? — A. I think he sent him over there; 1 don't know about any 
special instructions he gave him. 

Q. You think that this bank-examiner had nothing to do, or his pres- 
ence had nothing to do, with the use of this money ? — A. I really do not 
think it had. It would not, as far as I am concerned. 

Q. Will some one refer m(? to the board-prices for curbing. I want to 



TESTIMONY OF ALEXANDER R. SHEIULERD. 1901 

ask the governor a question or two about that. [Mr. Johnson, secretary 
of the board, does as reciuested.] — The first lot of curbing tiiat was ad- 
vertised for, you will hndonthe record, part of it was paid for by ]Mr. 
Samuel Strong, which he didn't <lelivcr, and turned over to Lockwood 
cK: Co. After that the board bought it in open nnirket wherever they 
could buy it best and cheapest. 

Q. Can you from memory state the prices for furnishing, setting, and 
curbing ? — A. It is about 81.30. 

Q. Curb set? — A. There are different kiuds of curbing. 
Q. AVhat kind of curbing did you chielly use ; what thickness .' — A. 
Five-inch mostly, some O-iuch ; 0-inch cost $1.45 set, and 5-inch $1.30. 

Q. llow was it with circular? — A. The circular curb I don't kuow 
about. 

Q. 1 would be glad to have you refresh your recollection in regard 
to this matter, and see if the 5-incli — the board-price — was 05 cents for 
furnishing and 25 for setting :' — A. That was it, I guess. 

Q. For six-inch 81.12 for furnishing and 30 cents for setting; total, 
$1.42 ?_A. That is it, sir. 

Q. "What kind of circular did you use — five or six inch ? — A. A good 
])ortion of our circular — of these long radii — was cut out of six-inch; 
cut down to five. 

Q. Was the circular 81.75 for furnishing? — A. Yes, sir; for the cor- 
ners, I think. 

if. And 30 cents for the setting'? — A. Yes, sir. 
Q. That would make $2.05 ?— A. I think so. 
Q. Y'et 1 see the Government is charged 82.50 ? — A. Where ? 
Q. In a good many places through these reports; for instance, take P- 
street circle. That is got to be historical ground now. — A. 1 suppose 
the fact of the business was that some of that curb cost 81.75, which 
was furnished by a man named Wescott; but that which was furnished 
here we had cut to suit the different radii from, and must have cost us 
fully 82.50. 

(}. lint your board-prices were 82.05. Now, this curbing is already 
dressed when it comes here, is it not? — A. Some of it is and some of it 
is not. 

(^. Was not that dressed when it came here ? — A. A good deal of it 
was, and some not. » 

(). The dressing, then, was embraced in the 82.05 or the $1.42 or 
the 81.20, as the case might be ? — A. In most cases. 

Q. Then, I call attention to that because I understand these to be the 
board-rates, and I find this curbing is charged — the circular — to the 
(lovernment at 82.05, and it is charged in excess of these prices that 
I have luimed here, which you say are the board-prices ; charged to the 
(lovernment at rates in excess of these prices? — A. I sup[tose there 
was som(; reason for it if it was done. 
Mr. Wilson. 1 see it has been done. ^ 

The \ViTNESS. Have you a memorandum of the cases? 
Mv. Wilson. I have not now. 

The Witness. If you will lurnish it to me, if I can give an exi>laiia- 
tion of it, I will. 

;Mr. Wilson. I'robably some of these parties who are looking over 
these books will find it. I have it not just at haud now. 

By the Chairman: 
(}. P-street circle is so charged? — A. I*-street circle I know was cut 
out of six-inch curb. I gave the order for it to be done. 



1902 AFFAIRS IN THE 'district OF COLUMBIA. 

By Mr. Stanton: 
Q. Which curb do you refer to? — A. I mean the curb around the 
circle itself. 

By Mr. Wilson : 

Q. I think you must be mistaken. — A. Xo; I stood by and saw it 
done. 

Q. You do not mean it was a circular curb? — A. I mean it was a six- 
inch straight curb cut down to five inches to tit that circle. There was 
very little taken off of each curb. It w^as cut — I know it was cut. I 
jjave the order and stood by and saw the greater i)art of the work done. 
There was great delay in cutting that curb and setting it, and 1 wanted 
the street done at once. It was G-inch straight curb, cut down to 5-inch, 
so as to give the curve — to fit the radius. 

Q. Do you mean to say each piece is curved ? — A. I mean to say that 
each piece of that curb is cut and fitted to that circle out of six-inch 
curb. 

Q. In other words, you take a piece of curb that is six inches thick 
and you trimmed it so that it made it circular in form? — A. It gave it 
the proper curve for that circle. 

Q. It required to be dressed down to five inches in order to give it 
that curvature ? — A. It is about five-inch curb now. 

Q. I think you must be mistaken about that. — A. iSTo; I had consid- 
erable difliculty, I remember, in regard to that circle, and it has im- 
pressed itself for that reason very strongly on my mind. 

Q. I think the curb you are referring to must be the circular curb 
around the outside. — A. No, sir: the curb around that circle. 

Mr. Wilson. There will be a great difference of opinion between three 
orfour members of the committee and yourself, if all were called upon 
to swear. 

The Witness. I cannot help that. 

Mr. Wilson. Because we happened to be out there one day and 
looked at that thing particularly. 

The Witness. I can produce the man who cut it — the man who cut 
that curb there. 

By Mr. Wilson : 

Q. I would be glad if you would have somebody look at it. — A. I 
have looked at it myself. I gave the order for it to be done. I had it 
hauled there. 

Q. But human memory is such a frail thing. — A. I know what I say, 
because I had trouble on that spot. 

Q. You asked me for some instances. The chairman hands me some 
cases on page 428. I will call attention to 21 linear feet of circular 
curbing, at $2.50. That is one item. 

Mr. Merrick. There are about a dozen of them. 

Q. And then 1,535 linear feet of circular curbing, at $2.50. 

The Witness. Where is that I 

Mr. Wilson. That is at P-street circle. 

Q. And then I see the next item, 18 linear feet, at $2.50. Then I see 
172 linear feet of circular curbing, at $2,50. 

Mr. Merrick. You will find four or five pages consecutively. 

Mr. Wilson. Every one of them that I put my eye upon there is 
charged at $2.50 to the Government. 

Mr. Merrick. Yes ; there are four or five on each page. 

Mr. Stewart. Was there any straight curb ? 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1903 

Mr. Wilson. No ; that is cbarged at $1.50, while the board price is 
$1.20 and 81.41*. 

Mr. Stewart. You can very easily tell liow iiincli is chaTf>ed as 
straight and how much is charged as circular around P-street circle*? 

Mr. Wilson. It is 1,535 feet. 

Mr. Stewart. That includes the whole of it. 

Mr. Wilson. That is, circular. Then the straight curbing at P-street 
circle is charged at 81.50, and 1 think you will tiud uniformity through 
the vouchers that the charge against the Government for straight curb 
is at 81.50 and the other 8-.50. 

The Witness. The fact of the business is, the 6iuch curb cost the 
board a little over 81.50. If you add the 5 per cent, for contingencies 
to 81.42, that would make the 81.51 or 81.52 as the actual cost. Now, 
in regard to these short curbs of which you speak, I have no doubt 
they cost the board fully $2.50. There were a great many irregular 
curbs, which had to be cut to lit special places, and 1 think the vouchers 
will demonstrate that they cost the board 82.50. 

Q. JJid you use any granite curb ? — A. Yes, sir. 

Q. The board-price is the same for bluestone curbing ? — A. It cost 
about the same. 

Q. The board-prices were exactly the same, were they not '? — A. I 
think they were. 

Mr. Christy. On the subject of granite curbing, I find a charge 
on Fourteenth street west, from H street to N north, $3. It is for 
granite curbing and setting. It is one of the tabular statements of the 
report of 1872. 

The Witness, (after examining the report.) That is granite circular 
curb and setting. That is at the corner opposite the circle. That is 
what it cost. It was cut by ]Mr. Emery. I gave the order for that my- 
self. It is an irregular curve. 

By Mr. W^ilson : 
Q. I should like to have a statement of the whole amount of flagging' 
purchased, the ])ersons from whom purchased, and the pi'ices paid. — A. 
Y'^ou shall have it. Here is a voucher, for instance : 

1672, June 17. 
TiiK I!oAi;u OF Pui'.Lic Works, 

To M. G. E.mi;i!Y &, Bi:o., Dr. 

For 9') feet of circular grauite curb, C bj- 20 inches, ordered of R. Phillips, 

chief eugiueer, at $2 1 .$190 00 

Ihiul to Oay and Green streets, Georgetown 18 00 



208 00 



The vouchers run through in that way. 

(}. Did you state yesterda>', or at any time during your examination, 
what amount of wood iiavements had Ijccn hii<l since the 15th of May, 
1872 ? — A. Our report states it for 1873. 

(^. The Avhole amount laid .' — A. Yes, sir. 

Q. It states the whole anu)unt laid ; but is there any mode of ascer- 
taining how you estimate them since the 15th of May, 1872 ! — A. Yes, 
sir; by deducting the amount in the former report from this. The 
greater ([uantity of it was laid since the 15th of May, 1872. 

Q. The reason I ask the fjuestion is this: on the 15th of ^lay, 1872, 
it ai)pears a report was made by some persons who were designated — 
whose names I do not now remember 

The Witness. An advisory board. 



1904 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. To look into this matter of wood pavements? — A. Yes, sir. 

Q. They made a recommeiidatiou a<iainst the further use of that class 
of pavement ? — A. They recommended the concrete instead. 

Q. They recommended the use of this to be discontinued unless there 
was some special reason why it should be coutinued "? — A. They recom- 
mended concrete in preference. 

Q. Where is that report ? — A. It is part of my answer. 

Mr. Stanton. It is in the testiuiony also. 

The Witness. The fact is simply this : the people would not have as- 
phalt, and would insist upon having the wood pavement put down. They 
thought that the asphalt pavement was a mere experiment, and they 
were not willing to run the risk of having it. They wanted treated- 
wood pavement, and the board gave it to them. 

Q. In accordance with their wishes, you put it down ? — A. Yes, sir. 

Q. Was that done on petition of the citizens ? — A. In almost every 
instance it was done at the request of citizens, either on their verbal 
or written petition. 

Q. I have here referred to me that report, and it contains this para- 
graph : 

And that wood pavement be laid only where existing contracts or some other ex- 
ceptional reason demand them. 

The Witness. That was the exceptional reason : the people would 
not have the asphalt. 

Q. The reason of your action was that the people desired to have the 
wooden pavement? — A. Yes, sir. There was a verj' bitter prejudice 
against asphalt pavement, and it is only beginning to wear away. The 
people thought that it would grind up. When this pavement was laid 
in front of the Arlington, I know that there was a most intense feeling 
in regard to it. It was claimed all around that it would grind up. 

Q. How long has it been since the board had money with which to 
carry on tliese improvements ? — A. The board was tolerably easy until 
last September, at the time of the fiuaneial crash. I had negotiated 
these sewer-bonds at 92J in the city of New York, conditioned upon an 
opinion as to the legality of the law — the opinion of Messrs. Cushing and 
Black. That opinion I got and mailed to them the day before the crash, 
and that was the last I heard of the negotiation. 

Q, They didn't touch it, of course ? — A. Everything went to pieces. 

Q. The contractors — some of them — have been testifying that they 
have not been having any money for a long while. For instance, I will 
cite Mr. Bartlett, who has a heavy sewer-contract. Some of them have 
said that they have not had any monej'^ since along about the time the 
appropriation was made in January, 1873. — A. I don't think the facts 
will bear that out. 

Q. How long after that appropriation was made was it that it was en- 
tirely exhausted ? 

The Witness. Which appropriation ? 

Q. That $1,24:0,000 api)ropriation ?— A. It was exhausted within a 
week, I guess. The board did not keep it at all. They paid it right out. 

Q, On what the board was already owing? — A. Yes, sir. 

Q. Then you had those other appropriations to which I have re- 
ferred ? — A, Yes, sir. 

Q. How long did they last ? — A. Paid them right out. 

Q. Just as soon as they were procured ? — A. Yes, sir. 

Q. So that the board was already in debt to the extent of these 
appropriations at the time they were made, and they were not avail- 
able for any future work ? — A. You must recollect this : We had got 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1905 

$2,000,000 of these assessinent-certificntes authorized by the legis- 
hitive asjseniblj, and a h)t of bonds wliich were j»iven the board to re- 
imburse tliein for expenditures which we used in ])a.vin!i- out to our 
contractors. We did not sell them. Th I)istri(;t <lid not lose any dis- 
count on them. We paiil them out to the ccnitractors. 

Q. You were driven, then, to the exi)edientof usiiii; that kind of 
paper in order to satisfy your '! — A. I never considered it an expe- 
dient at all. 1 considered it a good security ; one wliich was a proper 
tender for work done. 

Q. It was a mere security and not money, as a matter of course? — 
A. It was not money any more than the United States bonds are 
money. Still, a United States bond would be a good tender, or any 
other good bond. 

Q. It was. in effect, the board going in debt for the work they were 
doing * — A. No, sir; it was nun-ely anticipating what was due the board, 
and making it available. It was due on account of assessments on the 
work that we had done. 

Q. How long did these assessments run ? — A. Why, a large portion of 
them — the work had been in progress on these for two years. 

Q. How long a time did the property-holders have in which to pay 
their assessments ' — A. Five years. 

Q. Then that was simply an obligation? — A. No, sir; ])ayable in in- 
stallments — ^i-egular coui)on certificates, bearing 8 percent, interest, and 
considered first-clas ssecurities, and they are even now, notwithstanding 
this investigation, selling at 80 and 82 cents on the dollar. 

Q. And that only ai)plies to the one-third of the cost of the improve- 
ments ? The balance comes from the District taxes and such appropri- 
ations as they get from Congress? — A. Yes, sir. We received that ap- 
propriation in March. We had available nearly $3,000,000 of assets in 
the shape of these assessment-certificates — the bonds which were issued 
to make up the $4,00i),000-loan and to reimburse us for expenditures — 
which we used, ami which kept us moderately easy until Se])tember — 
until these bonds were printed and the viiegotiations had been made. 
Uad it not been for the crash coming on, we should not have felt any 
trouble, i)n)bably, until November or December. We would have got 
along quietly until December. 

Q. That paper was the means you had of getting along with these 
improvements and i)ayiug for them ; and, outside of that, you had noth- 
ing except the ordinary collection of taxes ? — A. That is all. 

(^. Now, when were the pavements i)ut down in this northwestern 
part of the city — out in this region where it is said that the real-estate 
pool has been operating? — A. I think (Jonnecticut-avenue pavement 
was one of the first i)avetnents started. 

Q. There has been a great deal of i)aving done out there in that re- 
gion ? — A. Not more than anj^where else. Our idea was to run on a 
line 

Q. 1 am not saying that there hasbecMi any discrimination. 1 am not 
assuming anything of that kind. — A. Of course not. I simply wanted to 
ex[dain. The i<lea of the board was to take a line at a mark, say N 
street and P street, and. south of that over to B street on the Island, 
anfl i»ave it and sewer it thoroughly, so tiiat the heart of the city would 
l)e tiinshed up. The board worked upon that idea all the way through. 
Now, in regard to the opening of Coniu'cticut avenue and Massachusetts 
avenue, I will say that those avenues are the main thoroughfares 
from the city to Georgetown. In days gone by it was ahnost inj- 
possible to get to Georgetown over that old bridge. The building 
120 DOT 



1906 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

of this P-streot bridge was started by the old corporation, but changed 
radi(;ally by the board. It was raised up 15 feet, and the approaches 
were made to it. This opened up the travel from the northern part 
of the city to Georgetown, and by way of Connecticnt av^enne. Paving 
the streets which cross those avenues rendered the paving of the ave- 
nues necessary. It was part of the general plan. 

Q. Out beyond Massachusetts avenue it is very sparsely inhabited? — 
A. There are no streets paved except P street across. 

Q. North of Massachusetts avenue ? — A. P street is the oidy street 
nortli of that that is paved, and that is paved because it runs directly 
across the circle. 

Q. Is not Fifteenth street paved from the Boundary to S street ? — A. 
No, sir ; Sixteenth street is paved all the way out — Seventh, Ninth, 
Fourteenth, and Sixteenth streets. 

Q. But is not Fifteenth street paved with wooden pavement from 
Boundary street to S, and then is not there an intervening gap ? — A. 
No, sir; the pavement stops at Massachusetts avenue on Fifteenth 
street. 

Q. Is not there a wooden pavement close to Boundary street? — A. Not 
on Fifteenth street ; there is on Sixteenth street. 

Q. All the way out to the Boundary ? — A. Yes, sir. 

Q. Is it paved all the way to its connection with the avenue ! — A. To 
Lafayette Square, where it stops, 

Q. Is not there a street there paved from Boundary street down 
some four, five, or six squaies, and intervening a space of three or four 
squares, say from S down to P? — A. I think not. I am mistaken. It 
is from Boundary to S street. It was done after I left the board, sir. 

The Witness. Judge Wilson, here are a number of these bills for 
circular curbs, if you desire to see them. Two dollars and seventy-five 
cents the board paid in some instances ; $2.50 will not pay us for the 
circular curb. 

The Witness stated he was informed that he was mistaken about 
Fifteenth street. 

Q. That was my remembrance; we stopped right there in the street. — 
A. You are right, sir. 

Q. There is no pavement laid along Boundary street? — A. None at all, 
sir. 

Q. No pavements running east and west across these above P street ? 
— A. There is on S and T street, and E, I think, is in process of improve- 
ment. 

Q. When ^vas that pavement laid on Fifteenth street, between 
Boundary aud S? — A. Indeed, I do not know; I did not know that it 
had been laid. 

Q. What was the necessity of putting down that expensive i)avement 
out in that locality, where so few people seemed to be living ? — A. 
Well, on Fourteenth street aud Sixteenth street I think it was a very 
necessary improvement. 

Q. Those streets run out to Boundary ? — A. They run out into the 
country, yes, sir ; and Fifteenth street, I suppose, has been paved to 
connect with Fourteenth street. Those squares are pretty well built up 
there on E, S, T, and Q. There are blocks of houses on each one of 
those streets between Tenth and Fifteenth, and I suppose Fifteenth 
street was paved to make that connection. 

Q. Is there any of this pool-real- estate on Fifteenth street ? — A. None 
that I know of, sir. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1907 

Q. Who owns the real estate there for two or three blocks from 
Boundary down this way on Fifteenth street? — A. Indeed, I do not 
know ; I have not an idea. 

Q. Do yon know who k^t ont the contract for paving- Fifteoith street 
from Bonn(hiry down to IS ? — A. Indee*!, 1 <h) not know. 

Q. Do yon know who did the work ?— A. I do not. 

Q. Wlio took the oravel from (> street; O street was a gravel street, 
was it not .' — A. Well, it is like most streets, a mixture of gravel and 
dirt. 

Q. It had been a gravel street, had it not? — A. It may have been; I 
do not recollect specially. 

Q. Do you know whether Major Vanderburgh took the gravel from 
that street and hauled it oft, and used it in the construction of other 
streets in connection with a pavement? — A. Indeed, I do not know. 
When was that done ? 

Q. I think it was done some tinve this last summer, but I am not 
posted about the dates. — A. I did not know it had been done at all. 

Q. There has been no pavement laid on O street, as I understand ? — 
A. I think O street is in course of improvement. I notice it is cut up. 

Q. You never notic(^d where gravel was taken to from that street? — 
A. I did not. 

Q. Do you know who has the contract for the improving of O 
street ? — A. I do not. 

Q. If there was any contract let for that, when was it done — was it 
done since you ceased to be vice-i)resident of the board? — A. Indeed, I 
cannot recollect. It may have been done before I lett. 1 could not pos- 
sibly tell you without examining my record. 

Q. Some one of the witnesses a few days ago spoke about Massachu- 
setts avenue, stating that Senators Ba^\"ard and Edmunds did not pay 
any assessments, but that their assessments were remitted to them on 
ac(;ount of damages to their proi)erty. Do you know anything about 
that ? — A. There was some settleuient made with them ; Colonel Ma- 
gruder is familiar with it. I do not know exactly what the details were. 
They submitted some claim for damages. I forget what it was. He 
settled the matter with them. [ concurred in it at the time, but I do 
not remember what the details of it were. 

Q. There was pretty ex[)ensive work done in front of their i»roperty ? 
— A. Yes, sir ; it was very costly work. 

Q. There was costly work done just along in that vicinity in front 
of otlier persons' property ? — A. That was the oidy property that was 
improved ; that is, with an improvement. There are four or tive very 
fine houses there. There are two houses that will have to be fixed up 
by the board; either droi)i>ed down or underpinned, or something done 
with them. It was a cut that was made after mature deliberation, and 
against the protest of Mr. Edmunds and Mr. Bayard. They wanted 
the street parked in the center and tlu^ lnuiip kept there. Tiie board, 
after examining the tiling thorougiily, came to tin; conclusion to cut it 
down, and thereby incurred the displeasure of these two geullemen ; 
still, we dill what we thought was right. 

Q. Did you make any other settlenu-ut with any other i>ropeity-hold- 
ers along there ? — A. I do not know. I do not kuow whether any others 
have ai)i)lied. There was something done forjudge W.xlie, who owned 
some ])ro]>erty there. There was some concession made with him. I 
am not familiar what it was at this moment. 

Q. Do you know whether the board moved a house for Judge Wylie? 
— A. I tliink thev did. I think that oas it. 



1908 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. How was the cost of moving that house settled with him ? — A. I 
sii])pose the board paid it. 

Q. Did they make any assessment against his property, or was he 
released from assessment? — A. Well, they may have paid it with the 
assessment : I do not know. 

Q. His property was right there in the same locality ? — A. Yes, sir : 
it was on the same square. 

The Chairman here requested the witness to have prepared and 
present to the committee a statement of the floating debt of the 
District. 

The committee then adjourned to ten o'clock a. m., on Monday 
morning. 



Washington, D. C, May 9, 1874. 
Testimony taken before the chairman on the part of the Senate and 
House of Kepresentatives. 

Matthew McNamara sworn and examined. 

By the Chairman : 

Question. Did you work for William H. Adams, a contractor ! — 
Answer. Yes, sir. 

Q. How long ? — A. I worked from the 8th of September, 1872, to the 
26th of January last, I think. 

Q. Does Adams owe you any money ? — A. Yes, sir. 

Q. How much! — A. One hundred and sixty-five dollars and seventeen 
cents. That is what he allowed me on his pay-roll, but he owed me 
more than that ; but as I expected to get that amount I did not say 
anything about it. I thought I would rather lose the dilference than 
go'without the money. 

Q. Now, tell us what you know about Adams taking Government prop- 
oicy for his own use. — A. I have seen him take bricks oft' of B street, 
along the Smithsonian grounds — off the sidewalks — and use them in other 
places. 

Q. Where did he use them "? — A. The drivers took them away. They 
nere bringing them to F street at that time. 

By Mr. Wilson : 

Q. Whereabouts on F street ? — A. I caimot say. I never worked on 
F street. I know that he was working on F stieet at the time — F street 
southwest. 

Q. Whit were they using the brick down there for, as you under- 
stood it '? — A. They were using it on sidewalks. 

Q. Between what streets, on B street, did they take up those bricks? — 
A. It was between Seventh and Ninth streets. 

Q. B street north or south ? — A. B street south. 

Q. How^ many of those bricks did they take up and cart away ? — A. 
Well, in my time they had taken about, as near as I could judge, ten 
or twelve thousand. I was called away from that job to another one. 

Q. What were put down in place of those bricks? — A. Nothing at 
that time. They were grading the sidewalk, and lowering it to the 
new grade of pavement. We had taken the bricks up and piled them 
on one side along the fence. . 

Q. Then they were hauled away? — A. Yes, sir; they were taken 
waay. 



TESTIMONY OF DANIEL CLANCY. 1909 

By the Chairman : 

Q. Were they j;oo(l brick ? — A. Very good brick. 

Q. Do you kuow how long they were down there ? — A. I couUl not 
say. They have been down there not very h)nj>-. There was very little 
travel on that street, and they were very little worn. 

(}. Whose teams hauled them away ? — A. Tliey were working- for 
Mr. Adams. 

By Mr. Hodnett : 

Q. What did Mr. Adams tell yon, when you were laying the bricks, 
about anyone coming around and asking you where the bricks were going ? 
Did he tell you not to tell anybody where they, the bricks, were sent to ? — 
A. One day we had worked unfcil some six or ten minutes before six, just 
a short time before quitting time, and we had loaded two or three carts, 
when a gentleman came around and iii((uire(l of me where those bricks 
were going. I answered him that F did not know. The next day Wil- 
liam H. Adams came around, and I told him that a gentleman was there 
the night before and inquired of me where those bricks were going. He 
asked me what 1 said, and I told liim that I had said that I did not 
know. He said, "That is right; you must be careful when you are 
loading those bricks." 

Q. What did Mr. Adams do when the superintendent was there look- 
ing over the bricks? Did he ever take him into a store to drink while 
the bricks were being loaded? — A. He had watchmen there on the 
brick, and when the carts would come down to take the brick aAvay 
these parties used to be taken into a saloon, and while they were getting 
their drink the carts were being loaded. Of course we were working- 
men, and had to conii)ly with their wishes or else be discharged. 

Q. Who was the superintendent there f — A. Mr. Whittemore. 

Q. Was he Adams's superintendent or the board's superintendent ? — 
A. The board's superintendent; but E believe he pretended to be doing 
a little for both sides. 

Q. He was officially appointed by the board ! — A. Yes, sir ; he was 
inspector of works. 

By Mr, Wilson: 

Q. What was Whittemore's business, before he went on there as su- 
peiintendent ? — A. I did not know him; he had some carts working on 
tin* streets for Adams. He seemed to ha;Ve charge ot Adams's men, 
besides superintending the men. 

Q. Do you know of any other Government property or i)rivate prop- 
erty that was taken or hauled away in this manner? — A. Xo, sir; I do 
not. 

Daniel Clancy sworn and examine(L 

By the Chairman : 

Question. Did you work for William H. Adams? — Answer. I worked 
on the siiine street that he was working on — B street, southwest — last 
July. ] saw him have his horses and carts hauling bricks away aiul 
taking them, down to F street, southwest, and [cittiug them on the j»ave- 
ment on one side of the street. 

Q. Hauling tliem fronj B street an(^ laying them down on F street!' — 
A. Yes, sir. 

Q. Between what streets, do you remember ? — A. i'retty near the 
whole street. I do not remeuiber the streets. 1 set the curb near the 
Smithsonian crrouuds. 



1910 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

By Mr. Wilson : 

Q. Do you know tbat it was the same brick that went away from B 
street between Seventh and Xiuth tluit was hiid in F street? — A. Yes, 
sir ; the same brick. They took it from B street between Seventh and 
Fourteenth. 

Q. Did they take the whole of it ? — A. The fjreatest part. He took 
some up to the upper part of the city. I do not know where. 

Q. What kind of brick were these? — A. Good pavement-bricks. 

Q. What do you think they were worth a thousand ? — A. Twelve or 
thirteen dollars. He hauled some to the Thirteenth-street sewer — Thir- 
teenth street, northwest. The brick were put on the sewer there, and they 
must have been good brick if they were fit for the arch of the sewer. 

Q. These brick were taken from the pavement ? — A. Yes, sir ; right 
opposite the Agricultural grounds. 

Q. Put in the sewer ? — ^A. Yes, sir. 

By Mr. Hodnett : 

Q. On what street is that sewer situated! — A. Thirteenth street, north- 
west. Mr. Almond is a paver on D street, and he knows all about it- 
1 have sent for him. 

Q. He knows the character of the brick ? — A. Yes, sir. 

Q. Does he know that Adams hauled it away ? — A. Yes, sir; he laid 
some of them down on F street after they were hauled down there. 

Q. He knows that they came from B street and that they were laid 
on F street ? — A. Yes, sir \ he laid them. 

Q. Did you do the curbing on B street ? — A. Yes, sir. 

Q. Did you work as a subcontractor i — A. No, sir^ I wo^rked by the 
day for Adams, subcontractor. 

Q. Does Adams owe you any money ? — A. Yes, sir. 

Q. How much ? — A. Seventy-two and some odd dollars, 

Q. Do you know of any other property l)eing taken or used in this, 
way — either Government property or private property'^ — A. No, sir. 

Q. Who superintended the board of public works on that street! — A. 
Mr. Whittemore. 

Q. What was his business before he went there? — A. I do not know 
what his business was, but he was employed by the board. 

Q. Did he have any carts ? — A. He had some carts there working for 
Adams. His son %vas time-keeper for Adams. 

Q. Did you lay any of the bricks ? — A. Yes, sir ; I laid some iu the 
F-street sewer. 

Q. Those were Government brick ! — A. Yes. sir. 

By Mr.- Hodnett : • 
Q. Did Adams ever approach you when you were loading those brick 
and tell you to be cautious and not tell anybody about it ? — A. No, sir: 
1 did not see Adams around when I was loading them. 

By the Chairman : 

Q. How long did this go on ? — A. He was hauling them from the 10th 
of July until October, different parts of the time. 

Q. How many carts would be hauling ? — A. Sometimes eight or nine. 
There were watchmen there, as I understood ; Government watchmen. 

(}. You saw the bricks taken up on B street, from Seventh to Four- 
teenth ? — A. Yes, sir. 

Q. Can you give an idea of how many bricks were taken up! — A. I 
cannot ; Mi". Almond can give you an idea. 



TESTIMONY OF ROBERT BUNN. 1911 

By "Sir. IlODNETT: 
Q, Who took the Govern inont watchmen that were watchiiij;- this 
property away and treated them to a drink while the brick were loading! 
— A. Ciiarles Adams, brother of William II. Adams, as I understood. 
While these bricks would be loading he would take them into a tavern; 
whether they draidc anything or not I do not know. 

RoBEKT BuNN sworu and examined. 

By the CiiAimiAN: 

Question. Did you Avork for William II. Adams? — Answer. Yes, sir. 

Q. Wlun-e? — A. I Avorked for him a good deal these last two years. 

Q. On city contracts f — A. Yes, sir; I worked on the F-street sewer 
out to the branch ; Twenty-tifth street ; B street, and pretty much wherever 
lie has been working. 

Q. Do you know anything about taking up bricks away from B 
street? — A. Yes, sir; I saw some taken away from B street. 

Q. Where were they sent to ? — A. 1 believe they went down to F 
street, and others went down to Thirteenth street and Twentieth street. 

Q. I>o you know of any bricks taken from B street and i)ut into a 
Rewer ? — A. Yes, sir; I believe there were some that went into a sewer. 

Q. Was this good brick ? — A. Yes, sir ; it was first-class brick. In- 
spectors would rather iiave them than the new ones. 

Q. It was tirst-class [)aveinent-brick ? — A. Yes, sir. 

Q. Taken from B street south ? — A. Yes, sir. 

By Mr. Wilson : 
Q. Between what streets? — A. They were taken all the way u[) from- 
Sixth street to Thirteenth street. They used to take them, put them 
into a cart, and take them away. 

By Mr. HoDNETT: 

Q. What position did you hold under Mr. Adams ! — A. I was a brick- 
layer. 

Q. Did not you act as superintendeut sometimes? — A. Yes, sir; a 
little. 

By the Chairman : 
Q. ^Vhere did you lay brick for him " Did you lay brick on the F- 
street sewer? — A. l^o, sir; that was paving down there. 

By Mr. Wilson: 

Q. What bricklaying did you do for Mr. Adams ? — A. Sewers aud 
man-holes. That was all he had to do in the city. 

Q. What sewer did you work on tor him? — A. On the Thirteenth- 
street sewer. 

Q. Did these brick come dow n fr(un B street to the Thirteenth-street 
sewer ? — A. Yes, sir. 

Q. Di<l you lay any of these brick yourself in the sewer ? — A. Yes, 
sir. 

Q. How do you know they came IVoiii 15 street ? — A. No nu)re than 
what was said — what the nuMi said that were haidiiig them. 

Q. They were not new brick ? — A. No, sir. 

Q. \\'er(' they paving-brick ? — A. Yes, sir. 

Q. Is Adams indebted to you at i)rescnt ? — A. Yes, sir. 

Q. IJow much ? — A. Two hundred dollars, 



1912 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Hodnett : 

Q. Did you ever go with the comiiiittee to see Heury WiUard, vice- 
president of the board of public works ? — A. Yes, sir. 

Q. What did Willard say to you at that time ? — A. I did not see Mr. 
Willard myself. 

Q. You went with the committee*? — A. Yes, sir. The meu went in, 
and I understood that he said that the boar.l did not owe Adams a 
dollar. 

Q. Who was superintendent at that time? — A. Superintendent on B 
street ? 

Q. \"es, sir. — A. A man b}^ the name of Whittemore. 

Q. Did you ever have any conversation with Mr. Whittemore! — A. 
Not about these bricks. 

Q. Did Mr. Adams know where the bricks came from ? — A. I don't 
know whether he did or did not. 

Q. Did he ever say anything to you about the bricks'? — A. No, sir. 

Q. Were you acquainted with any of tlie Government watchmen *? — 
A. Yes, sir ; I saw them. I tliinlc one nian had but one arm. 

Q. Do you know what his name was"? — A. No, sir; I do not. 

By Mr. Wilson : 
Q. Do you know that W^hittemore had a sou down there? — A. Yes, sir. 
Q. What was his position 1 — A. He was time-keeper for him. 

By Mr. Hodnett: 

Q. Who acted as superintendent for Adams ? — A. Bob Ray. 

Q. Did he know about taking the brick ? — A. He was around there 
;ill tlie time. 

Q. Had Adams a brother employed there ? — A. He had two brothers. 

Q. What were their names?— A. One was Charley: he was there all 
the time. Tlie other was James ; he was kind of a cashier. 

Q. Are you cognizant of the fact that Chark^y Adams always took 
the Government watchmen in a saloonto drink w hile tlie brick were be- 
ing removed 1 — A. I have seen him go in with them while the carts were 
being loaded. 

Thomas Haerahan sworn and examined. 

By the Chairman : 

Question. Did you work for Mr. Adams'? — Answer. Yes, sir: had 
some horses and carts working for hinr. 

Q. What were you doing? — A. Working on the street. 

Q. Whjit street '? — A. B street, on the Island. 

Q. B street, southwest ? — A. Yes, sir. 

Q. Grading ? — A. Yes, sir. 

Q. Hauling brick? — A. Yes, sir ; a little of everything. 

Q. Where to ? — A. To near the wharf, and to other places. 

Q. What were the bricks used for ! — A. For putting in the sidewalk. 

Q. On what street ? — A. I believe it was F street, southwest, although 
I am not positive. It was down near the wharf. 

Q. Where did you take the brick from ? — A. From B street, between 
Seventh and Eighth. I have also taken some up to First street. 

Q. From the same place 1 — A. Yes, sir. 

By Mr. Hodnett : 
Q. Did Adams say any thing to you when you were hauling the bricks? — 
A. No, sir; he only told me to hurry up. 



TESTIMONY OF DAVID ALMOND. 1913 

Q. Who pointed out the brick you were to take I — A. Adams did, 
bimself. 

Q. Himself in person .' — A. Yes, sir; one of the xVdamses; I couhl not 
say now whether it was Charley, William, or Jim. 

Q. Did he tell yon not to tell any one about the matter; that if any 
cue came to you while you were hauling- them not to nudce any answer f — 
A. I believe he did. 

Q. How much brick did you renu)ve ? — A. I hauled several times. 

Q. You were of the committee that I sent down from my office to see 
Henry A. Wlllard about this Adams ^ — A. Yes, sir; I was. 

Q. When 1 told you to get the order and bring it to me, what did 
Willard say f — A. He would not give it. 

By Mr. Wilson : 
Q. Do you know of other Government property being used by con- 
tractors ?—xV. No, sir; I do not. I had to work on this Job all the sum- 
mer, and I, of course, did not see what was going on at other places. 

David Almond sworn and examined. 

By the Chairman : 

Question. State your business. — Answer. Well, sir, 1 contracted to 
to do this paving for Williajii H. Adams. 

Q. Where f — A. Down on B street south, on the 2d of last May. 

Q. Did you do it '? — A. Yes, sir ; 1 done the work there. 

Q. Between what streets f — A. Between Sixth and Fourteenth. 

Q. Did you pave the street ! — A. Y\\s, sir. 

Q. On each side of the street ? — A. On both sides. 

Q. On both sides of B street, between Sixth and Fourteenth ? — A. 
Yes, sir. 

Q. Did you pave any on F street, southwest? — A. I paved some on 
F street, between Eleventh and Twelfth ; 1 paved one square. 

Q. (Jn both sides of the street ? — A. Y^es, sir. 

Q. Where did you get your brick from ? — A. The brick that went on 
F street, southwest, i got from B street, along the Smithsonian lot and 
the Armory lot. 

Q. Where did yf)U get the brick from that you paved B street with ? — 
A. He bought a great amount of that. He bought that to the amount 
of 0,()()0 yards, I suppose. It amounted to 12,000 altogether on B street, 
from <; cents to 14 cents, and out of that 1 believe he bought 0,000 yards 
of new brick. 

Q. Let me see if I understand you. The old brick was hauled away 
from B street and i)Ut down on F street '^ — A. Yes, sir; between five 
and six hundred yards of it. 

Q. And then new brick was put down in its stead on B street ? — A. 
Yes, sir ; the new brick replaced that on B street, along the Armory 
lot and the Smithsonian lot. I think he hauled away fifty or sixty 
thousand of the (iovernment brick to different ])laces; took some down 
to F street south, and to some other work he had around the city. The 
best of my recollection is that he took from lifty-Jive to sixty thousand 
of the old brick off of B street, but wlu-re he took them 1 could not 
tell. Then he relaid some three tiionsand yards of old i)avement on 
B street in IVont of the Armory lot, the Agricultural grounds, and the 
Smithsonian lot. That work I think amounted to over four thousand 
seven hundred yards, ami three tliousan*! yards of it 1 think is relaid. 

Q. The Ijalancc is all new brick '! — A. Yes, sir ; that is my idea. It 



1914 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

was fifty or sixty thousand — it may be over. That belonged to the Gov- 
ernment. 

Q. Does Adams owe you? — A. Yes, sir ; he owes me $1,013.70 on 
that work. It was completed the 3d of last December. 

Q. What did you charge him a yard for relaying old brick "? — A. I 
charged him 12 cents for relaying the brick aud 12 cents a foot for set- 
ting the curb. 

By Mr. AVilson : 

Q. What did you furnish — who furnished the sand ? — A. He furnished 
the sand and material and everything. I did the work and paid the 
laborers myself. 

Q. You paid your men ? — A. I paid all my men, except about $100 
that I owe yet. I could not pay them that when I didn't get this ten 
hundred dollars, so the poor men are out of their money still. 

Q. Did you see Adams about this debt ? — A. Yes, sir j many times. 

Q. What did he say to you ? — A. He had no money. He said he 
could not get any money from the board to pay me. 

By Mr. Hodnett : 
Q. Did you, in company with a committee, call upon Ewing and John- 
son, the attorneys that were in this case before I got into it, and did 
they say that Governor Shepherd told them that if they got an order 
from Adams for the $7,000, tiiat he would pay it ? — A. Yes, sir ; I saw 
that letter myself. Ewing and Johnson hold that letter still that Shep- 
herd sent at that time ; but I guess we have a copy of it. 

By Mr. Wilson : 
Q. During what mouths were those bricks taken from B street? — A. 
I believe it was in July last, or August. 

By Mr. Hodnett : 

Q. How many cart loads do you think ? — A. He put all the horses on 
the work at it. 

Q. Were all the bricks taken ? — A. No, sir ; he put part of them iu 
again. 

Q. In the pavement ! — A. Yes, sir ; he took over half of them away. 

Q. Did he pick them out and take the best ? — A. Yes, sir ; he used 
all the whole ones. 

Q. How much do you think the brick was worth a thousand ? — A. 
Fifteen dollars, I reckon, on the ground. 

By Mr. Wilson : . 

Q. Was there any grading to be done*? — A. Yes, a large amount^ 
some parts of it as much as four feet. 

Q. Then the material and work for a square yard of brick would be 
about 32 cents, according to your idea '?— A. Yes, sir. 

Q. What did you get for setting curbs ? — A. Twelve cents, and twelve 
cents for paving brick. 

Q. Who dug the ditch for the curb ? — A. I dug the ditch myself. 

Q. Was that included in the 12 cents ? — A. Yes, sir ; I had to dig the 
ditch. 

Q. You supplied all the labor ? — A. Yes, sir. 

Q. Was the curb already dressed when it came to you ? — A. Yes, 
sir ; the curb was dressed. 

Q. Where was that curb dressed? Was it dressed by Adams, or 
was it furnished him dress^ ? — A. It was furnished him dressed ; it 
was hauled up from the Seventh-street wharf. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1915 

Q. Had it been dressed at the quarry? — A. I believe it was dressed 
at tlie (luarry. 

Q. Have yon been settiiiij- curbs tor a long tinie ? — A. Yes, sir; for 
nearly seventeen years. 

By Mr. ITodnett: 

Q. Wlio Avas tbe superintendent of the board on that work! — A. Mr. 
Whittemore; h(^ lives down on the Island. 

Q. Who acted as timekeeper tor Adams? — A. I think his brother 
did. 

Q. Did Adams ever tell you where he got those brick; did you Inive 
any conversation with him about it! — A. No. sir; he never said any- 
thing about it. I noticed that when he hauled them he didn't want the 
watchmen see him take them away. 

Q.. Did his superintendent take the Government watchmen into 
drink ? — A. Sometimes. 

Q. While the brick was being removed ? — A. Yes, sir. 

By Mr. Wilson : 

Q. Do you know this man Whittemore ? — A. Yes, sir; his name is 
Zack Whittemore. 

(). How long have you known him ? — A. I have knowiT him a year 
and a half. I know him since he became superintendent over me last 
Novemlter twelve months. 

Q. What was his business before that !— r A.. I think he is a carpenter. 

By Mr. Hodnett : 

Q. Who was the Government watchmau 1 — A. I do not know Avho 
he was. 

Q. Did you see him there ? — A. I did mauy a time. 

Q. Did you see him taken in to drink when the cart was there to be 
loaded f — A. I didn't see him drinking, but I was told that he did. Some 
of the men said it was done. 



IMONDAY, May 11, 1874. 
The committee met pursuant to adjournment. 

Governor A. 11. Shepherd's examination continued. 

By Mr. Wilson : 

(}. Last Saturday a (tonunittee made its appearance here, before 
the chairman of this committee and myself. During their visit we 
took some testimony, in cQiinection with which the committee sug- 
gest that it is best that some questions should I)e put to you. Some of 
the ((uestions tiiat I will now submit have been the result of the inves- 
tigation on last Saturday, when there was no one present, except the 
chairmim and myself. The bulk of that testimony has reference to the 
use of G )vcrnment property by William H. Adams, one of the, con- 
tractors of tlie Itoard; removal of brick ])avenHMits from B street south, 
from Sixtii to Fourteenth streets. Did you know Mr. William II. 
Adams as a contractor prior to tlie organization of the i)oar(l of public 
works? — A. I <lid not. 

(). lias he had s(»mewhat extensive contracts since the oiganizatiou 
of the board of [tiiblic works ? — A. He has done a good deal of work. 



1916 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What has been the character of the work that he has done I — A. 
Mostly seweraj^e, if I recollect right. He paved B street, between the 
points which you have nained, from Sixth to Fourteenth street. 

Q. Did he i)ave F street soutli ? — A. I think not; that I would not be 
certain about. 

Q. Did he construct the sewer on Thirteenth street ! 

The Witness. Where do you mean on Thirteenth street '? 

Mr. Wilson. I am not able to give you the point, as I have not the 
contract before me ? — A. 1 do not recollect that he did. lie may have 
done so. 

Q. Has the board of public works held back any payment from. Mr. 
Adams f — A. That I cannot tell you. The auditor can tell. 

Q. Do you know whether he has given the necessary bond to protect 
the city, or to protect the board of public works iu this matter of keej)- 
ing his work iu repair ? — A, I think he has. 

Q. Do you know anything in relation to an order of .$7,000 that was 
given by Adams for the benefit of his employes and accepted by the 
board ? — A. I do not. 

Q. Have you heard of any such order having been given ! — A. I saw 
the petition of Mr. Hodnett, iu Avhich my name was coupled with that 
of Mr. Adams iu regard to a certain transaction, and I have heard some 
talk — I think Mr. Willard had a record made of the whole transaction. 

Q. Did he not submit it to the committee ? 

The Chairman. Yes, sir. W^e have that record. The correspond- 
ence seems to have been with Mr. Willard. 

By Mr. Wilson : 

Q. You know nothing, then, of any order having beeu given by Mr. 
Adams on the board of public works for this amount of money for the 
puri)ose of paying his employes 1 — A. I know nothing about the traus- 
action at all. 

Q. And if such au order was giveu you do not kuow whether it was 
charged to Mr. Adams's account or not ? — A. I do not. 

Q. Who would know about that f — A. The auditor. 

Q. Do you know what became of the brick that were in the foot walks 
along the Government property between Sixth and Fourteenth streets ? — 
A. I do not. I sup])()sed they were taken and used again. 

Q. Used where? — A. Used at the sjiine i)lace; were they not ? 

Q. Well, the testimony that has been taken by the chairman and 
myself indicates pretty strongly that Mr. Adams hauled those bricks 
and j)ut them into foot-walks, down on Seventh street south, near the 
wharf? — A. Mr. Adams had no work in Seventh street south. 

Mr. Wilson. I beg your pardon. It was on F street. 

A. Well, the superintendent of property will know. He may have 
taken those brick up on his returns, and re-issued them on other work. 
That was frequently done. 

Q. What was the occasion for doing that ? You were going to re- 
pave that along there, were you not? — A. Well, I do not know. 1 say 
that that was frequently done. The sui»erintendent of property took 
the brick, when they were iu the way and liable to be stolen, and issued 
them to work where the material could be used at once. 

Q. If such is the fact, have you in any place given the Government 
credit for that property ? — A. That is a matter that the su[)erintendent 
of property can tell. It is the details of his office. 

Q. It is stated to the committee by several witnesses — and we will 
submit the testimony to you as soon as we can — that these brick were 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1917 

hauled away from there, amoniitiiiff to 5{),()(K» or (10,000, and put in the 
))av('nient on V street south ; sonu^ of them hauUMl to this sewer ui)on 
Thirteenth street, and some to other parts of the cit.y, by Mr. Afhims. 
— A. Well, no sewer has been put in on Thirteenth street tliat 1 know of. 

Mr. Wilson. I would like to have the account of Mr. Adams, to see in 
regard to this 87,000 order. 

The Witness. The auditor has that, sir. 

[The pai)ers here referred to were sent for, l^endinj;- their i)roduc- 
tion — ] 

Q. 1 am further directed to inciuire of you whether you have sold any 
real estate to Mr. William H. Adams recently ; and if so, to what ex- 
tent ? — A. My agent sold to Mr. Adams a house at the corner of Seven- 
teenth and L streets for ■SKs-'^OO, the cash value of it. 

Q. ^^'llen was that .' — A. I do lujt recollect; it was several months 
ago. 

i}. Who is your agent .' — A. iNIr. E. K. Wilson. Tie came to me and 
said that he liad an offer tliat if I would take a certificate — there was a 
mortgage ot Sll,0()0 on the house — he said that he had an offei- to i)ay 
the ditlerence in certiticates of the board of public works, if I would 
take it, and the ])arty would assume tiu> mortgage. I told him that I 
would do it, which I did. He paid the difference. I think it was 87,500^ 
in certiticates of the board of public works. The whole transaction 
was conducted through Mr. Wilson, and I know nothing about the 
thing exa'pt that he asked whether. I would take certificates for it. He 
subsequently told me that he had sold it to Mr. Adams on that basis. 

Q. D." you still hold those certiticates, or have they been paid? — A. 
1 hold some of them ; they have not been paid. 

Q. What amount of them has been paid? — A. I do not think any of 
them have been i)aid. If my recolhn^tion serves me right, Colonel Ma- 
gruder gave me an acceptance for a i)()rtion of them. 

Q. What portion — do you remember ? — A. Some $5,000, I think. 

Q. How long ago was that? — A. That has been a couj)le of months 
ago. (To Colonel Magruder.) How long was it, Colouer? 

Colonel IMactKUDER. I think about six weeks or two mouths ago. 

Mr. Wilson, (to Governor She[)lierd.) Out of what bank was that 
money drawn? — A. It was not drawn out of any bank at all. 

Q. Simply an acceptance? — A. Simply an acceptance; yes, sir. 

Q. Has not that juoney been drawn out of the treasury of the board 
of public works in souie way or another I — A. No, sir; it has not been 
paid at all. It is an outstanding acce|)tance. The board of i)ublic 
works have had no money to pay with. That is the fact in relation to it. 

Q. Did you sell any real estate to John Collins; an<l, if so, what 
amount, sir? — A. None. 

(). Or to Connolly ? — A. I sold some houses on Second street to 
Haniel H. Connolly. 

Q. How long ago was that ? — A. Some of it was a year ago and some 
since. 

Q. Jn what way was tiiat paid? — A. That was paid — a portion in 
cash and the balance notes; a deferred payment; mortgage on the 
property. 

(}. Were there any certiticates ? — A. I do not think there were any 
certificates in the matter. 

Q. \\'as that also transacted tliiough your agent ? — A. That 1 am not 
certain about. I recollect Mr. Connolly coming to me and making an 
offer for the pri)perty at the corner of Second and V> streets, l^ight 



1918 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

thousand dollars, I think, ^vas the price. 1 accepted his ofier, and 
subsequeiitly he bought two or three other houses. 

Q. What was the aggre^cate ot his purchases '? — A. The City Hall 
record shows, sir. I shouhl judge about $.'>(), 000. 

Q. Can you remeuiber now whether any of it was paid in certificates, 
or whether it was all paid in money ? — A. I cannot recollect that; my 
impression is that one payment was iu a certificate. 

Q. Do you recollect, the amount of it?-^A. I do not, sir. 

Q. What amount of certili(!ates of the board of public works do you 
hold now ?— A. I suppose I hold some $10,000, 615,000, or $20,000^ I 
cannot recollect exactly how much. 

Q. How long have you held them? — A. 1 suppose all the way from 
six months to two months. I would state this in that con miction, that 
when a proi)Osal was made to me to pay me board of public works cer- 
tificates, I generally accepted it, for the reason that I had no doubt as 
to tlie kind of security, and thought that I was doing a pro[)er thing, 
so far IS upholding the credit of the District was con(;erned. 

Q. Did you sell this property— where yon took certificates — at what 
would be considered orditmry cash prices, with rhe nsual payments ? — 
A. I did in every instance. 

Q. Taking certificates dollar for dollar, or did you take the certificates 
at a discount, or increase the price of pro|)erty in conseqnence of taking 
the certificates in payment ? — A. I took them dollar for dollar, at the 
market rate for the ))roperty. 

Q. Has Mr. Adams a street-sweeping contract or street-cleaning con- 
tract under the board ? — A. No, sir. He had a contract for moving 
garbage, which he took at public advertisement. He did not get along 
with his contract, and expressed himself unable to carry it out, and f 
annulled it last week. 

Q. Who was that contract originally issued to i — A. To him, by [)ub- 
lic advertisement. 

Q. Did Emmert & Smith have a contract for street cleaning f — A. 
They had a contract for sweepii.g tiie streets. Mr. Adams had a con- 
tract under the board of public works for street-sweeping. That was 
made by Mr. Willard. But the contract of which I speak was for the 
removal of garbage, which I, as governor, let at public advertisement. 

Q. The contract which you say was let by Mr. Willard — was not 
that originally let to Emmert & Smith ? — A. 1 think they originally 
had the contract, and failed to go on with it. 

Q. Then it was let to Mr. Adams, was it f Does Adams still have 
that con tra(;t? — A. No sir. 

Q. Who has it now ? — A. It was let to a man named Wright, of 
Chicago, along iu the tall some time — probably about the first of the 
year; let by public advertisement. 

Q. When this contract was changed from Emmert & Smith to Mr. 
Adams, was there any arrangement by which Adams was to take certifi- 
cates of the board of public works for his pay ? — A. I think not. 

Q. Was that contract in writing? — A. That the records of the board 
will show. It was let after I ceased to be vice-president of the board, 
and I am not familiar with it. 

Q. Do you know, or have you ever heard from any members of the 
board of public works or any one else, that Mr. A<lams was to get his 
pay for that street sweeping iu certificates at 78 cents to the dollar ? — 
A. There never was auy such arrangement ; I know that well enough. 

Q. And to get 15 per cent, bonus? — A. There was an arrangement to 



TESTIMONY OF AL^^XANDER R. SHEPHERD. 1019 

pay liim 15 per coiit. upon tlie net cost of the work ; but the certificates 
Lave never i)een olTered by tlie board at h>ss than par. 

Q. How was Mr. Aihuns to do this street-cleaning— how was he to be 
paid? — A. Well, he was to be paid out of the resources of the board. 

Q. At what rates? — A. If my recollection is right, as I have heard 
it, he was to be paid the net cost of the work and 15 per cent, additional, 
he furnishing all the tools, «&c. 

Q. How was that net cost arrived at? — A. Upon the pay-roll. 

Q. Whose pay-roll ?— A. Upon his i>ay-rolls; the whole thing b"ing 
under charge of the party put in chargi; by the board of i)ublic works. 

Q. Wlio kei)t his i)ayrolls? — A. Tiiat I do not know. 

Q. Was that party acting under the su])ervision of the board of pub- 
lic works, or of Mr. Adams? — A. Under the su[)ervision of the board 
of public works. 

Q. Who ap])ointed that party to keei) the pay-rolls ? — A. There was 
one of the superintendents of tlie lioard detailed for that purpose, who 
certified to Mr. Adams s bills and had charge of it entirely. 

Q. So that the mode of paying was this: He furnished the necessary 
appliances for carrying on this work ? — A. Yes, sir. 

Q. A superintendent appointed by the board certified to bis bills? — 
A. Yes, sir. 

Q. Was there any agreement between the board of public works and 
bim as to what should be charged for the use of wagons or carts, or the 
per diem that was to be paid to employes? — A. Y^es, sir; the prices 
were est-ablished. 

Q. By whom ? — A. By the board. 

Q- Were they regular board prices? — A. !N"o; it was the net cost of 
the work to him. For instance, laborers and carts charged so much a 
day ; Just what tliey cost him. The time-roll was made ui), and 15 per 
cent. adde<l to the amount to pay him for his tools and things ot that 
kind and tor carrying on the work. Tlu^ same arrangement existed with. 
Emmert tis: »Smith. 

Q. Do you know what became of the brick that were hauled away 
from New Hampshire aveuue north of P-street circle 1 — A. I do not. 

Q. Do yon know whether they were hauled away from that avenue 
and used elsewhere in the city ? — A. 1 know nothing about it. The 
report of the superintendent of property will show. 

Q. Do you know anything about Q street, east of New Hampshire 
avenue, as to the brick on tliat street ? — A. I know nothing about it at 
all. It is a matter of detail, of wl!i(-h an ofticer of tiie board has cog- 
nizance, and I think that vou will find thcv were all properlv accounted 
for. 

Q. Mr. Tiiomas P. Morgan a few days ago testified in regard to a lot 
of fiagging that he i)ut down at some spaces adjoining Mount Vernon 
Place. Yon will remember, if you w<'re present, that he stated that he 
had used a very considerable amount of this old gutter-stone, or bridg- 
ing across the gutters, and ])ut it down there. Do yon know whether 
any credit has liecn given to the Goveinmeiit in any i)lace for that bridge- 
stone ? — A. The Government is not entitled to any credit. The bridge- 
stone belonged to the District. 

Q. If you will look at the report to which I called your attention last 
Friday you will liml >!l l(i,(M)() charged for old fiagging; what is that ?— 
A. That is the a\enue entirely. This was from the dilfereiit streets. 
That was the tlaggiug which was put down on tlie avenue. 

Q. It is i>ut down here, "Flag-crossing, ><I1(),<)(;lM(I." Is that the 
flag-crossing at the avenue ? — A. That is not the descrii>tion of stone. 



1920 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The stone I think we used there were mostly what we called bridge- 
stone to put across the gutters. If you recollect the old streets, there 
were bridge stones across the gutters. 

Q. Yes; 1 understand that. Is this Hag-crossing thac is put down 
here exclusively tiag-crossing that was at the avenue? — A. I presume 
so. It is put down in three strips generally at a wide avenue. 

Q. AVliat amount of money did the New York Avenue liailroad Coni- 
liany pay for the improvement of that avenue? — A. It is shown by refer- 
ence to the assessments of New York avenue. I do not know what the 
exact amount was. 

Mr. Stanton. That is the Columbia Railroad Company ! 

Mr. Wilson. I do not know what the exact name of it is. It is the 
one that has its railroad on New York avenue. 

The Witness. If you will turn to the report for 1872 you will find on 
the table, New York avenue. Ninth street west, Fifteenth street west, 
and the amount charged to railroads is $2,214.40. 

Q. All that that railroad company has paid, then, for the completion 
of New York avenue is that sum, $2,214.40 ? — A. That is the assess- 
ment between those points. 

Q. Is that all that it has paid? — A. That I do not know. I only 
know what the record shows. 

Q. How much space does that railroad company occupy in that ave- 
nue ? — A. Well, New York avenue is parked all the way in the center 
from Fifteenth street to Ninth street. The railroad company's pro[)pr- 
tion would be very small because their tracks were not disturbed — 
nothing but sodding was done, you know, alongside of their tracks all 
the way out between those points. You recollect that, do you not? 

Mr. Wilson. O, yes ; I recollect it. 

The Witness. The concrete pavement does not come up to it at all : 
it comes up to the curb, but their charter only compels them to pay for 
two feet outside of their railroad track. 

Q. I understand that ; but so far as you know that is all that they 
have been required to pay? — A. Yes, sir ; that is all that I know of. 

Q. I forget whether yon have been interrogated heretofore in regard 
to the railioad-tracks around the Post-Office and Patent-Office Depart- 
ments on F street and Seventh street. Have those railroad companies 
been assessed anything for that improvement? — A. That whole matter 
now, I think, is in process of adjustment. You have all the i)apers here y 
Mr. Willard sent them up, I thiidi. 

Q. I have not seen them yet. — A. They have been submitted and 
have been here for some time. 

Q. Is it or not the fact that the whole of that improvement, including 
the pavement laid down between the rails of these railroad companies, 
has been charged to the United States, between the Patent-Office and 
Post-Office ? — A. I do not think anything has been doue in regard to it 
at all. 

Q. Has not the claim already been presented to Congress through 
your report asking for an appropriation covering the whole cost, in- 
cluding the paving done between the rails and two feet outside of the 
rails of those railroad companies ? — A. I am unable to answer that. I 
do not know upon what it was based. I only know there was a claim 
put in. I do not know what it covers. I do not think, however, it 
would be just to the railroad companies to pay that expense. 

Q. Do you think the United States ought to pave their tracks? — A I 
think the United States ought to pave it there, because it was paved 
with Belgian rock. You ought to do one of two things with the rail- 



TESTIMONY OF ALEXANDER R. SHEPHERD. l'J21 

roads — either fix some proportionate cost of paving tlieir tracks, so that 
they can do it and live, or else take their charter away, which it would 
amount to. 

Q. Well, theUnited States did not order any expensive pavement like 
that put in there, did it?— A. The board of public works, actin.u" as the 
agent of the United States, did not want to put anything- else, but a 
first class pavement in front of the public buildings, and it would be a 
disgrace to the country to put a cobble-stone pavement around those 
buildings. 

Q. You think, then, that the board of ])ublic works, acting as the agent 
of the Government, ought to put in just such a pavement there as you 
think would be proper, and nuike the United States pay for it ? — A. That 
is a matter for the United States to determine. My impression is that 
the United States ought to pay for it, and I think that you and every 
other member of the committee, after looking the ground over, v,'ill say 
that they ought to do it. 

Q. Well, I am not deciding any nmtter; lam only trying to get at 
the facts. — A. Yes, sir; and I am only giving my opinion as a member 
of the board in regard to the matter. 

By j\Ir. Bass : 

Q. How are these railroad companies assessed in the District ; are 
they assessed for general purposes ? — A. They pay their general tax, 
and most of their charters compel them — by the by, the charter which 
was first passed was for rhe Washington and Georgetown Ifailroad 
during the war, when Pennsylvania avenue was paved with cobble-stone. 
It provided that they should pave between the rails, in their rails and 
two feet on each side, taking about 18 feet of pavement, that the railroad 
comi)any should bear. That would do well enough for a cobble-stone pave- 
ment, but where you put down a patent pavement, or a Belgian pavement, 
and where they have toi)ay for 18 feet, it is more than one-half of the whole 
street, and more than the companies can aftbrd to pay for that class of 
pavenuMit. Therefore, 1 say that the law ougiit to1l)e so fixed that the 
railroad companies would get a just share of the expense — what they 
were able to stand. As it is now, look at Pennsylvania avenue, or other 
streets nicely paved on the sides, but in between the rails it is a dirt- 
hole. When it is muddy it is impossible to cross without wetting your 
feet. 

By Mr. Wilson : 

Q. Y'ou have proceeded, then, upon the idea that this work should be 
done not as the law is, but as you think the law ought to be ? — A. No, 
sir. We attempted to compel them. We atteun)ted to pave their tracks 
on Seventh street with wood, and they enjoined us — took us to court. 
The matter has been referred to heretofore. It was decided against us 
by a <livided court, hovever, and the matter stands in that way now. 

By Mr. Bass : 
Q. Wliat 1 had reference to was as to whether they were assessed for 
general purposes. — A. Yes, sir ; they pay their general tax upon their 
real estate. 

By Mr. Wilson : 
Q. Do they i)ay any tax upon theirrailroad itself? — A. Their franchise 
is assessed and taxed. 

By the Chairman : 
Q. As real estate ? — A. Yes, sir ; as real estate. 

121 DOT 



L922 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 

Q. lu making up that assessment, what is taken into account — the 
length and value of the road, as other railroads are ordinarily taxed? — 
A. That I cannot say. It is made up by the superintendent of assess- 
ments and taxes. 

Q. Or do they simply tax them for the actual real estate that they 
own 1 — A. I think they tax them for their whole property. 

Q. Do you know what asuount of taxes these railroad companies pay ? — 
A. I do not. It is very easy to find out that. 

Q. There is no tax on the capital stock of the railroad companies 
liere ! — A. Well, after this law, passed on Friday, in regard to personal 
property, there will be a tax on it. 

Q. But that is only for school i)urposes, I believe? — A. No; that per' 
sonal tax was on general account, to re-ira burse the Treasury of the 
United States for money advanced. 

Q. Well, that is only for the special purpose of paying school-teachers — 
that law to which you refer ? — A. I did not understand it in that way. 
I understood it was to be a permanent thing — the tax on personal 
property. 

By Mr. Bass : 

Q. Do not banks or other corporations not owning real estate pay 
any tax in this District! — A. Do you mean personal property? 

Q. Well, any corporation doing business here not owning real estate; 
as, for instance, take a bank having a capital stock of $100,000, if 
there be such a bank here, not owning the real estate on which their 
business is done; are they not assessed? — A. I do not think there are 
any cases of that kind. I think they all own the real estate on which 
they are located. 

Q. Then they fire simply taxed on real estate? — A. They are taxed 
on their real estate. 

Q. And that is all?— A. That is all. 

By Mr. WiL&^ON : 

Q. Who would be able to give us the information as to the taxes paid 
by these corporations ; would your collector- ? — A. Do you mean by 
the railroad companies ? 

Q. Yes, sir. — A. I will send down and get it. The collector can tell 
or the superintendent of assessments can tell. 

Q. How was the grading that was done on Sixth street paid for, 
where the Baltimore and Potomac Kailroad Company's tracks were put 
down ? — A. I do not know. I suppose it was paid for as all other im- 
provements were paid for. 

Q. Has the Baltimore and Potomac Railroad Company ever paid any- 
thing ? — A. That I do not know. I do not know whether anything was 
ever assessed to them. The street was graded through. 

Q. And a good deal of that is through Grovernment property, is it 
not? — A. A small portion of it; yes, sir. I suppose two or three hun- 
dred feet. 

Q. The heaviest part of the grade, is it not ?— A. No, sir; the heaviest 
part is on the Government property, beyond Maine avenue. 

Q. Well, whatever it may be, do you know whether that railroad 
comi)any has paid anything toward that grading? — A. I do not. 

Q. Do you know how that grading was done or by whom it was 
done ? — A. It was done by Albert Gleason. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1923 

Q. Under the order of the board of public works ?— A. Under the 
order of the boaixl of public works. 

Q. Did he have a contract for doing that? — A. I think so. 

Q. Do you know whether he ha.s been paid or not ? — A. I presume he 
has. It has been done a long- while. 

Q. That was done after the Baltimore and Potomac Railroad Company 
got authority to come into its present depot on Sixth street t — A. It 
was done about that time, I think. 

Q. You are not aware of that company's being called upon to pay any 
l)ortiou of that expense ? — A. I am not. 

Q. I want to ask you a question or two further in regard to this 
mode of letting contracts. 1 understood you to say the other day that, 
before letting a contract to any person, you always assured yourselves, 
or required some sort of assui'ance, that there w<ms somebody who was 
res[)onsible, and would do the work; is that correct'^ — A. 1 stated 
that. 

Q. Was it the rule for the vice-president of the board to award these 
contracts or let these contracts, and afterward have that action placed 
upon the minutes of th^ board ? — A. No, sir; in every case of any mo- 
ment the majority of the board were consulted before anything was 
done. 

i}. Were they consulted at a regular meeting of the board, or was it 
a private consultation among the members of the board I— A. It was a 
consultation which took place in the office of the board. They were 
there daily. 

Q. When the boaid was in session ? — A. When the board was in ses- 
sion ; yes, sir, when the board was there for the transaction of business. 
We did not have any by laws or rules of order. There were tmly five 
of us, and we would get together around the table and take up certain 
papers and act on them, and they would be recorded on the journal. 

Q. Is it or not the fact that contracts were often let to parties who 
were not expected to do the Avork, but you simply expected that they 
would furnish some responsible party who would do the work ? — A. In 
no instance, sir, to my knowledge. 

Q, There was no case of that kind f— A. In no instance, to my knowl- 
edge, was anything of the kind done. The parties canie and represented 
that they had their arrangements made with th(ur backers to do the 
work, and they had to substantiate that fact to the satisfaction of the 
board before it was done. 

Q. Well, that is in substance the same thing that I have asked you. 
For example, here would come a party who would say to you that he 
had a resjtonsible party that would do the work i—A. Xo, sir. 

Q. Ami you would let that party have the contract, having received 
assurances, all being satisfied that there was a responsible party who 
would do the work ? — A. No, sir; that is not the case. They had to be 
associated with the parties in business — in legitimate business opera- 
tions — before any work was let to them; and they had to substantiate 
that fact to the satisfaction of the board. 

Q. And then you let the contract to the parties jointly; is that the 
way of it ? — A. We let the contract to whoever the party might be who 
was named l)y them. For instance, if there were three or four partners 
in llie matter, and they would name one of their firm as the i»arty to 
whom the contract should be let, it would be let in his name and the 
contract made with him. 

Q. What was the reason for that ? — A. Simply to simplify matters. 



19'24 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Tlien, if three or four parties came to you aucl said, " We propose 
to take a contract," you would allow theui to designate the party to 
whom the contract should be awarded ! — A. They would have to put 
their most responsible party forward as the man to take the contract. 

Q. Do you know of any cases in which arrangements of that kind 
were made where one of the parties was purely nominal and he was to 
get a percentage out of the contract ! — A. I do not know of any case of 
that kind. 

Q. Do you know James E. Gregg ? — A. Yes, sir j there is a contractor 
of the board by that name. 

Q. Where is he from ! — A. Ohio, I think. 

Q. How long has he been in this city ? — A. Well, I suppose, a year 
or eighteen mouths. 

Q. Had he been a contractor prior to the organization of the board, 
that you have any knowledge of! — A. Not here. 

Q. Had he been anywhere? — A. He was so represented to me. 

Q. By whom f — A. By several persons. I do not recollect who they 
were. His recommendations were first-class, I know that. 

Q. Have you those recommendations'? — A. I do not know ; I may have 
them. 

Q. Do you know what his employment had been prior to his coming 
here*? — A. He was represented to have been a railroad contractor — a 
man of great energy, and of considerable means. 

Q. Do you know where he had been engaged in building railroads ? — 
A. I do not. 

Q, Had he a business partner, that you know of"? — A. I do not. 

Q. I notice in some of these contracts, James E. Gregg & Co. Who 
was the company ? — A. I do not know who the company were. I did 
not know that there was any company attached. Mr. Gregg was the 
man Mith whom the board dealt. 

Q. He was the man with whom the boixrd dealt ? — A. Yes, sir. 

Q. He had a contract. No. 800, on Fifteenth street, from Rhode Island 
avenue to boundary — to grade and lay the Miller wood pavement on Fif- 
teenth street northwest, from Rhode Island avenue to Boundary street ; 
to grade and lay the Miller wood pavement on Seventh street west, from 
M street north to Boundary street; and that contract was amended on 
the 21st of October so as to include the laying of sidewalks, re-setting 
the curbs, laying of new sidewalks and of new curbs, where necessary, 
on Seventh street, from M street to Boundary. The whole seems to 
have aggregated $140,000. How much of that work was done by Mr. 
Gregg, or by Gregg & Co. ! — A. Indeed, I do not know. 

Q. Did they do any of it ? — A. I suppose they did, if it was done. 

Q. Is ituotthe fact that he sublet the Fifteenth-street work, the grad- 
ing of it, to Albert Gleason ? — A. Indeed, I do not know. 

Q. And the wood pavement to Taylor & Filbert?— A. Indeed, I do 
not know. It would be imi^ossible for me to keep the run of all the sub- 
eontracts that were let by contractors. It might have been let. He 
might have sublet it. I do not know. 

Q. It seems that he had a contract for Seventh street. Do you know 
whether that was sublet to Taylor & Filbert ?— A. I think Taylor & Fil- 
bert did the work. 

Q. Do you know whether Taylor & Filbert got paid for that at $3.50 
a square "yard? — A. I do not. They got the board-rates, whatever 
they were. 

Q. And, in addition to that, got paid for putting a floor under the pave- 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1925 

ment?— A. I kuow nothing? about the details of it. It was done after 
I ceased to be the executive oflBcer of the board. 

Q. These contracts you know uotUiug about ?— A. I know nothing 
about the Avork at all. 

Q. Do you know whether Mr. Gregg had a large sewer contract ?— A, 
He has a contract for a sewer, wliich we looked at the other day. 

Q. That is the three-wing brick-barrel sewer, contract 809, for 
8C3,2S;j.01— the estimated cost. Do you know whether lie did any of 
that work or not ? — A. He is doing it now ; you looked at it the other 
day. 

Q. Is he doing it himself, or is Mr. William II. Adams doing it ?— A. 
I do not know who is doing it. The work is being done. 

Q. You do not know whether he is doing it ?— A. I do not know any- 
thing about it. 

Q. Do you know whether he has done any work at all, in this city, 
himself ?— A. I do not know anything nbout what he has done; I only 
know the contracts were let to him as a proper person, and that the 
work has been done. Some of it wds done badly on Seventh street, 
and will have to be done by him again, at his own expense. 

Q. Seventh street is in a pretty bad condition ?— A. Very bad condi- 
tion, sir. 

Q. Please turn to page 21G of your answer, of date September 10, 
warrant number 2353, which seems tohave been issued to Mr. Magruder, 
treasurer of the board of public works, account of requisition of the 
governor for repair of pumps, &c., $400,001). Then of date September 

24, warrant 2359, Mr. Magruder, treasurer of the board of public works, 
account of improvements and repairs in the District of Columbia, 
8200,000. Then of the same date, 24th September, warrant 2300, Mr. 
Magruder, account of repairs to pumps, &c., District of Columbia, 
8130,000. Can you give the committee definite information in regard 
to that transaction ?— A. Yes, .sir. The act of the legislative assembly 
of June 23, 1873, reads as follows : 

f Act of the third legislative assembly, session L] 

CiiAP in. An act in addition to an act niakin<j appropriation for improvenients and 

repairs in the District of Columbia, and providinj; lor tlio pavnieiit tbcreof, approved 

July 10, 1871. 

Jit it nutcUd, c^-c, That, in order to provide the lull sum of lour iiiillioii dollars ajijiro- 
l)riated lor the iuiproveuicuts of the District, in and Uy the act of the h^gishitive assem- 
bly of July 10, 1871, entitled "An act nuikinjj;aiipro|i'riati(in8 for inii>roveuientsaud repairs 
iu the District of Columbia, and providin<f for the payuieut thereof," and to supply tlm 
deficiency of f?aid appropriation occasioned by the sale at a discount of the four million 
dollars of " permaueut-improvemeut bonds" authorized by said act, the.a:overnor of the 
District of Cidurnbla to issue, or cause to be issiuul, additional l)ouds of tlie character 
described iu said act, and in the way and manner, and subject Id the limitations and re- 
strictions, provided iu said act, sufficient to supply the aforesaid deficiency in said appro- 
priation, and to place, in connection with the sums previously placed to the credit of the 
board of pul)lic works, the full ."^um of four million dollars, subject to l»e disburseil 
upon warrants of the board of public works, in ai'.cordance with section three of said 
act; said ailditional issue of bonds, however, not to e.'cceed two hundred and sixty 
thousand dollars. 

.Six. *J. .1)1(1 he U farther cnacU'd, That, in view of the emerfjency arising from the 
necessity for the inimediate paymeuD by the board of public works of outsi.indinf; 
claims for wt)rk done in the improverueuts of the District, this act shall take ill'i-ci 
immediately upon its passajje. 

Api)r(>veit June 2'-i, 1873. 

That is the 8200,000 item. The act of the legislative assembly •)!' -1 une 

25, 1873, reads as follows : 



1926 AFFAIRS IN THE DISTEICT OP COLUMBIA. 

Chap. XIII. An act making appropriation for re-imbursing- the board of public works 

of tlie District of Columbia for the money expended by theui for the erection and 

repairs of pnnips, cleaning and repairs of streets, and raising and underpinning of 

houses and market-houses. 

Be it enacted, tfc, That the following sums be, and the same are hereby, appropriated 
to re-imburse the board of public works of the District of Columbia, viz : 

For the erection and repairs of pumps, fifty-one thousand dollars. 

For cleaning and repairs of streets, two hundred and sixty-two thousarfd eight 
hundred and tirty-tive dollars. 

For raising and underpinning houses, one hundi~ed and fifty thousand dollars. 

For raising and underpinning Georgetown market-house, twenty-four thousand 
nine hundred and eighty-four dollars and eighty-three cents. 

For amount expended on Western market-housBj three thousand five hundred and 
fifty-seven dollars and seventy-one cents. 

For amount expended on Northern market-house, twelve thousand and twenty-six 
dollars and forty-eight cents : Provided, That the money hereby appropriated shall be 
paid out by the treasurer of the District of Columbia, upon warrants drawn by the 
governor and comptroller of the said District. 

Sec. 2. And be itfnrther enacted, That to enable the governor to pay the above appro- 
])riations, he is hereby authorized to issue bonds of the District of Columbia, bearing 
interest at the rate of seven per cent, per annum, not to exceed the sum of five hundred 
and tliirty thousand dollars, which shall be sold by the governor, the proceeds thereof 
used for the purposes above specified, and for no other purposes whatsoever. 

Approved June 25, 187:3^ 

That is the history of that transaction. 

Q. On these acts these two items, one of 8400,000 and the other of 
$loO,000, were incurred ? — A Yes, sir, 

Q, Were these bonds issued? — A. They were. 

Q. What was done with them? — A. They were paid out to con- 
tractors. 

Q. Tlie bonds tliemselves paid out! — A. Yes, sir; I think. W^erethey 
not, Colonel Magmder ? 

Colonel Mageuder. Yes, sir. 

Q. There was no money received on account of them ? — A. Not a 
dolhir. 

Q. Do you know who received those bonds '? — A. Colonel Magruder. 

Q. Do you know to whom he issued them ? — A. I do not. 

Q. Do you know whether Mr. Mullett received pay as consulting- en- 
gineer ? — A. I think he did. 

Q. At what rate? — A. He was paid in gross, for the time that he 
served, about 85,000. Was it not, Colonel Magruder ? 

Colonel Magruder. Yes, s-ir. 

Q. Did Ik; also receive pay as chief engineer? — A. He did not; that 
is the only i>ay that he ever received either from the Government of the 
United States or the District of Columbia; and he earned every dollar 
of it. 

Q. I believe 1 asked you who let the contracts for that paving on Fif- 
teenth street, between 13oundary and S. Y^'ou say you do not know any- 
thing about it? — A. That is Ehode Island avenue and Boundary street. 
1 suppose now, looking at the date, that I let it. I was vice-president of 
the board at the time, (August 5,) and it must have been done through 
my ofhce. 

Q. Do you know to whom it was let ? — A. It was let to Mr. Gregg. 

Q. Do you know who did the w^ork on that street? — A. 1 do not. 

Q. What is the number of that contract ?— A. No. 806. 

Q. Sixteenth street has been graded Out to Boundary, I believe ? — 
A. Sixteenth street was graded and paved in 1872 to Boundary. 

Q, Does the board of public works contemplate cutting through the 
hill at Boundary ? — A. That was the original contemplation. 

Q. Has the work been suspended ? — A. Y'es, sir. 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1927 

Q. How long since? — A. It was suspended in '72. 

Q. There lias been nothing done since ? — A. Nothing done since. 
They had to condemn the hind there, and that took some tiuie, and it 
was only in 187o tliat the land was condemned and the right of way 
obtained. 

Q. lias there been any imiu'ovement made connecting Fifteenth 
street between where it is paved at the point where I have already in- 
dicated and any other paved street, excepting one ? — A. Indeed, 1 do 
not know. I did not know that Fifteenth street was paved at the far 
end. I would not have allowed it to have been done if I had known 
anything of it. 

Q. But you let the contract ? — A. Yes, sir. But I did not carry it 
out. 1 left the board in the following month and did not supervise the 
work. If 1 had had the control or management of it I should have 
made them commence at llliode Island avenue and work up, instead of 
commencing at the far end and working down. It was let from lihode 
Island avenue to Boundary street. 

Q. There is a space between that i)oint and P street, on Fifteenth, 
where there is no wood pavement, and no contract has ever been let, as 
I un<lerstand it ? — A. O, yes. This contract is from Rhode Island ave- 
nue. Fifteenth street is paved to Rhode Island avenue. This is from 
Rhode Island avenue to Boundary street, and they commenced at the 
far end and worked down, instead of commencing at this end and work- 
ing up, as they ought to have done. 

Q. I was probably misled by Mr. Willard's understanding of it. Do 
you know Mhether any part of this grading that was done on Sixth 
street where the Baltimore & Potomac Railroad Company has [nil down 
its track has been charged to the (jovernment ! — A. I know iu)thing 
about it. The street was graded and iuiproved, and 1 presume it was 
l)aid for as all other streets were. I do not see why the Baltimore & 
Potomac Radroad Company should pay anytliing on that street. It is 
a street of the city and th.e property belongs to the Government. They 
asked us to establish the grades before they commenced to do anything 
and we establishe<l the grades. General Babcock went there with me 
and looked over the matter and hxed the grade so that this bridge, 
which they are compelled to put up under their charter, would be as 
easy of access as possible. I never had anything to do with the rail- 
road company in that connection. 
By Mr. Mekrickc 

Q. Does not the charter require that they should pay for the grading 
of the streets cut down ? — A. 1 do not know. They did not cut it 
down; it was cut down by us. We had to carry out the improvement 
of Sixtli street. We are improving it clear to the river, and we fixed 
the grade with that connection. Sixth street is paved to the river. 

By Mr. Wilson : 

Q. What is the character of the work that is being done in connec- 
tion witii the James ('reek Canal from tlie Arsenal northward to Vir- 
ginia avenue; and what is the purpose for which it is being done ? — A. 
It is necessary as an open sewer, and at the same time as a canal. It 
is an arm of tiu^ river that makes up there. 

Q. Wiiat is being do?ie with it? — A. It has been dredged out, and 
the walls are now being budt. 

Q. To what dejith is it being dredged? — A. It lias been dredgrd out 
to a depth of six feet at low tide. 

Q. Is that intended as an inlet for vessels to come in ? — A. A [)hice for 



192<S AFFAIRS IN THE DISTRICT OF COLUMBIA. 

those lighters aud things of that kind to come up to unload wood and 
lumber. It answers the double purpose of draining that section of 
country right through a swamp, and at the same time, I think within 
five years, if the improvement is carried out, most of the lumber busi- 
ness, wood business, and coal business will be on that canal. 

Q. Is it intended to utilize that to the city in the way of revenues, in 
any way ? — A. Yes, sir. 

Q. How is it proposed to do that ? — A. Well, b;v selling out the priv- 
ileges of it — the sites. It is an outlet of the Tiber sewer, the maiu 
outlet, it will be, when completed. 

Q. Does that run through public or private property ? 

The Witness. Do you mean the James Creek Canal? 

Mr. Wilson. Yes. ' • 

A. It is down on the original map of the city. It is intended for a 
canal. 

Q. Is the property on either side of it owned by private individuals, 
or is it Government property ? — A. There are streets on each side of it, 
a very wide street on each side. 

Q. Then it is proposed to lease the use of this at various points along 
it to paitits, and thereby derive a revenue ? — A. Yes, sir. In the matter 
of san<l and gravel brought up from the river, there is a large business 
done in that, which would probably occupy half the space the moment 
it is accomplished. 

Q. Do you know of any company having been formed for the purpose 
of taking these leases ? — A. I do not. I do not think there is anything 
of the kind. 

Q. Is there any such thing as that in contemplation? — A. I know 
nothing of the kind. 

Q. It, is a matter wholly oj)en to all persons? — A. Entirely, sir. By 
the by, the act of the legislative assembly provides that it shall be let 
by public advertisement. It applies to that as well as to the old canal. 

Mr. CnRiSTY. Before proceeding with the cross-examination of Gov- 
ernor Shepherd, I desire to ask a preliminary question of Mr. Magruder, 
in regard to a subject to which reference was made by the governor. 

Q. (To Mr. Magruder.) Please state the i)lan or arrangement made 
between the board of public works and Senators Bayard and Edmunds 
in regard to the injuries that tliey suffered by the improvement of 
Massachusetts avenue. — A. Senator Edmunds and Senator Bayard, 
and tlu).-e people around there, objected very strongly to our putting the 
roadwayfs in the middle of the street and parking up. The board thought 
that it was the proper way to do, and we could not yield our opinion 
to them or anybody else, particularly when a large majority of owners of 
the property on that avenue desired that the road should be built just 
as we have built it ; that the street should be improved, so that they 
could get the benefit of this parking between their houses aud the road. 
Senator Edmunds and Senator Bayard both sent large claims in for 
damages 5 and finally they agreed that if the board would abandon their 
assessments they would withdraw these claims. The assessment 
amounted to $450 apiece. Well, the board considered that it was an 
admiiable settlement to make with them for the benefit of the District ; 
that if they went before the legislature the i)robal)ility was they would 
get much larger damages than these assessment-bills amounted to, and 
they immediately, without any hesitation, as soon as the board under- 
stood the matter, accepted tiie proposition, receipted their bills aud 
struck them off of the assessment, in consideratiou of their abandoning 
all claim to damages for their property. 



TESTIMONY OF JAMES A. MAGRUDER. 1929 

Q. Now that i)iiiiciple was established after full cousultatioii with the 
board of public works? — A. Yes, sir. 

Q. Aiul it was their action as a board of public w^^rks ? — A. It was 
the action of the board of public works. 

Q. Is that the settled princi[)le ui)on which you arranjied these con- 
troversies as to damages caused by iiuprovemeuts? — A. There was 
nobody else; that is the only case, because nobody else has ever pro- 
posed it. 

Q. So that principle has not been extended, in fact, to the adjustment 
of any other claims ? — A. Not that I know of. 

Q. J]ut was limited to these two persons. Was the case of Judge 
Wylie embraced in the same princi[)le ! — A. That I do not recollect 
anything about. I know there was something done there, but I do not 
recolle(-t what it was. 1 do not know whether any papers were jiassed 
between the board and Judge Wylie or not. 

Q. Is the action of the board in these cases recorded upon the jour- 
nal ? — A. I do not know whether it is or not ; papers passed between us. 
I settled it with them ami got their written agreement that it was a set- 
tletnent of their claim for damages. 

Q. What I desire to arrive at is this : whetber out of this controversy 
resulted a principle which was to be the basis for the adjustment of all 
claims of this character against the board, or whether it was confined 
simply to the particular controversy ? — A. No, sir. The board acts upon 
every claim independently. They conld not make any such arrange- 
ment as tliat is. 

Q. So that in this case no bills for special improvements were issued 
against these parties? — A. Yes, sir ; there were. The bills were pre- 
sented, and finally they agreed that, if the board wonld abate that 
charge, that they would abate any claim that they might have for dam- 
ages to their property, although they claim that the damage was much 
more. 

(}. After you agreed upon terms the bills were withdrawn? — A. The 
bills were recei[)ted. 

Q. In full ?— A. Yes, sir. 

Q, xVs an ofisct to the damages that they claim had accrued to them? — 
A. Yes, sir; that is the fact in the case, and all the facts in the case. 
If theve was any other case it would come up for at^justment. 

By Mr. Wilson : 

Q. Did you move four twostory houses for Judge Wylie across to the 
next street ? — A. I do not know^ anything about that place. I know 
houses were moved, because I saw them nioved. 

Q. Were his lots graded down about 10 feet by the board ?— A. That 
I cannot say. 

Ciovcrnor SHEPHERD. We had to grade them down to underpin the 
houses. 

Jiy Mr. Wilson, (to Mr. Magruder:) 

Q. Did you make any settlement with K. T. Morsell ?— A. I did not. 

Q. Hi- has property right adjoining there ?— A. I do not know any- 
thing al)()ut that. 

Q. Has he iu)t been trying to get a settlement of liis damages :' — A. 
Not that I know of. He has never si)oken to me about it. 

(}. Did J. O. Wilson have property there 1' — A. I do not know, .^Fr. 
Wilson came to me freipiently al>out that improvement when it was 
going along. I think it was on the opposite side of the avenue — the 



1930 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

south side of the avenue, and he insisted upon it that we should sticli 
to our original purpose of making the roadway in the center of the 
street, so that he and his friends could get the same privileges that other 
people had of having the iiarking in front of their houses. They did not 
want the roadways put on the sides and the park in the center. 

Q. Mrs. Donovan and Commodore Almy own property there ? — A. 
Commodore Almy does. 1 do not know anything about Mrs. Donovan. 

Q. Those are the only two persons living there, with whom you have 
had such settlement ? — A. Those are the only two persons whom I have 
ever known to make any claim. When these two gentleman made the 
proposition I thought it was a very fair one, as all the other members of 
the board did. It was a very admirable settlement for us to make. 
They clnimed some |2,500 or 13,500 apiece damages. 

By Mr. Christy : 

Q. What did their special assessments amount to ? — A. About $450 
apiece, I think. It was within a fraction of that ; it was not $500 each, 
I am pretty certain. 

Q. How did you contrive, then, to omit their bills in the general 
assessments of the streets ? — A. We did not omit them. 

Q. Was that charged against the other property-holders *? — A. It was 
charged against the property, and the bills were rendered them. 

Q. Against this particular property f — A. Yes, sir. 

Q. And it was not distributed among the others after this adjust- 
ment ? — A. No, sir ; not at all. The bills had all been rendered and 
assessments made out, and they received their bills for their proportion 
of the cost of the street. Then they proposed that if we would abate 
those bills — would allow them to go without pay — they would agree to 
give us a written agreement that they would never call for damages to 
the property, which we did. 

Q. Now, iiow are you going to collect for so much of the improvement 
of the street as is in front of their houses"? — A. We cannot collect it 
now. 

Q. How are you going to pay for it? — A. We have paid for it. We 
paid for it by abating their damages. 

Q. Yes, but that does not pay the contractors? — A. No, sir. 

Q. Now, how are you going to arrive at one-third or one-sixth of that 
cost which was asse'ssed against the property ? — A. By ])aying it out of 
something else. 

Q. You have not made provision for that, though "? — A. No, sir. 

Cross-examination of Governor Shepherd. 
By Mr. Christy : 

Question. You stated that many of these claims for damages you regard 
as unfounded. Upon what principle do you arrive at that conclusion I I 
see they aggregate perhaps over a million dollars — that is, where claims 
have been preferred to this commission. — Answer. If you will give me 
any special cases, I perhaps can answer you. 

Q. What I desire to arrive at is this : whether you deem it yourself 
fair that these damages, whatever they may be, should be arbitrarily 
fixed by a board of commissioners, in w^hich the property-holders have 
no voice?— A. Well, the property-holders have a voice. They file that 
claim after public advertisement stating the ground for the claim. The 
commissioners investigate the whole matter personally, are disinterested 
and impartial persons, and make their award upon their judgment. 

Q. Are these persons who claim damages allowed to appear by coun- 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1931 

scl aiHl witli -witnesses ? — A. The commission investigate tlie subject 
personally on tlie premises. 

Q. That is, they simply examine the improvement and the resulting 
damaiics ; they do not call for testimony ? — A. In cases where there is 
any question involved they can call testimony. 

Q. Sapi)ose, then, that the party claiming damages is not content 
with the award ; what is his remedy ? — A. To go to court. It does not 
debar him at all. Xo action of the legislative assembly can debar any 
private citizen from righting himself in court. 

Q. Suppose that he prefers to have this matter adjusted by the com- 
mission, what would be his remedy if he should be dissatisfied with tho 
award ? Has he any appeal to any tribunal ? — A. To the board of pub- 
lic works he may ai)peal. The law provides that the board ol' public 
works shall act finally on the matter, and then submit it to the legisla- 
ture. It passes through three hands: First, these commissioners, who 
are merely acting for the board of public works, going tlirough the de- 
tails; then the board have to personally examine the premises before 
they can make their report; and then the matter goes to tho legisla- 
tive assembly for their final action. 

Q. This commission, then, is appointed by the board of public works ? 
— A. Yes, sir. 

Q. The claims are reduced to writing and filed with this commission ? 
— A. Yes, sir. 

Q. They are the judges, subject to the supervision of the board of pub- 
lic works ? — A. Yes, sir. 

Q. The action -of the board of public warks is announced to the dis- 
trict assembly ? — A. Y^s, sir. 

Q. And no arrangement made and no machinery furnished for the 
hearing of it in the event of controversy — either calling of witnesses or 
having counsel appear ? — A. Of course, if any one is dissatisfied with 
the nuitter, before the board act upon it he^cau appeal to them, and the 
decision can be reversed. 

Q. Then their remedy is by action of the legislature — relief in the 
nature of an appropriation I I am not speaking now of the courts. — 
A. Yes, sir. 

Q. Then suppose, as against these parties, bills have been rendered 
for the cost of the im))rovement; are they permitted to offset this claim 
for damages against those bills? — A. That has not been done, except in 
the two instances referred to. Those are the only two instances where 
such a pro|)osition has been made, to my knowledge. 

Q. So the effect of it is that, upon the rendition of the bills for the 
special improvements and their non-i)ayment within the time fixed by 
law. which I believe to lie 30 days, interest is assessed against .them 
upon those bills? — A. That is the provision of the law, 

Q. Without any regard whatever to the damages that they may 
claim ! — A. Well, that is a matter which could be righted by the actioQ 
of the legislative assembly very easily. 

Q. I am simply speaking of what has been done. — A. It is an incom- 
plete transaction as it stands, and cannot l)e completed until it is acted 
upon by the assembly or some other competent tribunal. 

Q. Is not this true in many cases, that these bills, after being rendered 
and remaining unpaid, interest attaches, and that the bills are sold or 
(lisjiosed of to j)ersons having claims against the board ? — A. State that 
again, if you please. 

Q. Is it not true, in fact, that after the bills have been issued for the 



1932 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

special improvements, and the time within wliicli payment sbonld be 
made has expired and interest has attaclied, that these certificates are 
disposed of — passed out of the hands of the board and out of the con- 
trol of the board ? — A. Not now. 

Q. It was so at one time ? — A. It was so until the law was passed ex- 
tending the time for the j^ayment of assessments. A portion of these 
assessments were anticipated by what is called the greenback certifi- 
cate, ami the assessment certificate, instead of being held now, is placed 
with the commissioners of the sinking fund for the security and redemp- 
tion of these certificates. 

Q. Yes ; the bill is held by the sinking-fund commissioners, and in- 
terest accrues thereon ! — A. Yes, sir. 

Q. Without any provision being made to offset this claim for dam- 
ages! — A, Yes, sir. 

Q. And you never extended the principle beyond the cases referred 
to by Mr. Magruder ? — A. Those are the only two instances in which 
application was made. 

Q. Did you obtain from the Government of the United States pay- 
ment for any improvements that had been made by the old corporation, 
which improvements had been paid for entirely by the owners of adja- 
cent property — for instance, the sewer on Fourteenth street, or the 
paving of Pennsylvania avenue, which, I am informed, was taxed against 
the adjacent property-holders? — A. The paving of Pennsylvania ave- 
nue was not taxed against the property-holders — that is, the i)art di- 
rectly in front of their premises was, but the intersections were not. 
The intersections were paved by the cori)oration. 

Q. In your application to Congress, upon which you obtained your 
apj)ropriation, was that one of the claims which you presented — for the 
work done on Pennsylvania avenue? — A. The amount paid by the 
property -holders ? 

Q. Yes, sir. — A. K"o, sir. * 

Q. That was not included ? — ^A. ]S"o, sir ; I think not, 

Q. I want to arrive at the principle. Take the sewer on Fourteenth 
street. That was paid for wholly by the adjacent property-holders ! — 
A. A jiortion of it was. A portion was paid out of the board funds. 

Q. Were you reimbursed for that improvement? — A. At what point? 

Q. I am simply arriving at the principle. Was any portion of that 
paid for by the General Government — that is, any work done by the 
old corporation ?— A. None that I am aware of on Fourteenth street. 

Q. In cases where you did receive a re-imbursemeut for work done by 
the old corporation, what disposition did you make of that money ? — A. 
Ee-imbursements made to the old corporation ? 

Q. .Y<is. — A. There have only been two instances of that kind. One, 
an appropriation of $188,000, which went into the hands of the sinking- 
fund commission and was applied to the redemption of the debt : and 
the other, a million dollars, on account of the avenue, passed the 3d of 
last March, which was applied to the continuation of the improvements 
by the board of public works. The law making the appropriation i)ro- 
vided how it should be drawn and used. 

Mr. Hamilton. I think we have that all in the record. 

Mr. Christy, Yes, the principle is just beyond this that I am inquir- 
ing after, Mr. Hamilton, as you will see from the question I propose to 
ask. 

Q. (To the witness.) I will ask you whether, in any of these instances 
in which you were re-imbursed by the General Government for improve- 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1933 

ments paid for entirely by citizens, you used any of that money to 
re-in»bnise those citizens ? — A. I do not know of any such instances. 

Q. And, of course, yon took it for granted that it was not done ? — A. 
I should think not. It went into the general fund used for the inii)rove- 
ments. 

Q. Is it the determination of the District government to continue the 
same system of improvement ? — A. Well, that is a matter which rests 
very largely with this committee and the Congress of the United States. 

(}. Suppose that you had obtained, however, the pending- a[)propria- 
tion applied for, and collected these taxes, would you prosecute this 
system of improvement upon the same plan and in. the same method — 
for instance, in regard to awarding contracts instead of letting to the 
lowest bidder, after public advertisement ? — A. Do you want my personal 
answer to that (juestion ? 

Q. I want the determination of the District government. — A. The Dis- 
trict government has no determination upon a nmtter that is in the 
future. They cannot have any determination on a question of that kind. 

Q. You have not discussed, however, the proposition of sus[)endiug 
the i)resent system and inaugurating a new system. — A. Who has not 
discussed it? 

Q. The District government ; the board of public works, and those 
who are cxofficio members of that board. — A. Personally, I have dis- 
cussed the plan of governing this District for the last 15 years. As an 
officer I have not discussed it otlicially. 

Q. That has not been, then, matter of deliberation by the District 
governnumt or the board of public works, whether you will change that 
system ? — A. Not that I am aware of. 

Q. And particularly I call your attention to the manner of letting con- 
tracts for the making of improvements? — A. If I had the same work to 
go through with again to-day, I would pursue the same policy — exactly 
the sanu' policy that we have pursued. I think we have striven to do 
the best that could be done under the circumstances, with a fire in front 
and rear. 

Q. In your letter to the council — I am now speaking of the letter from 
the board of public works — you estimated the cost of a plan of im- 
provenuMits that you indicated to the legislative assembly ; you fixed 
the amount of that likewise, and upon examining your testimony be- 
fore the last committee of investigation, I find that you had repeated 
substantially that the cost of that improvement would not be in excess 
of the original amount estimated. Please exi)lain the cause ot the de- 
partures which resulted in such a vastly increased cost of improve- 
n)ent ? — A. 1 do not (luite get your idea. 

Q. You remember, of course, your letter to the council in which you 
fixed the amount? — A. I do not, sir. 

(^). 1 will call your attention to that, then. In your letter of June 20, 
1871, which was signed by the members of the board of public works, 
you estimated the entire cost of the completion of this plan of general 
improvement at $8,222,01)0, less 20 per cent., which would make 
81,044,500; leaving $0,578,307 as the entire cost of the completion of 
this plan of im[>rovement. Now, on page 735 of your testimony before 
the last committee of investigation 1 find that you used this language : 

\Vhen thu legislature was called tojjcther we submitted a general plan of iinprove- 
iiient for tiie District, making it as explicit as we eonld in the brief time alli)wed for 
its preparation. That plan involved an cxpeiulitnrc of some !t<d,0(}(l,U(l(), and inclnded 
n general system of seworage for the different sections of the city, and also contem- 
plated the paving of the streets. After the approval of the plan we proceeded to carry 
it into etlect to the be«t of our ability. 



1934 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Kow, there is no suggestion there that the cost would be beyond the 
timouut of this original estimate ? — A. I recollect the language of that, 
sir. 

The committee here took a recess until 2 o'clock p. m, 

2 o'clock p. m. 

On the committee re-assembling, the examination of Governor Shep- 
herd wjis resumed by Mr. Cbristy. 

Q. I will add this to the question I asked you before recess: "That 
we think it now evident that the expense has been largely in excess of 
the amouut estimated and fixed in the original plans submitted to 
the legislative assembly, and I desire an explanation of that — upon 
what principle you claim the right to exceed it?" — A. I do not 
know tJiat I comprehend j-ou fuU^', colonel. Is this the point you 
wish to reach — whether the plan which was originally submitted to the 
legislature has not been fully carried out in detail ? 

Q. Not tliat alone, but that only partially carrying it out, you have 
largely exceeded, as we understand it, the estimate? — A. " Only parti- 
ally carried it out." I hardly think that that is a proper interpretation 
€f it. 

Q. Whether a portion, at least, of the work included in that origiual 
plan does not still remain uncompleted? — A. Yes, sir; but a good deal 
more than what was included has been done. The nature of the work, 
as I have stated before to the committee, was changed to a very great 
extent, and the character of the improvements was changed to a very 
great extent, from the fact that the plan adopted by the board, after 
mature deliberation, in the narrowing of the roadways, enabled them to 
put down a much better pavenjent, and make a much better improve- 
ment than they could have done under the authority conveyed in this 
law. The 84,000,000 loan-act of the legislative assembly authorized the 
board to exercise their discretion in these improvements, in using the 
expression, '* may change as far as may be practicable and consistent 
with the public interest ;" and in accordance with that clause the board 
have deviated from the original estimates submitted. 

Q. They, then, consider themselves as clothed with the authority to 
increase the cost of the improvements to the extent to which they have 
done ? — A. We considered ourselves clothed with the authority to make 
such changes as might be best adapted for the beautifying of the city, 
and the carrying out of these improvements. 

Q. Notwitlistanding it would have largely increased the expense ?— 
A. Well, that is a question which I do not think you state quite fairly, 
from the fact that, since that law was passed, very large appropriations 
have been made by the legislative assembly and by Congress — nearly 
three times as large as the original appropriation. Furthermore, in ac- 
cordance with the organic act, we have from time to time submitted re- 
l^orts to the legislative assembly and to Congress, presenting in detail 
all our operations, and have received their assent, have received appro- 
priations, and have carried out to the best of our judgment the wishes 
and the ideas of the legislative bodies making the appropriation, and 
the citizens generally. 

Q. Still, governor, you have not had any express authority do this, 
nor do you claim that now. But you believe from the indications given 
through the various acts of the legislative assembly and Congress that 
you had this right? — A. Yes, sir; I claim that we had express au- 
thority^ 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1935 

Q. Where is that authority ? — A. One point was in regard to the 
main sewerage. We had express authority for the buihling of main 
sewers. The appropiations made by tlie legishitive assembly to 
reimburse us for expenditures made, with the otlier acts, carries 
the authority to expend tliat money in the continuance of improve- 
ments. Tlie approi)riation of 81,-4(>,(H»0. and tlie appropriation of 
$913,000, cU'arly recognize the carrying out of the improvement in- 
augurated by the board, and the approi)riation of $1,000,000 to re-im- 
burse us on account of expenditures made on the avenues, is surely an 
api)roi)riation for continuing the improvements, as it makes the appro- 
])riation available immediately after the passage of the act. 

Q. Tliese, then, are all the reasons you desire to assign in justilication 
of youi de])artnre from the plan to the extent and in the direction I have 
inciicatedf — A. We-do not put it on the ground of justilication. We 
put it on this ground, that the matter was left with us, as executive offi- 
cers, to carry out these different laws and approi)riations as far as iu our 
iudgment was practicable and consistent with the public interests, aud 
that we claim to have done. The fact that appropriations were being 
made all the while that these improvements were going on, aud the fact 
that the assent 

r>y Mr. Stanton : 

Q. This i)articular matter was made the subject of inquiry in the 
former investigation! — A. Yes, sir. 

Q. And ai)propriations were made by Congress afterward, they Ivuow- 
iug the theory on which the board had proceeded ? — A. Yes, sir ; aud 
by the legislative assembly. 

By Mr. Christy : 

Q. Still that would involve us in a sort of unsatisfactory pursuit. I 
merely want the witness to assign all the reasons, whether it be a justiti- 
cation or excuse ? — A. It is neither a justilication nor excuse. We ful- 
filled the duties imposed upon us with our understanding of the law, 
and it has never been controverted by either Congress or by the legis- 
lative assembly. 

Q. Now I will ask if you don't feel that you have authority to pro- 
gress in this direction without any regard to the expense; without any 
limit upon your power by reason of expense ? — A. I don't exactly get 
your nu'aning. 

Q. What limit, now, is there on your discretion in your present view 
of the law ? — A. The limit is the approi)riation made. We contend that 
all we have done has been in pursuance of approi)riations made by Con- 
gress and the legislative asseml)ly. 

Q. Do you intend to continue to lay the concrete or wooden pave- 
ments as carriage-ways in this city ? — A. As I said before, that is hardly 
a pro])er question to put. 

Q. It is a very inq)()rtant one. — A. It is a contingency which depends 
altogether u[)on ai)proi)riations and the action of Congress. 

Q. In the event you receive the necessary approi)riation ? — A. If we 
receive appropriations from Congress, aiul authority from them to con- 
tinue in our work, we shall use our best judgment in continuing the im- 
provement of the city. 

Q. But there has been no determination on your part to abandon the 
laying of wood and concrete ]>avements ? — A. So far as the laying <:»f 
concrete pavement is concerne<l, I wouhl say that n»y judgment is that 
the city should lay them altogether in theinture. 

Q. Of couise, then, that would result in the abandonment of laying of 



1936 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

wood pavements ? — A. ISTot entirely so. If people on the line of im- 
provements prefer the wood pavement, I think their wishes shonld be 
considered. That has been the case heretofore. 

Q, Do you mean by the people a majority or all? — A. I mean the 
general expression of opinion by the inhabitants on any particular street 
where the improvement is in progress. 

Q. You have testified, on page 1807 of the testimony of this investi- 
gation, that the contracts that were awarded these parties were given 
them on account of their standing, business capacity — their ability to 
do the work, to do it well, and to the satisfaction of the board of public 
works. Now, in this description of persons do you embrace all that ob- 
tained these original contracts'? — A. I include all who have done their 
work properly and well, to the satisfaction of the board. There have 
been some black sheep, as there is in every flock. 

Q. In view of the fact that when Hallet Kilbourn wrote a letter, 
with which we are all familiar, stating that there was a combination 
formed, a ring, to secure contracts from the board of public works, do 
you regard him and his associates as suitable persons — would you have 
let these contracts to them, if you had been advised that such a combi- 
nation existed ? — A. No contract was ever let to Hallet Kilbourn, that 
I know of. 

Q. That leads me to this : If you had known that he was interested 
in those contracts, would you have awarded them ? — A. I do not see 
why I should not have done so. He is a responsible man, and has a 
good reputation as a business man. As a letter-writer, I do not think 
he is a very great success. 

Q. We may deem him a success. — A. He may be. 

Q. He assisted us 5 but from your point of view 1 will admit that he 
was not a very great success as a letter-writer. — A. I think that men 
frequently — and probably both of us have done the same thing — feeling 
a little excited for some reason, may say some things that, in our cooler 
moments, we would not utter. 

Q. Still, in this case, John O. Evans, who certainly is a very discreet 
person, indorses the statement of facts, criticising simply the form in 
which they are stated. — A. I can say this for Mr. John O. Evans, that 
he is one of the best business men 1 ever knew, and, as a contractor, he 
is one of the scjuarest and most upright men I ever met with. The work 
done by him is unsurpassed by that done by any other persons in this 
city. There has never been any difficulty with him in getting him to 
make his work right. 

Q. Then, had you believed this statement here, had you been in- 
formed of it — "The board of public works have advertised for proposals 
for paving, to be opened next Friday, the 1st instant. We propose to 
be prepared for them. We had to make a small ring of about seven 
persons in order to accomplish results. In this ring we put all the 
concretes. Evans, Clephane, yourself, Kelly, Kidwell, and myself, 
comprise six of the ' ring.' We shall put it in the best shape 
possible. We shall try and control the entire lot of asphalt pave- 
ments" — would you have abandoned the purpose of awarding contracts 
to the lowest bidder and established your scale of prices, enabling 
these parties to accomplish the result foreshadowed in this letter ? — 
A. We never had any purpose of awarding contracts to the lowest bid- 
der. The idea of the board was to get such information as was attain- 
able, and to use their best judgment in doing this work. As regards 
awarding work to the lowest bidder, had we attempted it in this city 
the streets would have been torn up, and we would have been in a state 



TESTIMONY OF ALEXANDER K. SHEPHERD. 1937 

of chaos and ruin to-day. The only way in which improvements such 
as we have made here conUl be carried out was by giviuj? the work to 
responsible parties, and liolding them to strict accountability. 

Q. ])o you not, in view of the testimony in this case, think that you 
would have escajjcd, and the board would have escaped, from the em- 
barrassments caused by the letting of contracts to DeGolyer& McClel- 
land, if contracts had been let to the lowest bidder after public adver- 
tisement ' — A. Xo, sir ; I do not think so, I think we would have been 
at the mercy of any combination tliat mijiht have been formed. As it 
was, we retained control of the work. While the l)e Golyer cK: McClel- 
land matter is one of those things incident to any extensive improve- 
ment, I think that they are the sufferers by the transaction, not the 
District. The biter Avas bit. 

(). Do not you think that if they had bid without feeling themselves 
under the obligation to make these arrangements which involved the 
expenditure of such large sums of mon<'y that they could have bid at a 
price less the bonus they paid ? — A. I hardly think they would ha\e to 
have done the work under the restrictions established by the board and 
undertaken to keep it in repair for the time specified in the contract. 

(}. Do you think that the securities taken for a comj)liance with the 
conditions of their contract were sutficient, being a cliattel mortgage 
merely, and the entire cost — the original cost — of the ])roperty upon 
wjiich the chattel mortgage was given being only some >'1'.'},U00 .' — A. 1 
think it is amply suflicient to keep their work in order for the time speci- 
fied ; for three years. 

(^>. In the manner in which they have in fact laid it ? — A. Yes, sir. 

(,>. While upon this subject 1 will ask you this question: Do you 
think that the work generally tiiroughout the city has been done in 
conformity with the specifications attached to the contracts ? — A. I do. 

Q. Do you believe that — for instance, take, as an example now, the 
work done under contracts for sodding and parking — that the specifi- 
cations have generally been complied with 1 — A. I do. 

Q. And that the instances in which they have been disregarded are 
exceptional ? — A. I do. 

(). Mr. ]iaub has testified, if I remember correctly, that a large 
amount of stone that formed the walls of the canal was removed ? — A. 
Yes, sir. 

(^). Do you know what disposition was made of it.- — A. It was sold to 
Bartlett tS: AVilliams, contractors for tlie Tiber sewer, at a price fixed 
by the board, per perch, after a thorougli considtation and conviction 
on the j);irt of the board that they were getting the largest price pos 
sible for it. 

i). Do you remember the price paid.'— A. I think 81.75, I am not 
certain about that. That is a matter the records will show. 

(.}. Were the board controlled entirely in their action by the opinion 
of William A. Cook in extending the compensation to C. E. Evans alter 
the comi»letion of his work? — A. No, sir. The board were controlled 
l»y their own knowledge of what was just and right in the case. 

(^ Then why was it necessary to refer that question to William A. 
Cook? — A. Tiiat I do not know. I'robably, to get his opinion as re- 
gards the legal right of the Itoard to do it. 

Q. Vou IijmI only (h-termined, then, upon the eciuitable question, refer- 
ring the legal (juestion to William A. Cook ? — A. We had determined 
that it was a proi)er thing to do provided it could be done under the 
law; that they were entitled to the same rates paid toother contractors 
for the same kind of work. 
122 D C T 



1938 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. By wliose action was tlie wife of C. E. Evans accepted as surety 
upon that bond ? — A. Well, upon its being established that she was 
worth an amount sufficient to secm-e the board in the contract. 

Q. Before the giving of that bond — we pass from the question of its 
sufficiency' or her right to charge herself with any obligation of that 
sort — there had been a controversy between the board and C E. Evans. 
That is true, is it not? — A. ^Vell, w^hen you speak of a controversy I 
will saj' that there was dissatisfaction on the part of the board in regard 
to the attention by him paid to his work. ^Vhen Mr. Evans was here 
the work was done properly and thoroughly ; when he went away and 
trusted it to subordinates, they slighted it, and it required constant 
watchfulness on the part of the board to keep them up to their standard. 

Q. Still there was a controversy of that nature that you explained ? — 
A. There was no controversy. There was dissatisfaction about it. Mr. 
Evans was notified to that effect several times. 

Q. Then there was dissatisfaction with the work of Mr. Evans — the 
manner in which it was being done — and you withheld payment of cer- 
tificates from him ?— A. Yes, sir. 

Q. Now, was this condition made with JMr. Evans, that if he would 
execute this bond that he should receive the certificate to which he 
would be entitled from the auditor of the board of public works? — A. 
My impression is, Mr. Evans was notified that he must make his 
bond good without any regard to what the board of public works 
would do in the premises. 

Q. But Mr. C. E. Evans likewise testifies that he made out an 
express stipulation with William A. Cook, when he delivered these 
bonds to him, that they should not be delivered to the board of pub- 
lic works, uor attached to the contract, unless the board agreed to 
adjust this controversy. — A. The board uever agreed to anything of 
the kind. Mr. Evans could only make a bargain for himself. It didn't 
bind anybody but himself. 

Q. Tlien why is it those bonds were not attached, as other bonds 
were, to the contract ? — A. His first bonds were not deemed sufficient, 
and he was notified to make them good, and in that Avay his wife was 
brought in. 

Q. Tlien she did execute those bonds '?— A. I suppose so. 

C^. They were produced here by William A. Cook, aud not delivered 
to the board of public works ? — A. I don't think there was any retention 
about them at all. They were sent to him to examine, and had been 
some time in his office, and they were brought to the notice of the 
board of public works. 

Q. Have they to this day been delivered to the board of public 
works ? — A. Yes, sir ; they have always been in the possession of the 
board. He was acting as the officer of the board — the legal adviser of 
the board— and they were in his custody as its legal adviser. 

Q. Then there was no reason why these bonds have not been filed 
with the contracts, as in any other case f — A. It was simply an over- 
sight on his part, I suppose. 

Q. His attention was called to it some time since in the case. Why 
w\as the act of the legislative assembly, api)ropriating $240,000 to re- 
imburse the board of public works for the discount suffered on the 
$4,000,000 loan, not submitted to a vote of the people of the District ? — 
A. That is a matter that the legislative assembly would have to answer, 
I cannot ; I was not the executive officer of the government at that time, 
nor was I a member of the legislative assembly ; so I cannot answer the 
quest i'> u. 



TESTIMONY OF ALEXANDER E. SHEPHERD. 1939 

Q. Have you brought auy suits for the purpose of establisliiug your 
rights, the rights of the JDistrict gOYenimout against streot-raih^oad 
companies for their non-compliaiiee with tbe law in jtaying their share 
of tlie carriage-way ini[)rovenients ? — A. Yes, sir. \Ve have not only 
brought Miits hut we have advertised their property, which has beeu 
enjoined and is now^ in the courts. The property was advertised to be 
sold this winter, and they were enjoined on the day of the sale or the 
day before the sale. 

Q. Was not that for a very small portion of the streets through which 
their railroads run ? — A. It was on all the assessments which had fallen 
due — the assessments which were made last year. It was for those as- 
sessments. One of them, 1 think, amounted to thirty-odd thousand ou 
the ^Yashingtou and Georgetown Itailroad, and on the Seventh Street 
Railroad, if my memory serves me right, the amount was some eight or, 
say, ten thousaiul dollars. 

Q. I ask the question in view of the statement made by Mr. Thomp- 
son, i)resident of the ]\I('tro])olitan IJailroad Com[)any, where he says 
that if assessed upon the priiu-iple that was suggested to him, that it 
would amount to absolute confiscation. Now I desire to ask, in view 
of that testimony, whether any arrangement or understanding was 
nmde or had between you on that subject, between the District govern- 
ment and .Air. Thompson ? — A. iS^)ne whatever. We had no power to 
do it, and didn't do it. 

Q. Ibit when bills were sent against adjacent iiroi)erty-holders, were 
you not left remediless as to the railroad company f — A. Well, in no case 
were bills sent where the railroad comi)anies had their tracks down, 
without an assessment being made on the railroad company. In several 
instances, as appears in our answer, and which 1 sp©ke of, when we 
were paving streets, the railroad comi)auies notified us their charter 
allowed them to go on such and such streets, and asked permission to 
put their timbers down, in order to prevent the street being torn up 
subsequently. In two or three instances we granted their request: we 
deemed it best, in order to keep the pavement from being destroyed. 

Q. Then that is not a matter which has been adjusted between the 
District government and the railroad companies, but remains unset- 
tled ? — A. It remains unsettled. There never has been auy settlement 
in regard to it. 

(}. Have you not used certificates issued for general taxes, due prior 
to .Tune 30, 1873, in paying obligations of the District government ; in 
paying, for instance, the salaries of the employes of the government? 

The Witness. Will you please state that again ? 

Q. Have not you used certificates, issued for general taxes due prior 
to June 30, 1873, in paying obligations of the District government — for 
instance, in paying salaries? — A. Tax lien certificates? 

Q. Yes, sir; used them in paying the indebtedness of the corpora- 
tion .' — A. The law autlnuized that disjiosition of them. 

i). Have you excepte<l those from the assets that you have enumer- 
ated as still in the possession of the District government .' — A. The 
report of the comptroller shows that, the whole matter, very thor- 
oughly. 

(^ Were you aware of the fact that William A. Cook, who you say 
inspected the bonds — and passed upon their sufhciency, at least the 
form of the bonds — at the time that he was rendering this service 
to the board of public works was accepting emidoyment generally 
from contra<;tors — the various contractors who were giving these l)ond"s 
to the board of public woiks :' — A. I was not, or I sln)nld not have 



1940 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

allowed liim to. He would have had to serve either as attorney for the 
contractors or as attorney for the board. 

Mr. Christy. That is good law and good sense. 

Q. X>o you know of any ihstance in which parties contracting to do 
work for the board were allowed to jiurchase material that they would 
use in the imi^roveruents, from the factories or the first hands ; and that 
in some instances, at least, they purchased at a iirice less than the 
same material was furnished to the board "? — A. I know of no such in- 
stance, nor do I think it possible or probable. 

Q. No such instance as that came to your knowledge ? — A. ISTo, sir. 

Q. Do you know of any contractors who did work around Govern- 
ment reservations, that after the payment by the Government of the 
United States for the improvements, were not paid in money, or were 
required to take sewer-bonds in settlement of their claims? — A. I do 
not think there was any requirement to take anything. If the board 
were not in funds they were offered the sewer-bonds. It was a matter 
entirely at their option as to whether they should take them or wait. 

Q. Do you know the fact that Mr. Magruder, in some instances, in- 
sisted upou writing upon the bills, indorsing upon the bills, that they 
should be paid in sewer-bonds? — A. I do not think he ever insisted upon 
anything of the kind. Where the request was made he did it. It was 
done to accommodate the i^arties holding the certificate. 

Q. I ask that chiefly in view of the testimony of Mr. Lucas, the 

party who did the grading on K street, who testified that, without 

his consent, this indorsement was made upou the auditor's certificate 

that he held. — A. I have no doubt that he requested Colonel Magruder 

to make that indorsement, or it would not have been made. 

Q. Of course you have no personal knowledge of that ? — A. No, sir ; 
I have no personal knowledge. I make that statement on general prin- 
ciples. 

Q. On page IGo of the report of the comptroller of the District of 
Columbia I lind that an amount was appropriated for the erection of a 
police station-house in Uniontown, the amount being $1,800, and that 
the warrant, I infer, was drawn therefor. — A. I think that is so. 

Q, Was any such station-house erected? — A. No such station was 
erected, because the board of police commissioners protested against it, 
as their force was not sufficient to keep it up. 

Q. Was any portion of this monej' used in the purchase of a site for 
the station-house ? — A. I think a site was purchased. 

Q. Not exhausting the appropriation ? — A. No, sir ; the appropriation 
is not exhausted. I think a site was purchased, though I am not cer- 
tain about that. 

Q. Do you know what became of that — where the excess of this ap- 
propriation remains ? — A. In the t^^easary of the board. 

Q. Do you know the cost of the lot ? — A. I do not. 

Q. Did the sinking-fund commissioners hypothecate sewer-bonds in 
New York for the purpose of raising means to defray the January inter- 
est ? — A. Not a dollar. 

Q. I see your answer in regard to that really leaves it in some con- 
fusion in my mind. — A. I would be very happy to clear it up, colonel, if 
there is any confusion in your mind. ' 

[The answer as previously given by the witness was here read over 
to I'im.] ^^ 

The Witness. Perhaps I had better make a little explanation in re- 
gard to that, so as to remove all confusion in your mind. The reason 
that the sinking-fund commisssion has been -short is this: Last Au- 



TESTIMONY OF ALEXANDER E. SHEPHERD. 1941 

gust, $550,000 of the old corporation 'of Wasliinii,ton 7-30 certificates 
which fell due under Mayor Emery, for a debt contracted under Mayor 
IJowen, matured. They had to be met. The sinking-fund commission 
had to make arrangements to meet them, Avhich they did by paying 
out of their treasury, and by borrowing a suflicient sum to pay 
them. They were all paid, except, I think, some forty or fifty thou- 
sand dollars which was held by i)rivate parties. Tlie bonds which 
were authorized to be issued by the legislative assembly, under 
the act of June 20, 1872, had not been sold, and have not yet been 
sold. The sinking-fund commission has been carrying that debt, with 
its interest, from that time to the present; so that the case stands in 
this way : Was the market in su(;h a c()n(lition that tlie sinking-fund 
bonds authorized to be issued, and which were issued, and which are 
now held as collateral, and which are used as collateral by the sinking- 
fund commissioners — was the market in such a condition that these 
bonds could be sold at a fair rate, the sinking-fund would have in hand 
some $250,000, instead of being, as they are now, borrowers and owing 
a considerable debt. Do I make myself intelligible '? 

Mr. Christy. I think so. 

Q. Do you know of any preference given to contractors, or those who 
have held by hypothecation, or ]>urchase, certificates in the ]>ayment by 
the treasurer of the board of puldic works ? — A. I do not know of any. 

Q. I will pass from that subject for a monlent. Do you know a con- 
tractor by the name of Laughlin or Laflin ? — A. There are two con- 
tractors of the board, one named .ATcLaughlin and the other Laflin. 

(^. Have you sold to either of those persons ? — .V. I have sold prop- 
erty to Laflin. 

Q. What did you receive ? — A. I received certificates of the board of 
pul)lic works. 

(^. When was this ? — A. The record shows. It was several months 
ago. The transaction was done through Mr. Wilson, my agent. 

Q. What amount in certificates and wimt amount in cash did you re- 
ceive ? — A. I did not receive a dollar in cash. 

Q. Where was the property situated ? — A. On Seventeenth street, be- 
tween K and L. 

Q. Have those certificates been since i>aid ? — A. They have not. I 
got some sewer-bonds for some of them, which I sold at 71 or 72 cents 
on the dollar. 

(}. Was it i)art of the condition of the purchase by ^Iv. Laflin that he 
sliouhl receive work under the board? — A. No, sir; he had all his work 
long before he bought the projterty. 

(^). Was the transaction conducted by yourself in person? — A. Ko, 
sir; by my agent. T had nothing to do with it in any sha])e or form. I 
did not know until the pro])osition was made to me that they were ne- 
gotiating about the house at all. 1 will state, in that connection, that 
the i)roposition was made to me to take certificates. I did it as much 
from the fact that it would not do for me to repudiate District securities 
as for any other reason. I made nothing by it. 

(}. And obtained no advantage? — A. Not a particle. I will state 
that all the contracts that they had were long anterior to the date of 
this sale. It had no connection, in any sha]>e oi' Ibrm, with that sale, and 
1 think it was a disadvantageous thing to me. 

Q. Have you, or any otlier member of the board of public; works, 
made any purchases of ]>r()perty in advance of the i)ublic declaiation 
that improvements were to be made, an<l in contemi)hition of such im- 
provements? — A. Xo, sir; never, in a single instance. 



19-1'2 AFFAIRS IN THE DISTKICT OF COLUMBIA. 

Q. And in that you iuclnde, so far as you know, every otlier member 
of the District governmeut and of the board of public worlds ? — A. I 
think I may; I am the only member of the board of public works who 
has operated in real estate 5 that I have done ever since I have attained 
my majority, and hope to continue to do so as long as I liye. 

Q. You have j)urchased real estate largely ? — A. Yes, sir. 

Q. Do you say distinctly that you have done so without reference to 
any contemplated improvements? — A. Without reference to any con- 
templated improvements. I would say, further, that I have sold, as 
appears from the testimony of Mr. Kilbonrn, some ground which I 
bought from Mr. Merrick. I sold it at 34 cents, and it advanced 
within a year and a half to 81. If I had had any intention of the kind 
that you refer to, I should certainly have held on to it. 

Mr. Merkiok. You did not buy it from me. I sold it long since. 
You bought it from the people, who purchased it from me. 1 sold the 
property in 18G3. 

The "Witness. I knew that you originally owned it. We were speak- 
ing of it the other day. 

Q. Do 3'ou know of Mr. Hodges's having any interest with Mr. Kil- 
bonrn in an}^ real estate transactions ? — A. I do not know anything at 
all about that. I do not know that he owned any, I do not know any- 
thing about Mr. Kdbonrn's real-estate operations. I never had but one 
real-estate transaction with Mr. Kilbonrn, that I know of, and that was 
some five or six years ago. 

Mr. Mereick. I see you give a comparative statement of the debts 
under the two administrations of Bowen and Emery, at page 1854. I 
do not understand that exactly, because in the last column here you 
give the total expenditures and liabilities incurred by assessments and 
debts in Bowen's administration at $4,000,000, and the total expen- 
ditures and liabilities incurred by assessments and debts in Emery's ad- 
ministration at $5,000,000, and so on, making an aggregate of $9,000,000. 
Now, was not the debt which was incurred in Bowen's administration 
carried as a burden into Emery's administration, so it is counted twice 
as against that? — A. Xo, sir; I think not. Bowen left a floating debt 
of over a million, beside the tax-levies and other deductions, and be- 
sides the special assessments made. 

Q. There was a general debt existing at the end of his administration 
of $1,243,200.56 ?— A. Yes, sir. 

Q. And then there was a general debt at the end of Emery's admin- 
istration of $3,170,000 ?— A. Yes, sir. 

Q. Was not that general debt at the end of Emery's administration 
partly caused by the burden thrown upon it by the antecedent adminis- 
tration, and of necessity so ; and therefore it appears to be a double 
charge from the way in which this account is stated ? — A. jSTo, sir; I 
think not. If you will look at that, you will see that the general taxes 
collected were so much ; total general expenditures, so much ; special 
assessments on account of improvements, so nuich ; general debt exist- 
ing at the end of administration, so much; total expenditures and lia- 
bilities incurred by assessments, so much, 

Q. Yes, I see it is put down that way ; but it looks to me as if the 
general debt of the one was carried into the general debt of the other. — 
A. I think not. It is all made up by the comptroller. 

Q. Y'ou say it is made up by the comptroller. It is not important, 
but I thought I would ask if you knew how it was. 

The Witness. No, I really do not know. I merely asked the comp- 
troller to make up a statement of the expenditures during the three 



TESTIMONY OF ALEXANDER R. SHEPHERD. llj-ij 

previous adiiiinistratioiis, and be presented mo witli what you liave 
read. 

[Witness stated tliat on lookin.i;- over tbe figures again he was con- 
vinced that it could not be a double charge, and explained, bj- reference 
to the statenient of the comptroller, the reasons why he came to this 
conclusion.] 

(i. You stated that you made up your account at the rate at which 
contracts should be awarded to parties uj^on the bids which were made, 
at the commencement of the administration under this general adver- 
tisement ! — A. Yes, sir. 

Q. Hadn't you and the other members of the board personal knowl- 
edge of the cost of the construction of wood and concrete pavement so 

as to form an independent ? — A. No, sir; I had no knowledge 

whatever. 1 never gave the subject any consideration. 

(»). Had you not been a member of the IMetropolitan Paving Com- 
l>any which had paved Pennsylvania avenue? — A. I invested 82,500, 
for the benelit of my brother-in-law, in that company, but I knew no 
more about what the profits were, or anything in connection with it, 
than did any member of this committee. 

(^|. Then the oidy mode you resorted to, for the purpose of ascertain- 
ing what should be the cost of improvements was tliese bids made under 
the advertisement ? — A. Was the bids made under the advertisement, 
and the information received from other cities. 

(^. Did you or not at any subsequent period of the administration ot 
the board, take any pains to ascertain what was the actual cost of these 
wood ])avements by ascertaining the cost of the various items that 
went into their construction, with a view to the modification of the 
charges '! — A. I was convinced, and am convinced now that 83.50 a j'ard 
for a treated-wood pavement, properly laid, will not pay more than 
a fair business percentage for laying it, and that in the matter of 
concrete pavements it is a very risky business to lay them at 83.1*0. I 
think that a man who lays his pavement properly makes less on it than 
he could make on the same amount of time and talent invested in 
almost any other business. 

I want to call the attention of the committee, while we are on this 
subject, to a comparative statement of the "debts, property, expenses, 
ami ])ublic im])rovements of American cities, compiled from ohicial rec- 
ords." It will be found on page 18 of the Report of 1873, and is as 
follows : 



1944 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 







-^ 


^ ir. o 


£ 


£ 


Hr 


■saiBtu-st'y 




"^ 


^ ^ ^ --■ 










2? X) 


o> 


in i^ 00 m — o 


o 


•^ 


L" 


■sj8ii.ag 




s? 


t~ (?» (N (J» ^00 


t- 


■V 


CO 




8<=^ 


^ 


CI O =-. ,^ TO O 


co 


CO 


,^ 


eaiBui-io^TJAi. 


r 




^ CO - gU-.CC 


CI 

CO 




* 




1"^ 


OOO OOO OOLCOmOlOO 


■ O LO 


o 




o 


o in o 




oo 


rH O TT 


m m o CI t- I- in i^ o 


' in ^ 






in 


Scjm 






in CO 


tH lOrH 


'T T CJ "3- 1-1 Cl CO Cl -3" 


JOJCI 


,_! 




CO 


OJCJrH 




6 ^ 


5l& 








!<>• 








u» 


















=4- 


o in 00 1 rt 1 — c- 


^ -O II 


• 'I' c 


1 o oo 


joe 


1 O CO CI CO 1 rH II 




O in 


CJ " 




t- rH 


' t^ 


[ t~ t^ 


O rH 






. *> 




1 C> 1 Ci 


c( 11 c^n r;~r;r;~ 




1 1 


CI 


CI 




c r^ 




1 1 












a 


izia 




1 


1 




1 II 


1 

11 


1 II IP 


a 






























« 












































































cS 






































Ph 




















^ 




















-d 










o 








go 




^ '. '. 




a 






a 






































M 


1i 

^3r 


3 oi2 


a o S o.= * a o o c ? 


o 


1| g|1 






-= o-£ 


o 








S?^ m5=^ 




■*5< 


■v 


LO CO O O CJ CJ 




Ln 


CI 


■ption jad 


m 


« 


Ci 'S' 00 t- CJ QO 




o 




^^ 


■X 


—.CO -^ ^ r^ ir^ 


IT 


o 


o 


iqep JO ;.inv 


'■fi' 


C-. 


m 'T Lo in '3- ^ 






00 




^ 


o 


o o o o o o 


c 


o 


o 




o 


o 


o o o o o o 










o 


1^ 


O O CO o o o 


<= 


o 


o 




o 




O O O O O C( 


CO 


o 


o 




cr. 




O O —1 CO O CO 








^ 
















c^ 


ct 


co' —' ctT o'of-"^ 


c= 


co" 


o 


P 


o 


o 


t- C i^ CJ o o 




0! 




o 


o 






o 


o 




^~ 


TC" 


Cj" -"T oo" 'TCo'l'T 




o" 


L*" 




« 


n 


i-l CO 


c" 


CI 




















■?/j» 












.A 


Oi 


o 


o o o o o o 


o o 


o 


• rt o 




o 


o o o o o o 


o o 


o 


p » 


t— 


o 


o o m CI c: o 


J- 


CI 


CO 


tf 3 


^ 




So ^ — OL O 


CO CO 




;: '^ 


o 




O O QO CO CO O 


oc 




CO 


P Ci* 


















_o 


co" o" c^ rCt^iri 


CO o 




-32 






-f i- O OL CO CO 


CO X 


o 






•r CJ t^ in '30 CO 


O —1 


CO 
















H S 


o" 


i- 


rH 00 — 


CO CI 


















'tl 


(^ 














c\ 


o 


o T3 00 c :; — . 




in 


,^ 


•su; JO a^jua 


CI 




T-i m CI m — o 
CI CI T-1 CI ^ in 


£ 


' CI 


CJ 






o 


oj 


o o o C!--in 


o o 


m 
















r^ 






« 


■^ 


O O O O rH 


^ c; 


CI 






«" 


'S 


rr~ o" -h" — 'i^'i-" 


<- 


oc" 


(— " 






in 




CO C5 C-: CI X f-^ 


C: t- 






3 


t~ 


F^ 


■^T m .:c GL' CO -r 


rt CI 


o 




o 


rxT 


i^" 


o" Lo co" c-r-r oo" 


-t"" o' 


rr" 




H 


c» 


o 


CO rH m c! .-: CO 


GO X 










C) 


CO 


CI rH 








^ 












^ 




4fe. 












L^ 






























O 




o 










o ci oi m 


o o 


m 






o 










O ^ CO o 




in 


i- 


p 


"rt 


o 










CI i- t- ■* 


O LO 


C! 


ft 




cT 










in in-*c-r 


CI -1- 


CO 


c 


ou 












rr CO 


o 






& 










i- C S (- 


O rH 


o 
























^ 


O) 












co" cfinun" 










FM 


o 










CI rH 
CI 


■^ 


CO 




C3 




<fe 










































o 










O <= CI o 


o o 


o 




















o 






M 










CI CO ci i-^ 


ex.' T 


o 




^ 


c^ 










co" incfin" 


-i"" >r" 


^ 




ci 












00 t~ i^ o 


o rr 


'O 




CJ 


o 










o r-- t' t- 






o 




(h 
































O t- 00 CI 


C-. CI 


CO 






« 










f- rH CI C^ 


C! rH 








«© 




















(?)! 


Oi 


CO o o o o o 


o § 


o 


rt . 


CI 


o 


rr o o o <= o 


CO o 


o 


"3 s 


OJ 


o 


in O LO TT T o 


o ^_ 


■^ 


1-2 


of 


to" 


cf oc" o — "crx" 


i; 


;" = 


ci" 






00 CI in CO to — 




CO 


S 


C3 


CO 


IN rH 


■^ "^ 




>j 


































































a 






















<« 


.is! 




i? 










.2 


;_ 


o 






;■:; ra ; — 










o 

a 


tS 


3 


fi fill 


C 


M 


"^ 






o 
p 




- *rt 


o 






^ 




f 


; 


'- 


r 


pi 


I 




n 


p 


H< 


P5 


C 


■) M 


Fh 





TESTIMONY OF ALEXANDER R. SilEPflERD. 



1945 



•-": o o c o s 

^ L- I( « i- t- 



rt ^: r: >-( 






CI 


V 


r-i 


QD 


'-' 


— 








— 
















n r> 


•71 


r-<?> 


0> 




fM 






















■» 









tte 

iS if:.': 

!!| 

° £ — 
■c'c'5 



•- 3 S S. 



194f) AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Merrick : 

Q. At page 534 of the testimony you give a statement marked " Ue- 
ceipts of the government of the District of Cohimbia and of the board 
of public works, and the date of its organization, June 1, 1871.'' You 
give a statement of the aggregate receipts of the government of the 
District of Columbia and the board of public works. The first item is 
$3,105,000.39. That was in money, I i)resume ? — A. I suppose it is 
money. I really do not know what it is. 

Q. Then the tkird item is receipts from the United States Govern- 
ment, $3,522,801.18. That is money reeeived from the United States? — 
A. Yes, sir; that is money. 

Q. Now will you tell me if there be any other matter of money in those 
aggregate receipts except those two items, or are not the rest represent- 
atives of indebtment in some form or another? — A. No, sir; that was 
received from the District in bonds and proceeds of bonds sold. Four 
millions of that was in money received. 

Q. But that is representative of indebtment ? — A. O, yes, sir; it Avas 
bonds of the District. 

Q. I speak now of the receipt ot money, as distinguished from the re- 
ceipt of securities, for the purpose of ascertaining how much money you 
have received at all during your administration. — A. Well, there is one 
item there received from 10 jier cent, assessment- certificates. That was 
received in money from the sale of those certificates. 

Q. Seven hundred and fifty-one thousand nine hundred and twenty- 
one dollars and thirty-three cents?— A. That was money received from 
the assessment-certificates from personal proi^erty. 

Q. Was there any other moneyed element besides those three ? — A. 
No, sir ; I do not know of any. There may be some others. 

Q. Then all your other receipts besides those are chargeable as mat- 
ters of debt against the District government, although in the form of 
money received from securities ? — A. Not against the District govern- 
ment. 

Q. The District government and board of public works? — A. No, sir; 
against private-property owners. Two of them, the 8 per cent, special- 
improvement certificates and 8 per cent, sewer-certificates 

Q. Those are still outstanding matters of iudebtmeut? They are not 
money ? — A. They have been paid ; one and one-half millions have been 
received for taxes; one and one-fourth millions, probably. 

Q. The sewer-certificates and special-improvement certificates have 
been taken up? — A. Y'es, sir, and canceled, about one and one half mil- 
lions or one and one-fourth millions. 

Q. Of the $1,280,000?— A. Yes, sir. 

Q. That is all, then. Those four items constitute all the money re- 
ceipts of the District government and the board of public works since 
their organization? — A. The moneyed receipts you can get very easily. 
There is over eight millions in money and from the proceeds of bonds. 

Q. Y^es, Ifat 1 do not speak of the proceeds of bonds, because bonds 
are still outstanding, and matters of debt. I want to distinguish between 
the actual moneyed receipts and proceeds of securities which are still to 
be redeemed in some form or other. 

The Chairman. You are trying to find out the amount received from 
the General Government, and theamount received from taxes in money. 

Mr. ]\[ERRICK. Yes, sir ; I want to see what is all the available money 
they have received as distinguished from the proceeds of securities 
which are hereafter to be met, and which in point of fact are still a debt 



TESTIMONY OF ALEXANDER R. SHEPHERD. 11)47 

altlion^h assnnniio- tlio form of money in that statement. I nnderstand 
aim now to say what 1 snpposed was the fact before — that it consists 
of those four items, liist, third, seventh, one and a half millions beini;- 
proceeds realized from the payment of the certificates as against the 
projierty 

]\[r. Wilson. Have yon aggregated it ? 

]\rr. Meiikick. Xo, sir, I have not; but it is about 88,000,000. 

The Witness. The receipts in money -would be about $8,000,000. 
The receipts from bonds sold to settle up the old indebtedness, funding 
and 

]\Ir. ^Merrick. They are still outstanding? 

The AViTNESS. IJut of course they were outstanding before. They 
have only been funded. 

Mr. Mekuick. I am only speaking now, and trying to get at the dif- 
ference between actual money and outstanding obligations, no matter 
what form they assume. 

The Witness. liut you should state it fairly. Here is about 84,000,- 

000 that existed before the board of public works came in, ami which 
had to be funded. It is not right to put that in as something not re- 
ceived in money, because that was merely funding an old indebtedness. 

Mr. ]MERRirK. Still, that makes it a part of the aggregate indebted- 
ness of the District of Columbia to pay. 

The AN'iTNESS. Xo, it does not. J:\y the organic act it is made the 
duty of the cities of Georgetown and Wasliingtou to pay them. The 
District government cannot pay them. 

Q. It is an obligation as against the people I — A. Against those two 
old coi'porations. 

Q. And they go to make up the aggregate of the ten millions limitation 
of debt ' — A. Yes, sir; because it was a debt incurred before. 

By Mr. Merrick : 
~ Q. You have not given anywhere in answer to our inquiries a tabu- 
lated statement of the whole amount of the indebtedness of the District 
of Columbia and the board of public works, whether funded or unfunded, 
up to the ])resent time ?— A. Yes; the whole of it is given in this report. 

1 am making out a separate statement of the tioating debt for the com- 
mittee. They have asked for it. 

(^. Where is it given ? — A. Give me a copy of that report, ami I will 
show you, (copy of report handed to witness.) 

Q. You gave a statement of the debt of the old corporation and of the 
debt of the District goA'ernment. I am speaking now of the aggre- 
gat<; indebtedness of the old corporation, of the new I^istrict govern- 
ment, and of the board of ])ublic works. — A. If you will turn to page 23 
of 7ny answer, you will find the debt of the old corporations to be 
8i,'5~)0,l 80.01. You turn to page 24, you Avill find the funded debt of the 
District is 8~>,527,8.'jO. Xow, if you will turn to page 403, you will see 
there the sum of 8407,870.')2, which was the indebtedness of the District 
government on the day of tlie rendition of this answer. That was the 
tioating indebtedness of the District. Jf you will look just below you 
will find the liabilities of the board of ])uljlic works at s t,r)r)2,05,S.7(>, 
from which ^ou want to deduct securities on hand, balance due on 
account of general sewerage and assessments, aggregate about 
83,000,000; it is all in detail there. 

i). Thnl don't come down to and include what is stated in the account 
of outlays by the auditor of the board of i)ublic works, as given here a 
day or two ago '. — A. Yes, sir; it includes everything. 



1948 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. That amount, given by the auditor, if I understand it, does 
not fully represent all the ascertained liabilities up to this time, for the 
reason that the contracts which are in process of execution, while cer- 
tificates of settlement have been made for the amount of work done, 
yet 20 per cent, has been retained upon uncompleted contracts to the 
amount already done. — A. Only a small portion of them. 

Q. 20 per cent. "? — A. No ; only a small portion of them ; most of the 
contracts have been settled for — brick pavement and things of that 
kind. The times for which the iiercentage has been retained have ex- 
I)ired and been paid. 

Q. Have you any idea of what amount that 20 per cent, will aggre- 
gate ? — A. It Avill aggregate very little, because, as I say, the contracts 
specified this 20 per cent shall be retained for a certain number of 
mouths. In many instances this time has elapsed, and the final settle- 
ment has been made. 

By Mr. Meerick : 

Q. Perhaps I had better ask Mr. Lay ; he can answer directly. 

The Witness. Yes, sir ; he can answer directly. 

The Chairman. While upon that question of the floating debt, I wish 
you would have a statement made, showing separately the amount of 
auditor's certificates still outstanding. — A. That is stated in this re- 
port. 

Q. A distinct item of that 1 — A. Yes, sir. 

By Mr. Wilson : 

Q. There have been a great many issued since that, from a statement 
made here a few days ago ? — A. There have been some issues, I sup- 
pose, in settlement of accounts and the work that is being done. I can 
have it brought up to date. 

Mr. Wilson. I think it would be well to bring it up to date. 

The Witness. Very well, sir. 

By Mr. Bass : 

Q. What are the board certificates referred to on page 3G4 ? — A. 
Those are what are called auditor's certificates. Thej are vouchers, 
that is what they are. 

Q. The item above, if you will observe. 

The AYiTNESS. O, board certificates. Well, sometime ago — it has 
been a year and a half ago, I guess — the board issued a different form of 
certificates in order to help the people who had auditor's certificates to 
pay their taxes. They issued another form of certificates, signed by the 
auditor and the secretary and treasurer of the board, in sums from $100 
to $500, which were receivable for special taxes, and a good many 
special taxes were paid in bills. When the legislature met, however, 
they passed a law changing this method, and authorizing the issue of a 
different certificate, what is called 8 per cent, certificates, and these are 
outstanding certificates issued by the board of public works on that ac- 
count. 

Q. They have been issued, then, in cancellation, or taking up the 
auditor's certificates ? — A. Y"es, sir. 

Mr. J. C. Lay recalled. 

By Mr. IMerrick : 
Q. Y^our ledger which you produced heie on Friday, showed settle- 
ments for the various debts incurred by the board of public works to 



TESTIMONY OF ALEXANDER R. SHEPHERD. 1949 

tlie amount of 81,800,000 odd; I do not know bow much. Xow, can you 
tell ns, either actually or approximately, how much more is due u[»on 
these accounts that have been stated, by reason of the UO per cent, that 
has been withheld for the wcnk already executed, and yet the contracts 
themselves not bein^linally C(>mi)leted, the board withholds, as I under- 
stand, under their rule, I'O i)er cent, of the amount due for the purpose 
of beini;- a surety for the untinished portion of the contract '! — A. Well, 
I would not like to make an approximate estimate of anything of that 
kind. I could tell you from the books. I have it all in the books. 

Mr. Merrick. I would be glad if you would run over the books and 
make a statement of that, because that will show the substance of the 
outlay or debt already actually incurred. 

Governor SnEi'iiERD. Have not most of the percentages been paid ? 

The Witness. A good many, not most of them. 

Governoi' Shepherd. Just furnish a statement of everything in rela- 
tion to the matter. 

Governor Shepherd recalled. 
By Mr. Wilson : 

Q. If I have understood your testimony, the 81,210,000 appropriation, 
when that appropriation was made the board of public works was already 
indebted to that amount, and the money was used to pay that indebted- 
ness ? — A. Yes, sir. 

Q. And the same with reference to the 81,000,000 appropriation ? — A. 
Yes, sir. 

Q. And substantially the same Avith reference to the 8013,000 appro- 
priation i — A. Yes, sir. 

Q. At the time these appropriations were made an indebtedness had 
already been incurred, to the payment of which these several appro- 
priations were applied ? — A. Y'es, sir. 

Q. Xow, your attention was called this forenoon to these requisitions 
— one of 8^00,000, and one of 8130,000,1 believe it was; and over 
8200,000 was made Just prior to the publication of the report of 1873. 
Y'ou referred the committee to the act of the legislative assembh', first 
session, page 42. That act was an appropriation for the purpose of 
making up the full sum of 84,000,000 — that was to supply the deficiency 
in that four millions by reason of the discount? — A. Yes, sir. 

Q. The se(;ond section of that act is as follows : ^^And he it further en- 
acted, That, in vicAv of the emergency arising from the necessity for the im- 
mediate pnyment by the board of public works of outstanding claims 
for work done in the improvement of the District, this act shall take 
effect immediately ui)on its passage. Approved June 23, 1873." 1 take ic 
from that that the money had also been anticipated by the board. In 
other words, the board had already contracted an indebtedness, and 
this appropriation was used for the purposeofre-imbursing that indebt- 
edness ^ — A. That emergency clause was put in, I take it, because it 
would take some time to get the bonds ready. AVhat date is that law ? 

.Mr. Wilson. On the 23d June, 1873. 

The Witness. We could not get the boruls ready to sign them before 
August, and I sui>pose it was to save thirty days that clause was put in. 

Q. Is it a fact, however, that the board had already incurred liabili- 
ties to the extent of this, aiul you deemed it necessary to have this ajv 
l)ro))riation ". — A. They were constantly incurring liabilities; they were 
working a large force of men with a good many contracts, and the lia- 
bilities were incurritig. TIic organic act provides that no law shall 
take etl'ect until thirty days after its ]>assage, unless there is an emerg- 
ency clause, which requires a two-thirds vote to pass it, 1 think. 



1950 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You will observe the pliraseology of ibis section. " In view of 
tbe emergency arising from tbe necessity for tbe immediate payment by 
tbe board of public works of outstanding claims for work done in tbe 
improvements of tbe District, tbis act sball take effect immediately' 
upon its i)assage." Is tbat a correct recital of tbe condition of affairs 
at tbat time ? — A. I do not tbink it is. I do not tbink tbe pbraseology 
is correct. It is meant to apply to work tbat was in progress. 

Q. Tbe next law to wbicb you refer tbe committee is found on page 
56, and for tbe purpose of getting tbe matter distinctly before tbe com- 
mittee, I will read tbe act in order to get it in tbe record just at tbis 
point. It is sbort. 

Act of 2d legislative assemhJij, CH.vr. XIII. — An act making appropriation for re-im- 
bursing tbe board of pnblic works of tlie District of Cohimbia for the money expended 
by tliem for tbe erection and repair of pumps, cleaning and repair of streets, and rais- 
ing and underpinning of bouses and market-bouses. 

Be it enacted, cj-c., Tliat tlie following sums be, and tbe same are bereby, appropriated, 
to re-imburse tbe board of public works of tbe District of Colnmbia, viz : 

For tbe erection and repairs of pumps, fifty-one thousand dollars. 

For cleaning and repairs of streets, two hundred and sixty-two thousand eight bun- 
die:! and fifty-live dollars. 

For raising and underpinning bouses, one hundred and fifty thousand dollars. 

For raising and under[)inniug Georgetown market-house, three thousand five hun- 
dred and fifty-seven dollars and seventy-one cents. 

For amount expended on Northern market-bouse, twelve thousand and twenty-six 
dollars and forty-eight cents : Provided, That the money bereby appropriated sball be 
paid out by tbe treasurer of the District of Columbia, upon warrants drawn by tbe 
governor and comptroller of the said District. 

Sec. 2. And he it farther enacted, Tbat to enable tbe governor to pay tbe above appro- 
priations, be is bereby authorized to issue bonds of the District of Columbia, bearing 
interest at the rate of seven per cent, per annum, not to exceed the sum of five hun- 
dred and thirty thousand dollars, wbicb sball be sold by tbe governor, tbe proceeds 
thereof used for the purposes above specified, and for no other purposes whatsoever. 

Approved, June 25, 1873. 

Q. If I understood your testimony a few days ago tbese liabilities 

had already been incurred and such would seem to be A. Tbis is 

tbe amount wbicb was reimbursed. 

Q, Yes; tbe liabilities bad already been incurred for wbicb tbis ap- 
propriation was made! — A. A portion of them bad. ISTow, in regard 
to underpinning and raising of bouses, tbat work was going on at tbe 
time of tbe passage of tbe act, and we figured up wbat bad already' 
been expended and added to it wbat it would cost to complete it, and 
tbe ap])ropriation was made in tbat way. 

Q. Tbe provision in tbe first section of tbis act is, " tbat tbe money 
bereby appropriated sball be paid out by tbe treasurer of tbe District of 
Columbia, upon warrants drawn by tbe governor and comptroller of tbe 
said District." Was tbat done? — A. Tbat was done, I presume. It could 
not have been gotten out of tbe treasury iu any otber way. 

(}. Was it paid to Mr. Magruder "? — A. To bim, as treasurer of tbe 
board. 

Q. But it was to be paid out by tbe treasurer of tbe District of Co- 
lumbia? — A. It was paid out by tbe treasurer of tbe District to tbe 
treasurer of tbe board of public works. 

(ij. Did tbe treasurer of tbe District of Columbia pay any moneys to 
tbe treasurer of tbe board of public works '? — A. He paid tbe bonds. 

Q. I now call your attention to tbe second section, wbicb I have al- 
ready cited. If I understand you now, tbe bonds were issued, and, in- 
stead of tbe bonds being sold by you, tbe bonds tbemselves were paid 
out? — A. Yes, sir; tbe contractors lost tbe discount on them, instead of 
tbe District. 

Q. Were those bonds paid out to contractors who had done the spe- 



TESTIMO^'Y OF ALEXANDER R. SHEPHERD. 1051 

cific wor* named in this contract, or were tliey paid out generally ? — A. 
O, a ^"ery larj>e i)ortion of that work bad been paid for a year before 
the passage of that act — for repairs of ))anips and things of that kind -, 
they were used as an asset of the board, and paid out to such contract- 
ors as saw proper to take thcni. 

Q. Instead, then, of being paid out specifically for the i)nr[)Oses set 
forth in this act, they wore issued and paid out by the treasurer of the 
board of public works, Mr. Magruder, generally, on the indebtedness of 
the board. Is that correct .' — A. Correct, with this niodilication, that 
most of it had already been expended by the board, and it was merely 
a reimbursement of the general fund of the board of the amount whicli 
had been paid out previously on this account — making the general fund 
good. 

Q. These bonds were used, then, to make up deficiencies of the gen- 
eral fund of the board of public works ? — A. They were turned right 
into the treasury and paid out as everything else. 

Q. Bo you know whether there is a record showing who received 
these bonds f — A. Indeed, I do not. 

By Mr. Stanton : 
Q. Is that the act on page 06 ? — A. Yes, sir. 

Q. Do yon know what disposition Mr. Magruder made of those bonds 1 
^Ir. Stanton. I will call your attention to the first section which says 
" to re iuiburse the board of i)ublic works." 
3Ir. Wilson. I know it is peculiar in its phraseology. 

By the Chairman : 
Q. ^Vere those paid out at par? — A. Yes, sir. 
(>). At their face-value t — A. Yes, sir. 

By Mr. Wilson : 

Q. What was the disposition made of them by ^Er. Magruiler ? — A. I 
am not able to state. 

Q. Then, if I understand you, (and, if I do not, please correct me, for 
I wish to understand the facts as they are,) this work had been sub- 
stantially done * — A. A large portion of it. 

Q. The principal part of it had been done and already i)aid lor l>y 
the board of public works, and in advance of this appropriation:' — A. 
Yes, sir. 

Q. Now will you explain to the committee why that was done, when 
the :>7tli section of the organic act provides that said board of public 
works shall have no jxiwer to make contracts to bind said District to 
the payment of any sums of money, except in pursuance of appropria- 
tions made by law, and not until such appropriations shall have been 
made .'—A. That is plain enough. We treated the whole of these things 
as improvements. They were improvements. The appropriations were 
made for these improvements. 

Q. How about the 8.j0(),000 appropriation .'—A. A portion of that 
has been exi)ended on these very things— these repairs of market- 
houses, iiumi»s, vlvc. 

(i. You had exceeded the >!.jOO,()()(»ai)proi)riation of which you speak .' 

The Witness. Jlow do you mean exceeded it ,' 

(^ Voti had gf)ne beyond that ?— A. Yes, sir; spent that and the three 
and a half millions besides. You asked by what authoiity. 1 say we, 
had the authcrity from the lirst ai»propriat"ion of ."rf^lK^OOo'to carry out 
such improvements as the board of [)ui»lic works might deem lit and 
proper. 

Q. Did you have authority to go bevoml it .'--A. We did not go be- 



1952 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

yoncl it. A iiortiou of this work the appropriation was made forbad not 
been completed. It Avas then in process. The underpinning of these 
houses was in process at the date of this law re-imbursing the amount. 

Q. 1 do not see how you got any debt, then. — A. We do not under- 
stand one another, I am afraid. 

Q. I am afraid we do not. — A. What I mean to say is this : You asked 
me what authority we had to repair pumps, and to underpin houses, and 
these other thing which are covered in this appropriation of June 25, 
1873. I say to you that we had authority in the first appropriation 
bill, which appropriated a half million of dollars for improvements gen- 
early, without specifying any of the details, what they should be, leav- 
ing it discretionary with the board as to what class of imx)rovements 
we should make. Under that we made all improvements necessary for 
the ])roper conduct of affairs in the District ; and under this $500,000 
appropriation we had authority to expend money in repairing pumps, 
raising market-houses, and anything else that was necessary to keep a 
proper administration of the District. 

Q. Where is that ? — A. It is the act dated August 11, 1871, and is as 
follows : 

Jets legislative assembly — ChaiHer XXX. 

Be it enacted, 4'C., TLat the governor is hereby authorized to anticipate the rev- 
enue of the District which may arise from the assessment and collection of taxes 
during the current year to the amount of five hundred thousand dollars, ■^hich 
sum sball be expended and disbursed for the improvement and repairs of the streets, 
avenues, alleys, and roads in the said District, and for the construction and repairs of 
sewers, bridges, and other public works therein, according to the provision of the 
thirty-seventh section of an act of the Congress of the United States, entitled " An act 
to provide a government for the District of Columbia," approved February twenty-one^ 
eighteen huucbed and seventj'-one. 

Sec. 2. And be it further enacted, That, in view of the emergency arising from the 
necessity for the improvement and repairs of the streets, avenues, alleys, sewers, roads, 
and bridges in the District of Columbia, this act shall take effect immediately upon 
its passage. 

Approved, August 11, 1871. 

Q. That was the act approved August 11, 1871, and which appropri- 
ated $500,000, and that was expended f — A. Yes, sir. 

Q. And in addition to that the board had made further expenditures 
which made it necessary to i)ass the other act to which I called atten- 
tion ? — A. The board had made expenditures upon these certain things 
which were authorized by this law, but which should not properly have 
come out of this $4,000,000 bill. 

Q. You regarded this an appropriation bill to the extent of $500,000 ? — 
A. To the extent of any such improvement as might be needed. 

Q. The point I want to get at is this : Did you make expenditures 
beyond that $500,000 ? 

The Witness. On account of these other items ? 

Q. Yes, sir. — A. is o, sir j we had not expended the $500,000 on ac- 
count of them. 

Q. Had you not expended this $500,000 at the time ? — A. Not the 
whole of it. 

Q. Then what was the occasion for a re-imbursement ! — A. Because 
the work was going on. As I say, after the underpinning of these 
houses, a large portion of that was done after the appropriation of the 
$500,000. Some of it had been done, and some was in process of com- 
jjletion ; and it was to reimburse these expenditures which had been 
made back to the board, so that the $500,000 there would go to the im- 
provement of streets, avenues, and things of that kind, that this was 
^lone 



TESTIMONY OF ALEXANDER K. SHEPHERD. 1953 

By Mr. Merrick : 

Q. Was not the l)istoi\v of that SoOO,000 appropriation this, that the 
four-million loan, the proeeedinjis under it, had l)een enjoined in the 
courts, and for the jinrpose of obviating;' the effect of this injunction, was 
not this $r>0(i, ()(»() ap[)roi)riation made ? — A. Yes, sir. 

Q. And it was to enable you to carry ont your contracts which you 
had contemplated or initiated under the four-million loan ? — A. We had 
not made any contracts or initiated any at that time. It was not until 
a month afterward that we let any at all. 

Q. Your contracts were made l)efore the injunction was dissolved? — 
A. The injunction was dissolved about the 1st of October. The con- 
tracts were made about the loth of ^September — some of them — and 
work bcjiun undei- them. 

Q. And the authority under which you let those conti'acts of the 15th 
of iSeptember was the authority conferred by this $.j(K),0()0 a})proi)ria- 
tion ". — A. Yes, sir ; it was dedicated to the carry injj; out of any improve- 
ments that might be necessary. It wa^s passed with that view. 

Q. The contracts amounted to $5()(>,(>()0 themselves? — A. No, sir; 
the contracts at that time only amounted, as you will see by turning" to 
the record, to 82l>4,l-i4.24:. That was tlie amount of the contracts let on 
the 15tli of Sei)tember, under the act of the legislature, a[)i)roved 
August 11, 1871. 

By Mr. Stanton : 

Q. In the testimony of John Collins, on page 1013, I find it stated, 
" I was awarded a contract for pavina" N street and also Thirteenth 
street — a portion ot Thirteenth street, in which Mr. Murtagh claimed be 
had some interest." \Yere you aware, at the time of awarding the cou- 
tract, that ^Ir. Murtagh had obtained any interest? — A. I was not. Mr. 
Murtagh had a building that he was putting np at the corner of Thir- 
teenth street and Pennsylvania avenue, and asked me to give the work 
to ]Mr. Collins. I was anxious to get it done. I gave it to him. 

Q. Mr. Collins had been a resident here for a great many years, and a 
contractor ? — A. Yes, sir;, and a very efficient contractor, as I have be- 
fore stated. He was one of the most efficient ones that we have ever 
bad. 

Q. Inquiries were put to you concerning sales of real estate in which 
a consideration — i)nt in whole in one case, and in part in another — con- 
sisted of certificates of the boird. AVas it for any j)urp()se of specu- 
lating in securities of that kind that they were ac(!e[>ted by you ? — A. 
None whatever. It was a very disadvantageous proposition for me to 
entertain. But the question was put directly to me. whether I would 
take District securities for certain property which I lield, and I said I 
would, after thinking the matter over for a few minutes, at the i)rice 
fixed ui)on the property long anterior to the date at which it took i)lace 

By Mr. Bass: 

Q. I confess, governor, I do not fully understand this matter of appro- 
priations, and yet, perhaps, it is owing to my dullness. 

The Witness No, I do not think that is the case. 

Q. This ])rovisi()n of the organic; act, if I understand it, contenq»lates 
that the l)oard of |)nblic works shall not incur any debt against the 
District until an a])|)i-opriation shall have been made. Now, your audit- 
or's certificates indicate that you have done over $18,000,000 worth of 
work ? — A. Yes, sir. 

Q. Which, of course, is a debt against tlio District. I cannot find, 
123 DOT 



1954 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

where there has been tiuy such auiounts of appropriations as $18,000,000, 
n[)on \vl)ich the board of pnblic works was authorized to issue certifi- 
cates of in(h^btedness against the District. — A. On page 428 of this in- 
vestigation there is in detail all the appropriations made. Judge Wil- 
son raised the (piestion about some of these appropriations. Of course, 
I am not a lawyer, and am not able to discuss that matter; but that is 
what we acted on. 

Q. That last item, the $5,217,000, is an assessment? — A. Yes, sir; 
that is, the organic act made a part of the approi)riation, as I under- 
stand it. The law says that we shall assess one-third of the cost upon 
property bordering, and that, it strikes me, is an appropriation. It is 
treated so by the legislative assembly and by Congress in the organic 
act. We have always so treated it, and made our reports to Congress 
based on that, and it has never been questioned. 

Q. That one third of the cost should be assessed ? Then you expected 
to derive your money — two thirds of the money — from other sources ; 
from appropriations either made by Congress or the legislative assem- 
bly, and the one-third from the property-holders'? — A. Yes, sir. 

Q. And you regard that third as an appropriation for this particular 
purpose, to make these improvements f — A. It cannot be regarded in 
any other light. That is the way it strikes me. 

Mr. Bass. It may be that is so. I wanted to get your view of it. 

A. They all aggregate $ 16,301,428.79. The auditor's certificates, how- 
ever, exceed that sum two or three millions of dollars. 

By Mr. Wilson: 
Q. We have had some complaints before us, made by some laboring 
men, with reference to the non-payment of their wages by the board of 
public works. I would like to ask you if there is any considerable 
amount due from the board of public works to laboring men for work 
done directly for the board of public works? — A. Very little, sir, for 
work done for the board by laboring men. There are one or two cases. 
Mr. Adams, it appears, has not paid his men; and there is a case of a 
man by the name of Shiner, an old contractor — a colored man — who 
didn't pay his laborers; but so far as the board of public works is con- 
cerned, tiie amount due to laboring men is very slight. They owe their 
employes and clerks a good deal, but the amount due laborers is quite 
small. ^ 

Q. Can you form any estimate of wITat it is? — A.- I can give you the 
exact amount. 

Q. I do not care for that particularly. — A. I will furnish you with an 
exact statement of it if you desire. 

Q. Well, sir, you may. — A. The amount, up to the date of rendering 
my answer ; if you will turn to page 4Go, the total amount due employes 
and laborers at that time was $120,707.92 ; that included all the em- 
ployes of the board. 

Q. Is there any money now in the treasury of the board of public 
works? — A. No, sir. 

Q. Or in the treasury of the District of Columbia? — A. There is 
some $9,000 in the treasury of the District of Columbia. We paid on 
the 1st of this month. May— we paid some 840,000 on interest, and have 
a little more to pay. 

Q. The reason I call your attention is this: There is $5,000 of the 
board of imblic works to the credit of this city-hall fund. It occurs to 
the committee if there could be any way to provide for these laboring 
men it would be well to do it. The committee has been given special 



TESTIMONY OF ALEXANDER R. SHERHERD. 1955 

directions by the House to inquire into this matter of tlie Metropolitan- 
police 11111(1: why it is tlie [)olice liave not been paid. Have you any 
statement to make on this subject !—A. 1 put in a statement in the be- 
giniiinji- of this controversy, which showed that they had been paid all 
that had been received. 

Q. If that is already in, I do not care about pressing it. 

Mr. Mkhkk'k. That matter was impiired about immediately after we 
concluded the impiry about the school-fund. 

Governor Shepherd. I i>ut the otiicial statemeut iu ; that amount had 
been paid as far as collected. I think you will find it on page 45, 

[Mr. Christy presents the letter of Mr. Chase regarding the value of 
wooden pavements, i)rice, &c., and also other documents relating to 
tlu' same subject, which are taken into consideration by the committee. 
.Mr, Christy presents the following statement relative to the police fund, 
whifh being objected to by ]\Ir. Stanton on the ground that it was not 
verified in any way, the chairman said that it might go into the record 
and be printed, being taken for what it is worth. H the committee 
found it inaccurate on examination, they would of course give it no con- 
sideration. Mr. Merrick stated that it was presented as an aid to the 
committee, it being a paper of reference more than anything else.] 

METROPOLITAN POLICE FUND. 

ComptroUer's report, Jpril, 187:5. Tax-Jevy year eiiditu/, June 30, 1872. 

Collected to 

June HO, 1872, 

page 22'J. 

Page 222.— Eor Washington, 20170 ?;124, 842 G7 §105, 667 56 

Por Georgetown, 20-95 12, 072 87 10, 136 25 

For county, 15-S5 9, 750 00 8, 462 75 

146, 605 54 124, 266 56 

Tax-levy for the vear ending .June 30, 1873: 

224.— For Washington, 15-170 S109, 320 57 

For Georgetown, 1.5-170 9, 54'J 73 

For county, 10-100 S, 623 05 

Totallevy 127,493 35 

Of these two levies, Collector Clephane (testimony page 25) .says 

that there were in arrears of the whole levy of 1872 -962, 388 41 

And of the levy for 1873 ." 2»t, 412 89 

Total arrears February 1, 1874 291, 801 30 

For which tax-lien certificates had been issued ; page 69 of answers gives cer- 
tificates issued as follows, charged as casli : 

For tax-lew l«71-72 §1, 343 62 

For tax-levy 1872-'73 260, 4 17 04 

Total certificates realized 331, 760 60 

That is to make up ^•>91, 801.30 of taxes in arrears for the levy of 1872-73. They 
sold certificat<'s to the amount of §331.760.61;. and had on hand unsold (Raker, 
p. 96) about $230,000 of .'tame certitirato.'i ; and (.'iiUeetor Cleph,ine (p. 25) testi- 
fies tliat nf tliis •^291.801.30 " there is a large portion wliicli is notiiroperly tax- 
abb- ;" and it does not appear that any allowance ha.s been made for the dis- 
count allowed on payment of taxes. 
Assuniing that these certificates paid the arrears of taxes for these two years, 
there has been available for police purposes as follows : 

'I'axlevy of 1872 61 46, 665 54 

Tax-levy of 1873 127, 493 35 

Total 274, 158 89 

And tlie exjienditure.s have been as follows to December 31, 1873 : 

(joreriior^!^ aiiinvcr. 

Page 78.— For Washington to .Tune 30, 1872 ■?121,751 28 

For Washington to June 30, 1h73 ()5, 463 44 

79.— For Georgetown to June 30, 1872 13, 594 13 

For Georgetown to June 30, 1873 7, 574 75 



1956 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

MetropoUtau-police finid — Coiitiuued. 

Collected to 

June 30, 187-2, 

page S2:i. 

Page 80.— For county to June 30,1872 |0, 948 54 

Tor county to June 30.1873 3,924 64 

Total expenditures 219,256 78 

Balance iinexpended .54, 902 11 

71.— Tax-levy of 1874, collections to December 31, 1873, Washington 35, 186 45 

72.— Tax-lew of 1874, collections to Ueceiuber 31, 1873, Georgetown 2, 973 54 

73.— Tax-levy of 1874, collections to December 31, 1873, county 3, 037 42 

Total collections 41,197 41 

Expenditures to December 31, 1873 : 

78._ror Washington 21, 392 56 

79.— For Georgetown 2, 339 09 

80.— For county 1 , 570 56 

Total expenditures 25, 202 21 

Balance of collections to December 31, 1873 15, 995 20 

Add former balance 54, 902 11 

Total to credit of fund 70, 897 31 

In the answer the receipts from the tax-levy for the year ending June 30, 1872, 
an* gi^-en as follows to December 31, 1873 : 

Page 71, collections for Washington $105, 667 56 

Page 72, collections for Georgetown 10, 136 25 

Page 23, collections for county 8, 4G2 75 

Total colU^Lt ions, levy of 1872 $124, 26<> 5(.; 

By the comiitmlkrs report of April, 1873, page 222, this is the precise amount 
given as loUtited to June 30, 1872, and on page 25 he states that from June 30 
to December 31, 1672, there was collected, of th"e levy of 1872, .$40,384.50 ; and of 
this $5,155.36 belonged to the police-fund, making the total collections on that 
fund for 1872, to December 31, 1872. $129,421.92. 

According to the answer the collections for police-fund of th.e levy of 
1872 were, for the whole District, to December 31, 1873 .'... $24, 266 56 

And the expenditures 142, 293 95 

Excess of expenditures over collections 18, 027 39 

On the levy of 1873 the collections were 89, 780 45 

And the expenditures Tfi, 962 83 

Excess of collections 12, 817 62 

Add collections of levy of 1872, from June 30 to December 31, 1872 5, 155 36 

17, 972 98 

Excess of exxienditnres over collections for two years 54 41 

Balance unexpended levy of 1874, December 31, 1873 15, 995 20 

Balance to credit of fund on this statement 1.5, 940 79 

Compare Mr. Baker's testimony, page 6, and Mr. Clephane's, page 25, as to issne 
of certificates, with Baker's testimony, page 31, and his account of certificates 
sold, page 69 of answer. 

Having sold $331,760.66 of certificates to cover $291,801.30 of taxes, a large por- 
tion of which were not properly assessed, Mr. B. says the school-fund (and of 
course the police-fund) derived no benefit, because a balance of $229,000 of certifi- 
cates has not been sold. If there was an overissue of $40,000 December 31, 1873, 
why should they propose to issue $229,000 more ? 

<^)f this $331,760.66, about 10 per cent, belonged to the.police-fund, which would 
make above balance about $49,000. 

Mr. Stauton announces that the defense has closed its testimony with 
the exception of supplying certain documentary proof, called for by the 
board. Thereupon the committee adjourned until 11 o'clock to-morrow 
morning. 



AGREEMENT A8 TO ARGUMENT. 1057 

Tuesday, Maij 12, 1874. 

The committee met at 11 o'clock a. in., pnisnaut to adjounmient. 

The journal of yesterday's proceedings was read and approved. 

The Chairman. It was the niteiition of the committee to take the tes- 
timony of ]Mr. J. j>lickensderfer, jr., this morning-, but on consultation 
with him we find there are one or two matters that he desires to examine 
a little further. We will, therefore, postpoDC his examination until to- 
morrow morning. 

As the testimony on the part of the memorialists and the District 
government is practically closed, the question presents itself as to the 
course counsel may desire to i)ursue with reference to argument. 

The committee have consi<lered the question somewhat in advance, 
perhaps, of any suggestion of counsel, and have directed me to say that 
if counsel desire they will receive written arguments, which the con'i- 
mittee will subsequently have printed. 

The memorialists will lirst present their argument, furnishing counsel 
on the other side with copies, and then, when counsel for the District 
government have had a reasonable time to examine the same, they can 
furnish a written argument in reply, to which the counsel for the mem- 
orialists can resi)ond if they desire. 

Counsel ou both sides expressed satisfaction with the arrangements 
-uggcsted. 

The chairman announcing that the committee would now adjourn to 
their private room for the purpose of conducting- the examination into 
the safe-burglary — 

Mr. riARRiNtiTON said: 1 would like to say to the committee that, so 
far as I am coniicrned, if my feelings are to be consulted at all iii the 
matter, I should prefer the examination of the safe-burglary should be 
public. Of coui-se it is entirely with the committee to say whether they 
will have the examination public or not. 

Columbus Alexander. 8o far as I am concerned, I am perfectly 
willing- that the examination be public. 

The Chairman. The committee, in its discretion, will make public 
whatever testimony may be taken, 

Mr. Harrington. Before the committee retir<^s I should like to make 
another inquiry. ISIo charges have been presented to the conmiittee, 
and this whole matter rests in vague allegations, as the^- have been cir- 
culated in the newsi)apers through the country. I desire to ask gentle- 
men on the other side whether they avow or disavow the charges which 
have been thus publicly made ' 

'Slv. Christy. There have been no charges made. 

]Mr. riARKiNGTON. I ouly desire to know if the gentlemen indorse the 
vague statements that have been published. 

Mr. Christy. No charges have been nuuh; ou our part. 

Mr. Jewett. The committee, .Mr. liarriugton, is acting simply under 
a resolution of Congress. No charges have been nuide by any person. 

3Ir. Haijrington. I so understand ; but if these gentlenuMi believe 
these charges, I want to know if they will assume the responsibility 

Mr. Wilson. I think you will see, Mr. Harrington, the obvious im- 
propriety, if you reflect a moment, of calling on these gentlemen to 
uudvc any avowal or disavowal, because I pi'esume there is no member of 
the committee or any member of the (H)nimunity who has m)t heard 
this l)urglary chai'ged upon l)oth j)arties to tiiis investigaiion. The gen- 
tlemen on the other side, therefore, might very well call u[)on you to 
nudve an avowal or disavowal. 

Mr. Harrington. 1 (;ouhl disavow it, and that no one of counsel for 



1958 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

the District or any member of the District government has made such 
charges but I believe upon the other sidecliarges have been made and 
a systematic and concerted plan has been entered upon by which these 
statements should be spread throughout the country. 

The Chairman. We don't understand that there are any charges 
made by any one. 

Mr. Christy. If the committee are going to allow statements of this 
character to be made we certainly desire at once to confront them. I 
think they are thoughtlessly made, and certainly indiscreet. 

The CHAIRMAN. I think that we have now had disclosed sufficient to 
show that it is wise to have this testimony taken in a quiet way, aud 
therefore the committee will retire to an adjoining room and conduct the 
examination in private. 

The committee then adjourned its public session till to-morrow at 10 
o'clock, and retired to their private rooms- 



Thursday, May 14, 1S74. 

Committee met pursuant to adjournment. 

The journal of yesterday was read and approved. 

J. Blickensderfer, Jr., sworn. 

By the Chairman : 

Question. Please state your occupation. — Answer. I am a civil 
engineer by profession. I have been engaged in the business of a civil 
engineer for over thirty years on the public works of Ohio in different 
capacities, and on railroad work in various places through the country. 
1 have been employed by the United States on various occasions in 
connection with the Paciflc Railroads, and some other works. I was em- 
ployed by the United States Government in connection with the Pacific 
Railroad in 1807, 1808, aud 1809, and afterward in regard to some work 
near West Point a year or two later ; 1 do not remember exactly. 

Q. In what capacity! — A. As an engineer. I was a member of the 
board of public works of Ohio for eight years. In addition to that, I 
was employed by the State as engineer on her public works. I was at 
one time president of the board. 

Q. Will you state whether or not you have been engaged in making 
measurements in this city, and examination of work? — A. Yes, sir 5 at 
the request of the committee. 

Q. Will you state what work you have examined in this city ? — A. I 
have looked at considerable. I have more especdally examined P street 
circle, Scott S(iuare, Rawlins Square, Maryland avenue, New Hamp- 
shire avenue, Virgniia avenue, and some work on G street ; some 
about the Patent-Office, the Post-Office, and some on Second street. 

Q. These places you have named you have examined with particular- 
ity, have you not? — A. Yes, sir. 

Q. Now, will you state in connection with your examination whether 
you have looked at the estimates and vouchers of the work performed 
by the board of public works on these avenues ? — A. I have. 

By Mr. Jewett : 
Q. Have you examined their contracts? — A. I have not examined 
the contract's themselves. I have merely looked at a general form of 
contract. 



TESTIMONY OF J. BLICKENSDERFER, JR. 1959 

Q. TTnve yon takoii all tlie means which yon conld take nndcr the 
circninstances to test the aecnracy of your measnremcnts and esti- 
mates ? — A. I tliink I have. I have endeavored so to do, at all events. 

Q. So far as there were profiles and cross-sections, have yon availed 
yonrself of tlieni to test the accnracy of the estimates heretofore made, 
npon which payments were based i — A. I did. 

Q. A\'lu're there were none such, did you avail yourself of the best 
information yon conld }]^et from the contour of the surrounding country 
and from the information of the engineers? — A. I did so, I believe, in 
all the (iases; perhai)s in some cases I miuht have merely examined the 
ground without direct reference to the engineers at the time. 

Q. Y'on availed yourself, then, of all thea[)pliances within your reach to 
form a correct opinion as to the work done by this city government 
npon these various avenues and circles? — A. I have,l believe. 

Q. You have made cahnilations and deduced results from those meas- 
urements, have you not'.' — A. I have. 

Q. Will yon take them up in such order as yon may think best, and 
explain to the committee the results of your examination, and how far 
those results coin«Mde, and how far they differ from estimates made by the 
board of pul)lic works? — A. I will first give you the general results, and 
then, if anything further is desired, suggest, if you i)lease, by inquiry. I 
will say tliat in the exauiinations I have made I have found that in some 
instances where I could examine certain portions of work pretty readily, 
such as i)avements, sidewalks, curbing, and things of tliat kind, that 
were visible and could be seen, those instances did not afford a good 
opportunity to test the correctness of amount of grading that was done 
on these particular works. So that in some cases I measured the pave- 
ments, and those things which were visible on particular works and 
not the grading. On others I measured the grading, without 
paying particular attention to the pavement, because I thought 
I had better opportunity to test the grading at other i)laces than 
I had at some of these where the pavement was measured. The 
first work that I examined was P-street circle. I measured everything 
that 1 couhl see in connection with it, except the grading. I did not 
find any data there — or could not find any which was satisfactory to 
me — npon which to base an estimate of the grading. Although I made 
a very rough one, it was unsatisfactory, and I have not included it in 
my results. The other items of P-street circle 1 have in tliis way. 

I have a statement here showing the results as I found them in one 
column, and those that I obtained from the reports in the governor's 
answer, being those that have l)een obtained by Mr. Saino in measur- 
ing fen' tiie Governii'.ent, in the other column— one right o])posite to the 
other. I have given you my results, and you can couipare with the 
others. 

[The Witness then read the following statement:] 

P-STREET Circle. 

Blickonsdeifcr. Saiiio, 

Aspli.'ilt Ciiriiiif,'t;-way Il.ClKi yards, i:?, IKi-^ yanls. 

Wood cairiaj^t'-way 11(1 do. do. 

Asjilialt sidmvalks 1, H'.'T do. do. 

I5ri<lv sidewalks 44(i do. IHil do. 

Flat,- sid(!svalks '21,1'.);') rcct. 20, im fcot., 

Ciuliiiijr, straijiht 2, ()1M do. ^.iu'.i do. 

Curbing, circular 1)27 do. 1, '»:'..') do- 

lt is, perhaps, pro|»er for me to say in regard to this (;uil>ing that I 
have estimated the curbing ar()nnd tiie circle as straight curbing", 
whereas .Mr. Sanu) estimated it as circular curbing. 



1960 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Jewett: 

Q. Will you Just state, then, why you estimate it as straiglit? — A. 
I estimated it as straight simply because it is dressed straight. It has 
noue of the elements of circular curbing. It is merely straight pieces 
of curbing laid one after the other as nearly as may be in a circle, aud 
as I conceived the additional value of the thing consisted in the dress- 
ing of it, and as it did not receive that dressing, I did not so estimate it. 

[The witness resumed the reading as follows:] 

BIickeDsderfer. Samo. 

Sewer 1, 033 yards. 541 yards. 

Parking? 136 do. 109 do. 

(trading 10,562 do. 

I should perhaps say, in reference to- the brick sidewalks, I have less 
than half that he has; that I did not estiniate any sidewalks, on the 
north side of Massachusetts avenue, adjacent to Senator Stewart's 
property, as I found none laid there. It has been said to me that that 
brick pavement was laid, and was afterward taken up, and probably 
was lying at the time that this measurement was made by Mr. Samo; 
but as I did not find it there, I did not measure it. This is all I have 
of P- street circle. 

By Mr. Thurman : 

Q. Had there been some grading done at P-street circle ? — A. Yes, sir. 

Q. For what reason was it you were unable to calculate that grading? 
Was it for want of profiles"^ — A, Yes, sir. 

Q. Who was with you to furnish you with whatever data the District 
government has to show in regard to the amount of work that had been 
done f — A. Mr. Oertly and Mr. Forsyth at the time. 

Q. Did they present to you any ]>rofiles ? — A. No, sir. 

Q. Nor any bench-marks nor anything of that sort ? — A. No, sir. 

Q. They had nothing, so far as you could discover, in their posses- 
sion from which to tell the original contour of the ground? — A. I asked 
Mr. Forsyth whether he had auy profiles or cross-sections of the work, 
aud he said he had not. And all I could find by inquiry afterward at 
the office of tlie board of public works was a ])rofile of Massachusetts 
avenue from the circle westward, and of New Hampshire avenue from 
the circle southward. But they commenced at the circle, and, although 
the profile of Massachusetts avenue covered a part of this work for 
which grading was estimated originally, yet it was simply a center-line 
profile over it, which I did not like to rely upon for determining quantities. 

Q. Have you before you there the amount of grading which is esti- 
mated for for P-street circle"? — A. Yes, sir; 10,502 yards is what Colonel 
Samo makes it. 

Mr. Mattingly, He said he approximated it. 

The Witness. I was just going to say that it might be i)roper for me 
to say that the calculations that I made from the heights of the ground 
as they appeared around the outskirts of the work made it about 10,000 
yards — nearly what he made it here. I Co not know but what there 
were a few yards more. I thought that there probably was no great 
difference in the true amount, though probably this statement was not 
far from the truth. 

Q. State to the committee whether you and Colonel Samo agreed as 
to the basis as to what should be measured constituting P-street circle. — 
A. Mr. Samo was with me upon the work, and I had him point out 
to me exactly what he had included within his measurements. 

Q. You measured the same things ? — A. Yes, sir, with one exception. 



TESTIMONY OF J. ISIJCKENSDERFER, JR. 19G1 

That is this : that in running- the cuibini;- back from tlic circle on the 
streets that h^ad away from it, I understood hini to say that he had 
measured the curbing in all eases down to the end of the granite curb 
that had been sef there, whereas I oidy measured it as far as the building- 
line of the adjacent property, a little less than he did. 

Mr, Stanton. And also with the exception of brick pavement adjoin- 
ing Senator Stewart's? 

The Witness. I explained before: I measured none because I hnuul 
none. Wh<'ther he did or not I do not know. I do not recollect whether 
he explained that to me. 

By Mr. Stewart : 

Q. Have you got the aggregate of the charge ? In soaie cases you 
overrun, and some you fell short. How does the aggregate run of P- 
street circle? — A. Yes, sir; I made a statement of it in dollars. I car- 
ried out the quantities that 1 found, at the same rates that I had fouud 
charged in the governors answer for similar work by Mr. Sanio, and 
adopting- Mr. Samo's quantity for the grading-, I made it ><74,780.97, but 
I made another statement here that I should explain — the limits 
that had been adopted by Colonel Samo in making his measure- 
ments, when (tarried across the streets adjacent to the Government 
reservation that lies right by the P-street circle, which quantities 
were carried in these amounts, or appear in here. The limits that 
he adopted in going across the streets, it seemed to me, were 
scarcely correct, and in order that there might be a comparison, I 
made a statement of the ditfereuce that would exist in the quantities 
supposing that my method of considering the intersections was ado))ted. 
It is simply this : It is a little difticult to explain without a diagram. 
[Witness pre])ares a diagram, and explains fully to the committee.] 
The Witness. That amounts in this case to $1,011. 41>, adopting the 
same piices that had been charged before. 

By Mr. Stewart : 
Q. Then, adopting the same basis that he adopted, what is the differ- 
ence in the result ? — A. I did not calculate the ditterence. I gave the 
result a moment ago. 

By Mr. Mattingly : 
Q. It would add that thousand dollars to that amount? — A. Yes, sir. 

By :\Ir. Stewart : 
Q. It would make about $5,000 difference .'—A. It wouhl make 84,751 
if you deduct that, and it would make 8o,750 if you did not deduct that. 
Q. If you adopt his theory, the dilfcren(;e between your estimates 
would be about 8-^,000 ?— A. Yes, sir; 8^,750. 
Q. Your basis was 81,000 more? — A. l^es, sir. 

By Mr. Stanton: 

Q. Can you tell what is the difference in charge for the brick pave- 
ment — the ad<litional amount of br:(;k i)avement? 

Mr. Wilson. Mr. Stanton, that is u mere matter of calculation; it is 
81 a yard, as appears ail through the re[>ort. 

TIh^ Witness. What the difference in ([nantity would be^ 1 do not 
know, for 1 <lid not measure it. 

By :\Ir. Wilson: 
Q. I wish you would state whethei- that case which you have given, 
which you have ilhistrated by your diagram, is about an average for 



1962 AFFAIRS IN THE DISTRR-^ OF COLUMBIA. 

those you have seen about the city in point of size. You say that the 
difierence there would be about $1,000? — A. I think it is a little less 
than the average. I think that it was a case where the streets were 
rather narrower than the average, and the quantities were not in all 
cases complete. There was some pavement that was not in that, that 
would have been deducted if it had been completed. 

Q. If your theory as to the manner in wiiich this should be measured 
should be the correct one, and the committee should take them as the 
basis upon which to make a calculation as to all such places, would the 
result arrived at be under or above the aggregate amount as to the 
whole city 1 

The Witness. You mean, if this (piantity that is here determined 
should be taken as an averag'e ? 

Mr. Wilson. Yes. If we take that as an average, would that be 
above or below the amount in getting at an aggregate — making a com- 
putation as to all such places in the city ? — A. 1 do not think you would 
vary greatly from the truth, but it would probably be a little below the 
fact. I have some other cases in my other measurements — some other 
cases of this kind occur, which will show other amounts. 

Q. Did you make any examination to ascertain if tiiere was a differ- 
ence between you and Mr. Samo as to the amount of sewer there? 
Did you make any examination to ascertain w^hether any sewer had 
been put in there since Mr. Samo made his measurements? — A. I am 
not very positive, but I think I did make an inquiry of the engineers, and 
my impression is that they said that there had been some built since, 
but I am not certain about that. ; 

Mr. MattinGtLY. I think you are mistaken about that. 

The Witness. Well, I may be. 

Mr. Mattingly. The pavements were all laid and the sewer was out 
of sight. 

The Witness. I cannot say how that is. 

Mr. MattinCtLY. Yoa are mistaken about that. 

The Witness. I only give it as an iuipression. 

The Witness. Scott Square was the next point I examined. 

[Witness then read as follows :] 

Scott Square. 

Blickensuertor. Samo. 

Asphalt carriage-way 7, 612 yards. 7, 415 yards. 

Wood carriage-way 2, 221 yards. 3, 083 yards. 

Brick sidewalk 4, 000 yards. 4, 112 yards. 

Asphalt sidewalk 65 yards. 

Parking 1,869 yards. 2, 100 yards. 

Curbing 3, 669 feet. 3,695 feet. 

Sewer 1,402 feet. 1,866 feet. 

Iron fence 803 feet. 594 feet. 

Grading not estimated. 4, .500 feet. 

In the curbing there was no distinction made between circular and 
straight curbing; I make the total amount $45,732.75. He makes it 
$49,042.90. 

By Mr. Thurman : 
Q. Is that exclusive of grading? — A. That includes grading, and I 
assume his grading in quantity in making up my amount. There were 
two squares or two intersections of the kind I have illustrated by dia- 
gram, to be deducted there on that assum{)tion that they should come 
out. Those amount, one to $1,424, and one to $2,078.40 ; total, $4,102.40. 



TESTIMONY OF J. BLICKENSDERFER, JR. 19G3 

By ]\Ir. Stewaut: 
Q. Iiu*lii(liii<i' those, how docs it stand I — A. IiU'ludiii.u' those, the dif- 
ferPDce is, 82,310 and a tew cents; excludm.u those it is $7,412. 

Wy Mr. TllURMAN : 

Q. Wliy didn't you estimate the orading tliere ?— A. I conhl not find 
any data there that was satisfactory to ine to base anything upon. 

Q, They furnished you no cross-sections or profiles? 

The Chairman. Pass to the next point. 

Tiie Witness. The next point I measured was Kawlins S(iuare. I 
shouUl prol)ably say, before 1 i)roceed to that, that this was a point 
where there was a huge error made in the first ineasnrement by Coh)nel 
8anio, ^\hich is corrected, as you will remember, in the governor's re- 
l)ort. So I applied to him for his linal quantities on that sipiare, which 
do not appear in the governor's re[)ort. lie furnished me with them, 
and those are the ones which I have entered here. 

Mr. TiiURMAN. Ou which was the i>ayment made by the governor? 
Was it made on the re\ised estimate? 

:\lr. Mattingly. Ou the first estimate in the first instance, and that 
was afterward corrected froai the Treisury De[)artmi3nt. 

yU: TiiURMAN. The auu)unt covered in ? 

Mr. Mattingly. Yes, covered in. 

Mr. Stanton. The United States Government got the benefit of the 
correction. 

Mr. IIiBBELL. That nuitter was all explained by the governor. 

The Witness. The measurements at Rawlins Square are as follows : 

BawUiifi Square. 

Blifkeusdcrfor. Saiiio. 

Asjilialt carriage-way 3, 211 yards. '.I, U')'.\ yari^.s. 

Col)l)lc-st()iie carriage-way 3, 098 yards. 2, 998 yards. 

Wood caniagc-way 97 yards. 

lirick sidewalk 3, 555 yards. 3, 317 yards. 

Asphalt sidewalk 41 yards. 35 yards. 

Ciirliiiig, straight 2, 845 feet. 2,932 feet. 

Curliing, circular 59 feet. 18 feet. 

Parking 1, 172 yards. 1, 117 yards. 

Sewers 994 feet. 729 feet. ' 

AVood fence (i71 feet. 

Grading 5, 136 yards. 

liy the Chairman : 

Q. ^Vhy did not you estimate the grading? — A. For the same reason 
that I could not estimate it at Scott Square. There was no data that 
I thought was such tiiat I would like to bavse an estimate upon. 

(^). Now state the comi)arative cost. — A. I make the cost of it, with 
my (piantities,'ss22.210.31. As stated in the governor's rei)ort, after 
making the correction, it is $22,303. 70. Colonel Samo nuikes it, as I 
understood him to say, 822,371.95. 1 did not go over his figures. 

By Mr. Tiiurman: 
Q. AN'hat was it before the correction was nm<h^? — A. It was some 
$14,000 nu)re. I do not remember exactly — some 82(),000. 

By Mr. Mattingly : 

Q. How do you accouiit for the fact lliat his estimate is more than 
yours, when every item that you measured is less than his, with one ex- 
ception, and that a very small one '^ — A. That 1 cannot say witlu)nt look- 
ing at it. I have got my figures here. 



1964 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. MattinCtLY. He li;is 97 yjuds of wood pavement, and you have 
none, and streetenrbiiig he has li,t>o2 where you have 2,845. . Those are 
the only two cases where he has more than you, and the difference is 
very small. 

The Witness. My sum is smaUer tlian his. 

Q. Now your aggregate in dollars is less than his, but your aggregate 
in amounts, it ai)pears to uie, is larger than iiis; that is the reason 1 do 
not understand the difference. — A. He has more street curbing than I 
have. I have not analyzed that to see, becausa I carried out my quan- 
tities, and I thought correctly. 1 am perfectly willing to have them 
examined. 

The Chairman. Mr. Mattingly, after it is printed you can see.- 

The Witness. I was going to say, there was in this case two of those 
intersections, counting tha Icalculated. Oneof them has but little work 
done u[)on it, the other is completed. One amounts to $340.05, and the 
other to $12,073.21. 

By Mr, Stewart : 

Q. What is the comparison counting those in? — A. Counting them 
in, I make the quantity 21,043 and some cents less than he does. Count- 
ing- them out I make it 1,700 less than he does. It is possible, Mr. Mat- 
tingly, I may have made some error in extending these things. 

Mr. Mattingly. I should think it very likely. 

The Witness. K you had called my attention on yesterday to this I 
should have gone over these figures again. 

Mr. Mattin&ly. If I had known it yesterday I certaiidy would have 
done so. 

The Witness. These are all the measurements I made of carriage- 
ways, sidewalks, and pavements, and matters of this kind that are vis- 
ible, with one or two slight exceptions that will appear as 1 go on. I 
desired to get some points, if I could, where I (tould determine the 
quantity of grading and institute a comi)arison, and I therefore next 
turned my attention to these i)oints and selected somewhere. I did not 
pay any attention to the carriage-way, of any consequence at least, and 
sinqily devoted myself to the grading. 

The Chairman. Take up those cases, if you please, now% 

The Witness. One of the first of those that I undertook was New 
Hampshire avenue. Do you Avish me simply to read my results, as I 
did before ? 

The Chairman. Yes, in your own way. 

The Witness. In measuring New Hampshire avenue I nuide the 
amount of enibaidiment 07,054 j^ards, and the excavation 04,S5S yards; 
the two togetlier, 132,512 yards. In this is included 23,279 yards between 
H and Ninth streets, near the lower end of the avenue, which was 
taken up by the contractor who did the work on Virginia avenue 
and hauled into the Virginia avenue embankment, and paid for, with 
a slight exception that will api)ear hereafter, as Virginia-avenue work, 
leaving 109,233 yards for New^ Hatnpshire avenue, counting excavation 
and embankment botli. The charge against the Government, and in the 
governors Answer, is 149,484 yards, the difference being 40,251 yards, 
it you take excavation and embankment both. Of the work on New 
Hampshire avenue, by referring to the vouchers, there was allowed to 
the contractors on filling, to ]Mr. Hulse, 440 yards of rock at $1 a yard; 
13,144 yards of grading at 31 cents; 13,580 yards of haul at 9 cents, 
amounting' altogether to $5,022.44. To Mr. Filbert, 8,990 yards of grad- 
ing at 3L cents, and 17,019 yards of haul at 10;^ cents, amounting in 



TESTIMONY OF J. KLICKENSDERFER, JR. 1065 

the ii.iis'i'fffi^tt' to 8~>,4(>L'..")S. To Mr. Miinay, 20,385 yards of j^radiiiji' at 
[W cents, and LM>.;>^r) yards of haul at.">l:[ cents, ainoiiiitin.i;- to 8l7,9!)8.3l — 
.,j.oiv<>atc, 8-!i>,()S;>.'J!) paid to tlic contractors ; but to tliis must he added 
si,.")!)!! that was (iharjicd to this avenue out of payments made to i\Ir. Van- 
denberg-, who did the work on Virf^inia avenue, I suppose, because lie 
tooiv a portion of the earth out of New Hampshire avenue when he 
hauled it down to Virginia avenue — of course I do not kriow the reason — 
nuikiuii-, with that addition, total i)ayments of 833,.>8;>.-Jl) to contractors 
lor work on New Hampshire avenue. The cliarge to the United States 
Government is 141),484: yards of grading at -iO cents; two-thirds of it, I 
should say, amounting to 83!),804.40, being $0,281.11 over the total pay- 
ments to contractors. 

Q. Then the payments to contractors included the whole; the charge 
to the (iovernmeiit was onl\ for two thirds '. — A. Yes, sir. 

Q. Then he should take two thirds of what was paid to con- 
tractors and compare tiiat with what was charged to th(^ Goveru- 
iiieiit ? — A. I have made a statement of that kind just following here. 
I have made an additional statement. I tind that the contractors in 
several cases have been actually over[)aid. They have been paid for 
larger quantities of earth-work on this avenue than they actually 
performed, or than 1 can lind by measurement, and so I have 
made a statement of that, which comes next. The correct allowances to 
the contractors, as 1 think, to Hulse, 4GG yards rock grading, at $1 ; 
8,971 yards of grading, instead of what I read before ; 13,000 yards, at 
30 cents; 9,437 yards of haul, at 9 cents; amounting to $4,00(3.03. 
The actual payment to Hulse, $5,022.44 ; Hulse overpaid, $1,015.81. To 
Murray the (correct ainonnt should be, 20,800 yards of grading, at 30 
cents; 20,800 yards hauling, at 31:^, making $12,740, while the actual 
l)ayment is $17,998.31 ; overi)ayment, $5,258.31. Then, 1 say, the cor- 
rect charge against tlie Government would be the correct quantities 
repeated at the contractor's i)rices. 1 have it in detail, and I will read 
it if you desire. 

The Chairman. You Jiad better read it. 

The Witness. 400 yards of rock, at $1 ; 38,701 yards of grading, at 
30 cents; 9,437 yards hauling, at 9 cents; 17,019 yards haul, at 10| 
cents ; 20,800 yards, at 31:^ ; and the amount charged to this avenue 
that was made to Vaudenburgh, $4,500; amounting' to $20,009.21, two- 
thirds of which is $7,339.47. The actual charge against the Govern- 
ment, $39,804.40 ; the excess, $22,124,93. These are my results on 
New Hampshire avenue. 

By Mr. Jewett : 

Q. What was the distance between the point of excavation and point 
of eml)ankment ? — A. I could only answer that by referring to the nui]). 
1 do not know from recollection. 

Q. In this calculation you gave the board of public works the benelit 
both of excavation and of eml)ankment / — A. 1 don't know that 1 fully 
understand you. 

(}. In this charge — this amount — was the contractor i)aitl both for ex 
cavation and eml)aid<meiit ' — A. No, sir; he was paid for exca\ation 
only. 

Q. And iiaiil ' — A. Yes, sir; these ]>aym(Mits to contractors are ex- 
tra(;ted from the vouchers tinit were furnished to me by the board of 
public works — simply their statement of the account. 

Q. Just turn to the first part of this statement where you give the 
number of yards of excavations. 



1966 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. The total excavation, iucluditig that which went on 
Virginia avenue, is 04,858 yards. 

Q. What of embanlcnient ? — A. 07,054. 

Q. Together, what do they make ?— A. 132,512. 

Q. When reduced to dollars, what does it make ? — A. That depends 
upon what price yon attach. 

Q. In ascertaining the result, do you make no allowance for the em- 
bankment ? — A. No, sir ; except for the haul — the excavation and the 
haul. 1 take merely figures from the vouchers — what they paid to the 
contractors. I have made no other calculation. 

Q. The length of the haul you cannot- tell ? — A. I could, but I don't 
know it now. 

Q. Was there a profile of that avenue? — A. Yes, sir. 

Q. Had you the benefit of these cross-sections ? — A. Yes, sir. I 
should perhaps explain. I inquired for profiles or cross-sections, and 
I found they were in existence for the work on this avenue with several 
excei)tious ; that is to say, the work between P-street circle and the 
embankment at M street, the notes were comi)lete; for the work 
between H and G streets, and tor the embankments between Twenty- 
first street and Pennsylvania avenue, the notes were complete ; but 
for the excavation between I and H streets there were no notes; and 
for the fill north of P-street circle there were no notes. 

Q. Where the excavation was to be done on that street, was it sim- 
l)ly the roadway, or did it extend from house to house, from building- 
line to building-line — New Hampshire avenue t — A. The excavation did 
not extend to the l)uilding-line. 

Q. How was the profile and cross-sections"' — A. It extended clear to 
the building-line. 

Q. Did you then make calculation as to the work actually done ? — A. 
1 did. 

Q. And not as to the amount included, taking a profile and cross- 
section, and calculating from that, and supposing it had all been done? 
— A. No, sir; the profiles, of course, and the cross-sections, properly 
speaking, give you the means of determining all that actually would be 
required to be done. That is not what I want to say. The cross-section 
would give you the means of determining the work that was done or could 
be done between the building-lines, and by an examination of the present 
condition of the cut and comparing it with the cross-sections, it would 
determine what had been done; that is what I did, which is not all taken 
out yet between the building-lines. I measured wliat was actually taken 
out. 

By Mr. Stewart : 

Q. In measuring these fills did you make any allowance for settling 
of the different materials? — A. No, sir, I did not. I assume that it 
was all filled. I measured it on the supposition that it was all — not any 
supposition, either ; I measured it actually as it stood. 

Q. Is it customary in measuring up work to measure it up when it is 
green, and in measuring it up when it is green do you make any allow- 
ance as to what it will be when it is settled? — A. It is my custom to 
make allowance when I measure it green. It will, when settled, be ac- 
tually less than it now appears to be when it is measured green. 

Q. So that when it is measured green you aim to get at what it will 
be after it is settled? — A, That depends upon what object I have in view 
when 1 measure. If I measure with the object of paying the contractor 
for work on the supposition that 1 am paying him in embankment, why 



TESTIMONY OF J. BLICKEXSDERFER, JR. 19G7 

then liis contract requires him to complete it as it will be when fully 
settled. Tlien if I make a partial i)ayment during the projiress of the 
work, whiU' the work is green, J <lednct from the appearance of it, from 
what it appears to be, in order to be safe, and not give liim nujre than 
he is entitled to. 

Q. What is commonly understood? Does it mean a contract for 
the tilling when it is green, or a contract for a fill when it is settled? 
What is the ordinary mode of letting it ? Do they generally i)nt a clause 
in; or what is undeistood when no clause is put in! — A. Tin; i)ractice 
varies somewhat. I think the general practice is not to pay in embank- 
ment. It is to pay in excavation simply. 

Q. But where you pay for embankment is it the practice 

Mr. Tiiur:man.^ There is no charge for embankment here. 

Mr. Stewart. 1 wanted to know what this custom was for my own 
infornmtion. 

Mr. TiiURMAN. There was no charge for embankment ? 

The Witness. No. The charge was for excavation and haul. 

By the Chairman : 
Q. Is there a charge to the Government for embankment ? — A. Yes, 
sir; that is to say — - I cannot say, sir, whether the Government is 
charged for embankment or not, any more than this : that in making up 
their statement of yards they have included both the excavation and the 
embankment in that statement. 

By :\rr. Bass : 
Q. And excluded the haul ? — A. They have no charge for haul. They 
have taken in (piantity the excavation and embankment both, ami tixed 
the general price lor the whole of it. 

liy Mr. Stewart : 

Q. If there is a contract for so much embankment for a street or for 
a railroad, would that mean, according to the general usage as you 
umlerstand it, that it should be embankment settled or embankment 
immediately alter the work was done, to be measured then '! What 
would be the usage among engineers if nothing was said in tlie contract 
about it ' Is there any usage? — A. The usage is not as well settled in 
that respect as in some others, but I think it would be considered as re- 
quiring him to make the embankment complete for the i)urposes for 
which it was intended. 

The Chairman. Right upon that i»oint let me ask a question. What 
is the greatest height of embankment on that avenue? — A. It is about 
17 or 18 teet. 1 cannot answer certainly. 

Q. Was the earth excavated and carried into embankments as a mat- 
ter of fact ? The earth excavated upon one part of the avenue, was 
that haided and thrown into embankments in another part of the 
avenue? — A. I cannot answer that. 

Q. Nor do you know thedistance from the excavation to the embank- 
ment. Von didn't measure it ? — A. 1 did not. 

By .Mr. MattingIy : 
Q. The nund)er as (jliarged for eml>aid^inent is more than excavation, 
is it not ? — A. I cannot answer that off hand. 
Q. According to your jjaper ? 
i\Ir. Stant(jN. Yes; it is about three thousand. 
The Witness. You use the word " charge." 
Mr. Mattin(;ly. The number ol' yards measured by yon. 



1968 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. If you ask me for the Dumber of yards measured, that 
I can answer at once, " Yes." 

By Mr. Thurman : 

Q. If you take out a cubic yard by excavation, it will make more than 
a cubic yard of green embankment? — A. No, sir 5 it will not make a 
yard of ordinary material. It will make less than a yard of embank- 
ment in ordinary material. 

Q. I mean before it has settled — a green embankment. You take out 
a cubic yard of solid earth, ami will not that make more than a cubic 
yard of green embankment ? — A. No, sir; it will not make a yard, unless 
it is rock, sand, very dry gravel, or something of that kind, and very 
rarely in that, except rock. 

Q. It will not be as solid in the embankment as it was in the original 
place in the earth f — A. I cannot answer that question; but I only knoT\' 
this fact, and I can call to your mind an illustration, probably. If you 
dig a hole in an ordinary Held, where there is tillable lai]d, say two feet 
square and three feet deep, and throw the earth out and then shovel it 
back again, the earth will not fill the hole. 

Mr. MxiTTiNGLY. Mr. Samo has just told me that, in laying a 36-inch 
main, after the pipe is laid, if you throw back the earth it will not be 
sufihcient to till up the cavity. 

Mr. Thurman. 1 know that is one of the curiosities of tliis thing. 

The Witness. That is one of those things that happens in nature. 
In regard to rock — that is, broken-up stone or something very nearly 
approaching to rock that is broken up — it will more than fill again. It 
will increase, and, in some cases, the rock will make nearly two to one. 

Mr. Thurman. That is because of the interstices'? • 

The Witness. Y"es ; I suppose so. 

The Chairman. What would be the amount of additional fill required 
in embankment of that character? 

The Witness. To lu-ovide for settlement? 

Q. Yes. Such material as you found there; of course, much depends 
upon the character of the under soil ? — A. Not much ; not generally. 

Q. What would be the ordinary additional fill required after six 
months? What I wish to get at is this, whether there is any material 
additional fill required after a settlement, sa^^ of six months, on an 
embaid^ment of that character. — A. It depends much upon the mate- 
rial and the character of the weather in the intervening time. 

Q. Y^ou say material? — A. Take that material. If there has been 
much wet weather during that time it will probably have settled down 
two-thirds of the settling during that time, and not more than that; 
there will still be something required, and I should think it depends, 
too, upon how it is constructed. If it is laid with carts and driven 
over, it will settle less than otherwise. If that embankment \\as built 
with carts, it probably, after being freshly completed, would settle from 
one-eighth to one-tenth of its height, and I think perhaps two-thirds of 
that would be done the first six months, if there was much wet weather; 
if dry, very little would go down. 

Q. Go on with the next. 

Mr. Mattingly. Before he leaves this New Hampshire avenue I 
would like to have the witness state whether he included the work that 
had been done in the filling over Slosh Run sewer; yon got your cross- 
section from Mr. Barney ? — A. Y^es, sir. 

Q. Do you know whether these cross-sections were used after a por- 
tion of the work had been done ? — A. Y'es, sir. 



TESTIMONY OF J. BLICKENSDEKFEE, .IK. 1969 

Q. Have you iiicliulod this in yonr statement ?— A. Mr. Harney ad- 
vised nie ()f"^tl)at fact, and tlieroniton I asked Mr. Barney to give mean 
estimate of the amount of tillinj;- that had been done over that sewer, 
as near as he couUl jiet at it from sueli information as he had in his 
])()ssessiou before he took his cross-sections that he furnished me, and 
1 inchuled that in my statement. 

By ^Ir. Wilson : 

Q. That is ah-eady taken into the account ?— A. Yes, sir. 

]\Ir. TiiriiMAN. Proceed to the next point. 

The Witness. Another phice that 1 measured was Yiruinia avenue. 
I suppose it is not necessary to .yive them to you in the order I made 
the measurements. Upon this avenue 1 was lurnished with comi)lete 
notes showing- the protile and cross-sections of the entire avenue. 1 ex- 
amined them and examined the reductions, as I did upon Xew Hampshire 
avenue, and my results are based upon the information obtained from, 
these notes chietiy. The grading, incbiding tlie reservations at the in- 
tersection of G and Twenty-fifth streets, and the quantity taken from 
the limits of New Hampshire avenue, between H and O streets, I made 
1(IL',(>~>T vards. There was allowed to the contractor 10o,()00. There 
was charged to the Government 1()4,()()0 yards. The amounts credited 
to the contractors were 1(),()00 yards of old hard gravel, at 40 cents, 
1>;5,()0() yards of earth at 'M) cents, 103,000 yards haul at 34 cents, amount- 
ing to 857,304, the amount charged to New Hampshire avenue and deb- 
ited to this Virginia avenue $4,000, leaving 802,864 as debited— I mean 
credited to Virginia avenue, 80lVS<)4 as debited to that avenue. There 
was charged tiie United States Government 104,000 yards of grading, 
at 40 cents, and 104,000 yards of haul at 36 cents, making 879,040, two- 
thirds of which is 832,()1)3.33. The correct charge to the United States 
Government would be two-thirds of the amount credited to the contrac- 
tors—that is, two-thirds of 862,804, being $41,909.33. The overcharge 
to the Government $10,784. 

By the Chairman : 
(}. That is on the assumption that the Government would pay what 
the board of public works had paid ?— A. I have assumed that all the 
w;iy through — the same rule. 

By Mr. TiiURMAN : 

Q. Have you anything more to say in regard to that avenue ? — A. 
Nothing now ; I will refer to it again when I state to you what I did on G 
street, which intersects the avenue. On G street, between Twenty-fourth 
and Twenty-sixth, the grading — upon this street I was furnished with 
complete notes showing profile aiul cross-sections throughout. I may 
say that in all cases where I was furnished with these notes I took 
them — not only the cross-sections and the profde, but the original note- 
books, and went upon the ground with an instrument and an assistant, 
and exiimined them, whenever I could find [)oints that would afford a 
comparison to enabh^ me to test the probable accuracy of these works. 
I became so well satislied with them that I thought they might be re- 
ceived, and upon that b.ised my calculations. 

The grading I make 12,402 yards. There was allowed to the con- 
tractor 10,239 yards. There was charged to the United States Govern- 
ment 3;),809 yards ; overallowance to the contractor, 38,037 yards ; over- 
charge to the Government, 21,407 yards. 

Now, the statement in dollars of payments to the contractors is 1,843 
yards of rock-excavation, at $1 ; 2,638 yards of hard gravel, at 40 cents ; 
124 D C T 



1970 AI FAIRS IN THE DISTRICT OF COLUMBIA. 

11,758 ynrds of enitl), at 30 cents; 1G,239 yards of haul, at 15 ceuts ; 
making $8,801.45. Tliere was a charge to the Government, 33,801) yards of 
grading, at 40 cents; 33,809 yards of haul, at 3G cents, UDaking 
$25, 694.84, five-sixths of which, owing to the reservations lying opposite 
to it, was $21,412.30; the excess of grading, $12,550.91. In this work 
there is, besides the overcharge on grading, an additional overcharge 
on sewer, the Government being churged with 2,000 linear feet sewer, 
whereas there are 730 feet on the work. This excess of 1,336 linear feet, 
at $4.70, would be $0,279.20, five sixths of which would be $5,132.07; 
making the total overcharge to the Government of $17,083.58. 

In ascertaining the quantity on G street and on Virginia avenue, I 
calculated up the notes and cross-sections that were furnished to me. 
I make very little ditierence in the total reductions between those that 
were made by the engineers. 

1 did not in all instances make the entire calculations, but I made 
enough to satisfy nie of their credibility, and received them ; but gener- 
ally 1 Avent through so much of it that I did not think there was any 
doubt in regard to it; but I find that where G street and Virginia 
avenue intersected each other — I have a little map of it here — as 1 said, I 
found the reductions and the total quantities tally very well with what 
1 made them ; but 1 found between where G street and Virginia avenue 
intersected, one man having the contract for the work on Virginia avenue 
ami anoiher one for the work on G street, that both contractors had 
been paid the full quantity of the notes, so that that quantity — within 
the intersections — had been duplicated; and I have allowed the quantity 
to the avenue and taken it out of the G-street work, because 1 have 
generally taken the course that the avenue, the whole length, should 
be allowed for. 

By Mr. Mattingly : 

Q. Does that account for the discrepancy you stated a. few moments 
ago i? — A. That is the discrepancy. 

Q. Who were those contractors ? — A. Mr. Vandenbergh was the con- 
tractor for the avenue, and Mr. Zug was the original contractor for G 
street, but failed, as 1 understood, and Mr. Fletcher succeeded him and 
comi)ieted the work. That explains this difference in the number of 
yards, for it is just 38,037 yards, or within a fraction of it — overpayment. 

By Mr. Wilson : 
Q. That is the overpayment to the contractors'? — A. Yes, sir ; the 
overallowance to the contractors. 1 cannot say here which did the 
work first, but it is an overpayment to the man who did it last, I sup- 
pose. 

By the Chairman : 

Q. The Government paid for both, 1 suppose, also ? — A. Yes, sir. 

The V\ 1TKES8. Another i)lace I examined was Maryland avenue. 1 
had notes of this entire avenue furnished me. 1 examined them in the 
same way, and then calculated the results. I make the grading, as 
allowed to the contractors, 221,208 yards. The amount charged to the 
Government is 257,785 yards, the difference being 30,507 yards. The 
allowance to the contractors in dollars is as follows : There were two 
contractors on that avenue ; one had one portion, and another had 
another ])ortion. Gleason, 159,022 yards of grading, at 30 cents; 4,235 
yards of haul, at H tents; 4,.^89 yards of haul, at 5i cents; 130,000 
yards of haul, at 9 cents ; 19,898 yards of haul, at 22i cents; and 3,177 
yards of lockexcavation, at 70 cents. I should say this 3,177 yards of 



TESTIMONY OF J. 15LICKENSDEEFEK, JR. 1971 

rook is part of the 151), ()()() yards of ^radiiifi', and tliey i)aid for it as 
.yradinji' at 30 cents, and the price for lock being- $1, they only paid him 
liere the ditference, 70 cents, making" altogether $0G,4r;jl).07. To iMur- 
l)hy, the other contractor, 11,L*2L> yards of grading, at 40 cents; 48,024 
yards, at 30 cents; -4,oL'0 yards of haul, at 5 cents; 37,920 yards of 
"liaid, at 9 cents; making 824,725.34, and the two together, 891,105.31. 
The charge against the Government was 238,043 yards of grading, at 
40 cents: 23S,(i43 yaids of haul, at 15 cents; 088 yards of grading, at 
.">0 cents ; 12,244 yards of grading", at 30 cents — L beg pardon, 1 got a 
little ahead of my story — 238,043 yards of grading, at 40 cents; 238,043 
yards of haul, at 15 cents, of which two-thirds of it was charged to the 
Government, being in the avenues. Then there was woik about Stan- 
ton Place, that lies in the avenue, where there was 0.'5S yards, at 30 
cents, of which five sixths was (diarged to the Government ; 12,244 yards, 
at 30 cents, of which all was charged to the Government, being within 
the 8(|uare, and 3,173 yards of rock, as I stated before, 70 <;ents, two- 
thirds of which went to the Government, making altogether 892,830.23; 
the excess in charge to the Government over the total cost of the 
avenue, 81,0«i4.92. The correct charge to the Government on the basis 
(»f the board would be two-thirds of the jtayments to Gleason ; two- 
thirds of the i)ayments to .Murphy for work on the avenue; tive-sixths of 
the payments to .^Iiuphy for work outside of Stanton Place, and all the 
l)avm«Mits to Murjiiiv for work inside of Stanton Place, amounting" to 
802.90t>.77. The actual charge, $92,830.23; the ex(;ess, 829,92().l(i. that 
completes .Maryland avenue. 

By Mr. I^Iattinglv : 

(). On that, were you informed that old work had been done there 
which was charged to the (Tovernnuuit ? — A. I was told there was old 
work done. 

(}. Have >ou included that in your statement? — A. Xo, sir ; 1 have 
not mchided that. 

(). You did not measure it.' — A. Xo, sir; I had no means of measur- 
ing it. 

P.y ^Ir. Stanton: 
Q. Did the cross-sections indicate a dcjirc^ssion ? — A. They di<l. 
Q. As though work had formerly been done there ? — A. Yes, sir. 

By the Chaihmax : 
(). Does that complete your nu'asurement ? — A. On the avenue — no, 
I measured one or two other i)laces. 1 ma<le some examinations aiound 
the l*at«'nt()flice and I'ost-Ollice, for which work I was also furnished 
with notes and cross-sections, and examined them in the same way on 
the; ground. The amount of grading" on F street, between Filth and 
Seventh, J made 8,089 yards; on the same street, between Seventh and 
Ninth jftreets, 1 1,377 yards — total, 20,000 yards. This work was [)aid to 
the contractor by days'-work accouut. lie had men, as I understand it, 
emjdoyed and kept their time, and Itrought in the account, or wliat it 
was for doing the work. It incbuled, I undeistaiid, lowering the 
water-main or gas-niain, an<l a<ljus|ment of the fixtures of the pipes — 
1 don't know exactly what. I didn't get a full stateiru'ut of it ; but 
taking the <lays' work, it amounte«l by the \()uchers to8 H,.'>.")O.SO, which, 
if there was no allowance made for lowering these mains, wiudd amount 
to 82.00 per cid)ic yard for the <'arth rcMuovi'd. On Se\'enth street, be- 
tween K and (i, I bkcwise measured the grading, 12,150 yards; it was 
I»aid in the sanu' way, anion nting to 820, 137.91, or 82.15 per s(|nare yard. 



1972 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. For excavation ? — A. Yes, sir ; it was allowed in days'-work ac- 
count ; but that is, dividing; the amount by the number of the yards, it 
would jnoduce that result without luaking- any allowance for the lower- 
ing of mains or anything of that kind. This is all I did in that neigh- 
borhood. I likewise examined Second street northwest, between Penn- 
sylvania avenue and Eighth street. I had no profiles furnished me for 
tiiis work. I could tind no notes of any kind in existence. The only 
method 1 had of determining the quantity was to go along the street 
and make my own notes the best way I could. I did it for the purpose 
of making the attempt, at all events, and you have the result and can 
give it such credit ns you please. I tried to find the marks, on the side 
of the buildings, of the original pavement, to see how much ground 
had been cut down, and then I examined the ground on both sides be- 
yond the work, in the lots and beyond the building-line. In some places 
it had evidently been tilled, and in others it had been cut down, and 
in at least one case I found a telegraph-pole standing in the path with 
a mark on it where the earth had evidently been cut down. From notes 
of that kind, and from what information I could get from some gentle- 
men who were with me, I determined the quantity as well as I could. 
There has been no excavation done south of Indiana avenue. The 
pavement across Indiana avenue remains — the old pavement; it is not 
disturbed; and below that, south of IST, it is all tilled; so that I have 
examined simply the cutting from Indiana avenue north to H street. 
I make the quantity 9,100 yards. There was allowed to the contractor 
24,333 yards; over-allowance, if I am correct, 15,227 yards, or an over- 
payment to the contractor. He was paid 15 cents a yard — 10 cents for 
excavation and 5 cents for haul, or $(>,S52.15. 

Q. Who was the contractor there ? — A. Follausbee. This is all that 
I have looked at and brought to a final conclusion. I have looked at 
some other places, but in the first place I found my time very much 
occupied, and in the next place I could not always find notes or data of 
a character sufficient to enable me to get at anything that seemed satis- 
factory, and I did not pursue them. 1 will just say this in regard to Sec- 
ond street, that I should have said perhaps while 1 was upon the subject. 
There is an allowance to the contractor, 21,333 yards. If you will take 
the entire length of Second street, from Indiana avenue to the north side 
of H street, and the entire breadth from building-line to building-line, 
including the whole limits within which this work was done, it would 
have to be excavated for the entire length and the entire breadth, 3 feet 
3 inches, in order to make this quantity of yards that is allowed to the 
contractors. I think there is abundant evidence, at least, to show that 
it is impossible that it could have been excavated to that depth. 

By the Chairman : 
Q. Who was the engineer ! — A. I don't know under whose (direction 
the work was done, but the certificate to Mr. Follausbee is signed, I 
believe, by Mr. Forsyth. I have it here somewhere, [producing the cer- 
tificate.) I find it is signed by Mr. Forsyth, assistant engineer, and E. 
C Phillips, engineer of the board of public works, in charge. 

By Mr. Stewart : 
Q. Have you the certificate of the engineer doing the w^ork that you 
have been over f Whose work was jSTew Hampshire avenue? Who was 
the engineer on Xew Hampshire avenue f — A. I will have to refer to it. 
I think they w^ere partly — indeed I don't recollect, but partly certified 
to by Mr. Forsyth and partly by Mr. Phillips. 1 think the Hulse work 



TESTIMONY OF J. ULICKENSUERFER, JR 1970 

was — indeed I reineinbor dow tlie work for Tlulse was certified to by Mr. 
Forsyth, and tlie work for Murray by jMr. Barney. 

Q. How was it on A'iri>inia avenue ? — A. Tliat is by Mr. liarney, and 
on G street tlie same 1 believe. 

I)y ^h: Stanton: 

(}. Who .nave you information respecting the original contour of the 
ground on Second street ' — A. ^h: Henry S. Davis. 

Mr. ]\IATTINGLY. On Second street, your statement as to the (juan- 
tit> — is that merely an excavation ? — A. That is all. 

(j). It does not include any embankment or filling t — A. No, sir. 

i^. It is between Indiana avenue and H street ? — A. Yes, sir. 

Q, Did you examine Second street between Pennsylvania avenue and 
Indiana avenue ? — A. I walked over it. I didn't give it as close ex- 
amination as the other part. 

Q. Did you notice their hauling brick there ! You have not included 
that in your statement. — A. No, sir. 

Q. This statement of Mr. Forsyth is from Pennsylvania avenue to II 
street '? — A. I suppose it is. 

(^>. I want to get at what you did. — A. I understood, however, that 
they paid for excavation and haul simp,ly, and that certificate so says. 
It (iocs not say excavation ; it says grading and hauling, I believe. 

The CiiAiUMAN, (to Mr. ^Mattingly.) You asked a question in regard 
to Virginia avenue, whether the witness took into account any old 
Avork. 

Mr. Mattingly. Maryland avenue, there is a difference of 1*0,000 
yards. 

The Chairman. I should like to understand. It is claimed that the 
act of Congress making appropriation, provides for the payment of old 
Avork when that old work is replaced by new work. 

Mr. ^Iattingly'. Not rei)laced ; it is additional work. 

The Chairman. Was it the intention of the act of Congress to pay 
for any old woik done under the former government of the District 
nnless that old work remains? Do you get my idea ? Here the old 
government had gra<le<l a street and paved it. Now the new govern- 
ment take that i)avement up and they use the grade and lay a new 
pavement ; is it your understanding that the act of Congress intended 
to pay for a i)art of the expense of the old grading and the old pave- 
ment which was taken up. 

Mr. ]Mattin(;ly. That is not applicable to this case of ^[arylanl av- 
enue. In Maryland avenue, as I understand it, there had been tilling 
there done by the old corporation. 

Mr. Stanton. That excavation was done by the old corporation. 

Mr. Thurman. The benefit remains under the new improveinenr. 

Mr. Stanton. It was increased. 

]\Ir. Tih'RMAN. I only wanted to know what was your interpret ition 
(»f the law. 

Mr. Mattin(;ly. Tiie law was to re imburse the old (^orporiition. 
< )ur understanding of the act was, that it was to reimburse the boaid for 
work don(^ by the old corporation. 

.Mi;. Tiii'r:\ian. Whether that work contributed to the existing work 
or not 'i 

Mr. ]\Iat'J'IN(;i:"S'. I think so. The woik that was done was regarded 
as benelicial ;it the lime. 

Mr. Stanton. In this i)arliciilar (;asc tiie L'nited States got the bene- 



1974 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

fit of what was done, and retains tlie benefit of what was done by the 
old corporation. 

Mr. TiiURMAN. Let me put a case by way of illnstration. Suppose 
that street had been paved on the natural ground without any excava- 
tion at all, or any material excavation ; had been graded and paved, and 
needed no gTadin<i;- of any consequence, and, under the new system of 
improvements, it was necessary to excavate that three feet, and it is ex- 
cavated three feet, and the old pavement torn up, and a new pavement 
laid. Is it your understanding that the act of Congress was intended 
to pay for the old pavement which was entirely thrown away? 

Mr. Stanton. I am not aware that any such case has occurred. I 
have not examined the act to ascertain what would be the proper con- 
struction of it. 

Mr. Mattingly. Colonel Samo informs me that the construction put 
upon it in a case of that sort was that it was only the labor of taking- 
it up. 

Mr. Thurman. That would be part of the new work — the labor of 
taking it up; it would be a ]'.art of the improvement as much as any 
other excavation. But I understand it is only claimed that where the 
old work was subsidiary to the existing work there, the Government 
would not pay for it. 

Mr. Stanton. That was the case with reference to Maryland avenue. 

By Mr. WiLSON : 

Q. Did you see any evidences of rock-excavation at any place where 
you liave examined? — A. None except bowlders — a large amount of 
bowlders occasionally would occur — appear to be present. 

Q. Is that what you call rock-excavation 1 — A. I do not know what 
constitutes the items of rock-excavation as I find them in here, but if 
you were to address the question to m3, 1 would say that everything that 
is too large to be removed with reasonable ease without being blasted 
or broken up, is considered rock. 

Q. Did you see any evidence of anything of that kind in the places 
where you were ? — A. I did. 

Q. Where 1 — A. I saw bowlders of that kind dejiosited in the work 
beyond P-street circle on New Hampshire avenue. If I recollect aright, 
I believe that- is the place. 

Q. Is that one of the places where rock-excavation is charged for ? — 
A. There is rock-excavation charged for in New Hampshire avenue — in 
part of it. 

Q. In any place else ? — A. There was rock-excavation charged in 
Maryland avenue. 

Q. Did you see any evidence of rock-excavation there ? — A. I saw 
no pieces of rock nor anything of the kind ; yet it is not unlikely. The 
character of material may be such that occasionally you will find such 
a bowlder in it, although tliere was not much gravel appearing in jVIary- 
land avenue anywhere, aiul you only find those in alluvial formation of 
that kind. 

Q. Did you find any difterences in the matter of haul ? How had ,. 
they made up charges against the Government — the charges for the j 
grading and the hauling in separate items ? — A. In some cases they ' 
had ; I believe they had in all cases, except New Hampshire avenue. 

Q. Do the charges for grading and hauling correspond to the charges 
on which payments were made to contractors? — A. You mean as to 
price ? 

Q. Yes, sir.^ — A. No, sir; they do not. 



TESTIMONY OF .1. liLICKENSDERFER, JR. 1975 

Q. Wbat arc tlio (litforeiieos, and ^liere are the ditVereiiees to be 
fouiul ? — A. 1 read them all ott, but they are usually lar.<ier to tlie Gov- 
ernineut by about 10 eeuts in excavation, and from 5 cents to, I cannot 
say how much, in the haul ; 1 do not remember exa(;tly. I can refer to 
it, however. On (J street the haul is 21 cents higher in cliarge to the 
(Jovernment than is paid to the contractor ; and excavation — on a 
larije portion of it — the price on three-fourths of the excavation, or 
about that, is 10 cents a yard hif>her than ])aid to the contractor. 

Q. If you have in your notes or mind any other case where such 
discrepancies occur, I would like to have you state then>. — A. On Mary- 
land avenue the haul i)aid to the contractor varies from ]| cents to 
1*1*^ cents, but by far the lar^^est part of it — three-fourths of it — is 
char,s:;ed at cents, and to the Government it is all charged at 15 cents. 

P.y .Air. Thur:\iax: 

Q. The haul f — A. Yes, sir. You understand that I do not mean to 
say that the Government is charged lo cents, but in making up the 
amount it is calculated at 15 cents, and then a proportional part of it 
is charged to the Government, two-thirds or live-sixths, whatever it maj" 
be. 

The committee here took a recess until - o'clock p. in. 

The committee re-assembled at 3 o'clock p. m. 

Examination of Air. Bltckensderfer continued. 
By Mr. Jewett : 

Q. In your statement of the amount chargeable to the Government 
for work which yon have examined, have you made anj' allowance to 
the District for engineering '! — A. Xo, sir ; I have not. 

Q. Should there be an allowaiH;e made to the District for the expense 
of engineering, superintending, &c. '. — A. 1 think something should be 
allowed over what is i>roperly paid to the contractors to cover that and 
other gciKMal expenses. 

(^. What would you regard as a reasona\)le allowance ? — A. AVell, I 
think, in work of this kind, 5 per cent, would be a good allowance — 
plenty. 

Q. You thiidc 5 jx'r cent, would be a good allowance for work of this 
kiml ? — A. \'es, sir. 

i). ^Vilat would be a reascmable allowance ? — A. It depends some- 
what upon the actind condition of thi!igs ; I thiidc where work is so 
compacted as it is about a city, where you are not obliged to travel very 
far, that e\'en something less than 5 i)er (;ent. would answer, yet I would 
have no objection t(» an allowance of 5 per cent.; i)robably ;> per cent, 
would cover it in most cases, 

(^>. In addition to the Avork that yon have tested, which you have ex- 
l>lained this morning, have you examined generally other work in the 
city ? — A. .Sonn; other work ; not a large amount of it. 

(}. IIa\(' you applied to the engineers for information tonehiiig any 
other work ? — A. Yes, sir; some other. 

Q. What engineers have you talked with on the subject ? — A. I made 
my formal ai)pli<;ation to Mr. Cluss, the engineer of the board, and he 
relerred nw to Mr. Jiarney frequently; I have had conversations with 
those two. 1 liaxc likewise conversed with ."Mr. Forsyth and some with 
Mr. Oertley. 

Q. Have they exhibited to you from t ime to time notes of any kind 
in reference to work '.' — A. Y'es, sir; they have exhibited the notes of 



1976 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

this earth-work that I examined to-day, as I explained before, and of 
some additional work. 

Q. Have they explained to you the steps taken by them to ascertain 
the quantity and character of the work done from time to time to any 
extent ? — A. 1 do not recollect that they made any very specific explana- 
tion, because I supposed there was but really one method, and that was 
by going on to the ground with an instrument and taking such notes as 
would enable one to make a section of it and profile. 

Q. From your knowledge of work of the character done here and as 
an engineer, did you find anywhere evidence of the proper steps having 
been taken before the work was commenced? — A. Yes, sir; in those 
cases, on portions of New Hampshire avenue and on Virginia avenue 
and G streer, and about the Post-Office, there was every indication about 
the notes that they had been properly taken before the work was com- 
menced. 

Q. How as to the balance of the work that you talked with them 
about ? — A. No, sir ; I do not recollect any other case in which notes 
Avere furnished to me that seemed to me to be of the right character as 
taken before the work was commenced, but I was informed by them 
when asking for this kind of information and notes that upon a great 
deal of the work they did not have any cross-sections or any notes taken — 
that it was commenced, and a great deal of it executed, before they had 
any information that the contractor was at work, or before they could take 
the notes ; that they were very much hurried frequently, and frequently 
they did not know anything about it until ground was broken and a 
great deal of the work performed. 

Q. Is there any other way to keep accurately an account of work 
done, settle questions of quantities, than of a profile and cross-sections 
previous to its commencement I — A. I think no other way. Indeed, I 
would not have any idea of any other Wiiy excepting that you refer to 
earthwork. 

Mr. .lEWETT. Yes. 

The Witness. Yes, sir. 

Q. If done in any other way it must be by mere estimate or conject- 
ure? — A. I can see no other way after the work is commenced or par- 
tially executed. 

Q. Did you find, so far as your examination extended, any instance in 
which the n)easnrements were accurate ? — A. I have had no reason to 
doubt the accuracy of the measurements, as I stated before, for earth- 
work on portions of New Hampshire avenue, and on Virginia avenue, 
and on G street, and about the Post-Office; I refer to the measurements 
as furnished to me in the notes from the engineer's office. 

Q. AVhat proportion of the whole work in the city did you examine ? — 
A. It is hard for me to tell ; but I do not suppose I examined 5 per 
cent, of it. 

Q. Had you occasion to examine their accounts, vouchers, estimates, 
and settlements to any extent ? — A. Yes, sir ; I examined the estimates 
and vouchers in connection with the work that I was examining; not 
beyond that. 

Q. Were they generally made up on any system, or were they mixed 
so as to leave the result in doubt 1 — A. Well, there seemed to be sys- 
tem about it; I cannot say that there was any want of system; but I 
observed this, that when asking for the final voucher, or voucher of 
final payment on a contract, I did not always obtain what I supposed 
I did by asking for that which was the aggregate of all payments for 
work done under that contract, or by that contractor, but that there 



TESTIMONY OF J. IJLICKEXSDERFER, JR. 1977 

Avere what were termed " extra bills,"' wbieli were for additional work, 
or sometimes part of the work, which it seemed to me belonged to that 
contract, but was not contained in the final voucher. 

Q. Did .Mr. !Samo make any explanation to you about the mistake in 
the nieasurenuMits on New IIami>shire avenue? — A. When I first ar- 
rived at my results on the avenue and tound tiuit they varied very much 
from the statement in the go^'ernor's answer, I requested, or at least I 
asked, Mr. Samo whether he could exjdaiu or tell me wherein the dif- 
fereuce consisted. He theu said that he had no doubt his notes and en- 
tries that he had made in his books Avonld show exactly how he had 
estimated it. 1 asked him whether he would have any objections to 
furnishing- me with an extract, or Just a statement extracted from his 
books, showing as nearly as he could the details of the items, rather 
exhibiting the points at which the different quantities occurred, so that 
I could make a closer comparison than by having merely the gross 
quantity. lie furnished me with that statement. 

Q. 13id you go with Mr. Samo, then, upon the ground '. — A. I did upou 
]uost of it; not over the entire avenue. 

Q. Did you point to him wherein his statement did not correspond 
with tiu^ f\icts?— A. I did. 

Q. Did he make any answer to that? — A. Yes, sir; he stated that in 
one instance the differences he sup[)Osed might be reconciled from the 
fact that he had rei)reseuted certain (piantities between certain streets, 
whereas, in point of fact, they were between certain other streets; and 
then, I think, in one or two other cases he thought probably that he had 
included some old work that was done there before the board of public 
works had begun to work, and in one or two other cases he did not seem 
to be able to say exactly how it hai^pened. 

(}. Have you had any conference with (rcneral Babcock ? — A. I called 
upon General Babcock to ask whether he had exj)lanations in reference 
to any of these tilings. 

Q. Did you give to General Babcock and Mr. Saujo, or any one, the 
opportunity to explain any mistake that you found to exist ? — A. Yes, 
sir ; I believe I did ; at least I showed both of them the resnlts that I 
had arrived at, and I believe explained in every instance the quantities 
that I had obtained, unless it was in the case of the sewer on G street, 
which I only discovered yesterday, and I have not communicated with 
either of them since, except that 1 mentioned it to Colonel Samo here 
to-day; after the examination this morning. 

Q. Was it 01' not suggested to you by members of the committee to 
give to General Babcoek and Mr. Samo, ami the other engineers of the 
Ijoard, oppoitunitics to explain belore you testified 1' — A. It was; or it 
Avas at least assented to b\ them wiien perha[»s suggested by myself, or 
in conversation on the subject. 

By Mr. AVilson : 
(}. Did you notice anything in regard to this Iludnell matter in con- 
nection with New Hampshire avenue ; I believe you s])()ke (d' Iludnell 
in connection with New llanq)shire avenue '. — A. I intended to have said 
this morning in my examination of New Hampshire avenue that I had in- 
cluded in tlie statement of paynuMits to contractors upon (hat aveniu- all 
the work that 1 foun<l, ex(;ei)t that contained in a certain voucher pur- 
l)orting to be for payments made to Mr. Iludnell, which 1 did not include. 
[The witness i»roduces a pai)er.] This is it. I may say that geiu'rally, 
and New Hampshire avenue among the rest, when I arrive(l at my <pian- 
tities I applied for the vouchers in order to determine (lie jtayments 



1978 AFFAIRS IN THE DISTRICT OF COLUMBIA 

that had been made to the coutractors, and asked for everything 
that had been paid for upon tbe avenue, sothatlcoukl get at the aggre- 
gate of the whole of it. 1 was furnished with tbis voucher of i)ayment 
to Mr. Huduell, amouuting to $4,720.85, in wbich there are 2,883 yards 
of grading, and purports to be on New Hampshire avenue, between Six- 
teenth street west and the boundary. I did not allow it simply because 
I could not find it there; I did not make a statement of it because I 
could not hnd it. It may belong somewhere else ; that I do not know. 

Q. This seems to be certitied to by Mr. Forsyth ? — A. The names are 
on it there — Forsyth and Green. 1 may say that I applied to Mr. Bar- 
ney for information in reference to this and he could not give me any. 
I remarked that there was grading done on the avenue or the crossing 
of Fifteenth and the crossing of Sixteenth streets ; that is to say, Six- 
teenth street has been graded across tbe avenue; Fifteenth street has 
been graded partially across the avenue, but it was new work undoubt- 
edly, and 1 asked liim whether that work was this work : " No, sir," 
says he, "it is not; that is a different matter entirely, and I cannot 
give you any explanation about this." 

Q. You have had considerable experience as an engineer; state to the 
committee your opinion as to the manner in which this engineering has 
been done in this city. — A. Well, I should say that I think a good deal 
of it has not been done at all. 

Q. I should like to have the benefit of your opinion from your investi- 
gations here. — A. I think, sir, that, so far as I am able to judge, espe- 
cially in reference to the earth- work — I cannot say so much in regard to 
the balance of it — it has been what I should say loosely done ; not done 
with that degree of care and attention to securing the data upon which 
you can base your results and the calculations of your quantities — the 
determination of the facts which you want for the purpose of settling 
with the contractors and those in interest; not that care devoted to the 
determination of that which I think the work, or any work, deserves. 

Q. If contractors were put to work upon streets before the engineer 
and before the engineering department had an opportunity to make their 
necessary data, would it be possible for tliem to get at accurate re- 
sults! — A. In regard to grading 1 think it W'Ould be very difficult, sir, 
next to impossible ; in regard to matters that appear when the work is 
done, such as pavement and curbing, I do not think there would be any 
difficulty. 

Q. Have you made an examination of a reservatiou or space at the 
intersection' of O street, Twentieth street, and New Hampshire av- 
enue ? — A. I have. 

Q. Have you your calculations made in regard to them ? — A. I have 
them nearly made ui), but they are not com[)leted, and I did not refer 
to them this morning on that account. 

By Mr. Jewett: 

Q. Where earth-work is commenced without profiles and without 
cross-sections, is there not great room for fraud as between the contract- 
ors and the engineers, and almost beyond the power of the detection of 
the employer? — A. I think the room for fraud depends — well, yes, there 
is room, because the means of accurately determining the quantities are 
gone; they are not to be found. Yes, in that respect there is. 

Q. Well, as a chief engineer, which you have been a great many 
years, if you had found a subordinate permitting contractors to go on 
with their work, making excavations and fills previous to his taking a 
measurement of the ground and making his profiles and cross-sections 



TESTIMONY OF JAMES A. MAGRUDER. 1979 

with his calciihitions, would yon keep liiiii '. — A. I do not tliink I wonhl 
aUow him to try me more than twice ni>on that subject, sir. I am not 
sure that I have detinitely answered your question. 

Q. Well, make it definite, if you please. — A. I should certainly not 
keep him at all if I found him doing it a second time, after bein;^- repri- 
manded the first, and I could only excuse such a thing as having been 
done at all by his being a young man inexperienced, or some exceptional 
reason — of illness, or something of tiiat kind. 

(). Supiiose. instead of hisbinng a young man and inexperienced, you 
would find him an old man of twenty or twenty-five yearvS' experien(;e, 
how would you excuse him then, or could you excuse liim ! — A. I can- 
not say how I would excuse him; that would dei)end upon circum- 
stances. If there was any excuse, I cannot see what it would be; it 
must be something that I cannot think of. 

Q. Suppose you would find with the same engineer errors in all these 
calcuhitions, and those errors always against the emidoyer, what would 
be your conclusion as to that engineer ? — A. My conclusion would be 
that I had better get rid of him right away. 

By Mr. Bass : 

Q. Was this earth-work that you examined selected as simply earth- 
work of that which had been done in the city, or was it because your 
attention was directed to those particular i)Iaces as being places as to 
which there was criticism? — A. My attention was directed to some of 
them, and to some of them I believe not; but I selected them out of 
those that I directed my attention to, chietiy because ui)on them I seemed 
to be able to get data that would lead me to a definite or accurate result — 
better data for bringing out an accurate result than those I found in any 
other case. 

Q. So that there were some that you selected yourself for the purpose of 
testing the accuracy of the work ? — A. W^ell, yes, sir, I can hardly 
recollect on that subject. I may say that I have had my attention 
called to a great many things, and I can hariUy tell which ones, aiul to 
which ones it has not been directed, and it maybe that they have every 
one been suggested to uie. Besides that, however, 1 looked around to 
see where I could find somethirjg that would lead me to a definite 
result — something that I could rely upon, and I selected these in that 
way. 

James A. MAGRtroER recalled. 
By Mr. Wilson : 

(Question. [Handing the witness a paper.] L')ok at this pai)er and see 
whether that ])a]>er, or one of tlu; sanu'. character, was posted uj) on the 
<loors of tlieollices of the board of public works. —Answer. 1 do not recol- 
lect, sir. 1 think it very likely it was so. Mr. Johnson can tell you. 

Q. Please read it.— A. 

l}(>Ai:i) or Pi iii.ic WouKs, Disrijirr ok Cor.rMiirA, 

ll'anhhi(/loii, Scptcmhcr 'S!, 1373. 
Ordered, Tliat hcii'aftt'r no cUmIc oroniitloyi^ sliiiU Rive any inroiination or sliow any 
ufilicial iiapiT to any jn-rson not connecteil witli tin- board, nnlcss by sjiecial ilircfition 
tVoMi tliis (iidcc. iindci' |HMialty of .snniiuary dismissal. , 

J5y order of tin; \icc-|iri'.sidi'nt. 

C'lIAS. S. .JOHNSON, .s'e(re/«/-i/. 

Q. Did the board make such an order as that ? — A. \ do no! ktiow: I 
sup[)ose you will find it upon the journal if it is so. 



1980 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

Q. Did you see such a paper as tliat posted up on tlie doors of the 
ofiice ? — A. I did not to iny knowledge. I may possibly have seen it. 
I cannot recollect tbat I did. 

Charles S. Johnson sworn and examined. 

By Mr. Wilson : 

Question. Was tbat order made by tbe board of public works ? — 
Answer, It was done by order of the vice-president, Mr. Willard. 

Q. Was it an order of the board, or simply an order of the vice-pres- 
ident? — A. The order of the vice-president. 

Q. Was this notice posted up on the doors of the board of public 
works? — A. It was posted up about the building, I believe. 

James A. Maoruder took the stand. 

By Mr. Wilson : 

(Jnestion. Wns your attention ever directed to the act of June 25, ISTo, 
which I hand to you, containing the appropriations for raising and un- 
derpinning houses and raising the market-house? — Answer. Yes, sir; I 
have noticed that act. 

Q. Did you receive the bonds that are provided for in that act — that 
were issued pursuant to that ? — A. I think so, sir. Yes, sir. I received 
those bonds, and charged them to myself as treasurer. 

Q. You seem to have charged yourself with these bonds on the 
27th of August, 1873, amounting to $790,000?— A. Yes, sir. 

Q. What did you do with those bonds? — A. I paid them out for the 
obligations of the board. 

Q. AVhat kind of obligations? — A. Any that came along. 

Q. Anything that came along? — A. Yes, sir. 

Q. Are you enabled to show to the committee to whom you paid those 
bonds ? — A. ]S^o, sir. 

Q. Can you not give the name of any person to whom you paid those 
bonds ? — A. I can give the names of half a dozen or a dozen, probably. 

Q. I would like to have the names of such persons as you paid those 
bonds to. — A. Well, sir, when I paid them my clerk was not there. I put 
the certificates in an envelope and marked on them what they were paid 
for. AVhen he came I gave him those things to charge them all up. 
Whether I have any of those memoranda retained or not, I can not say 
now. I can tell when I go to the office. It may be j)ossible some of 
them are there. 

Q. I have here some vouchers, one for underpinning houses 
on Bridge street, Georgetown, D. C, certificates, $7,000, issued 
on the 18th of February, 1873, to Samuel Strong; another for 
$5,000, issued March 17, 1873, to Samuel Strong ; another for $7,000 
on the 5th of April, 1873, for the same thing, on the same account ; 
another on the 14th of May, 1873, for $17,341, on the same account; 
another^ on the 18th of June, 1873, for $4,000, on the same account; 
another July 2, 1873, for $5,000, on the same account ; another on the 
19th of July, 1873, for $6,000, on the same account; another on the 
IGth of August, 1873, for $1,583, on the same account ; another on the 
IGth of August, 1873, for $10,000, same account ; another on the 22d of 
August, 1873, for $394, same account ; another on the 22d of August, 
1873, for $610.83, same account; another on the 17th of September, 
1873, for $4,872.88, same account; another for $2,938.25, on the 26th of 
September, 1873, same account; another on the 16th of October, 1873, 



TESTIMONY OF JAMES A. MAGRrJ)ER. 1981 

for 815,000, same account ; anotlior on tlio 17tli of Oetol)or, 187.1, for 
6300, same account; anotlier for $1,400, Ttk of January, 1874, same ac- 
count ; and another for $225 on the 7th of -January, 1874, same a(;count. 
Tliese vouchers all seem to have been for un(leri)iunin<;' houses, and 
issued to Samuel Stroufi,-. Did you ])ay any of those bonds to yaniuel 
ytrong: on account of this work? — A. Not that I know of; 1 do not. 
think that he ever asked for any of them. 

Q. Why did you not do it? — A. Because he did not ask for them 
Samuel Strong had made an arrauiiemcnt with a party. Dodge and 
Darneille, or Darneille and IJarber, to give them his certiticates. Thcy 
came to me freciuently to get them cashed. I did settle with them for 
a great many of them. Samuel Strong afterward came to me and told 
me not to pay any of his vouchers to anybody without his consent. 

Q. Did you i)ay any of these bonds to any persons on account of Sam- 
uel Strong? — A. I do not know. That I cannot tell you. 

Q. Had Mr. Strong hy])otliecated these certiticates with these parties 
for loans of money? — A. I do not know whether he had those or not; 
he had some. 

(}. For underpinning houses ? — A. 1 do not know what for. They 
told me that they had a power of attorney to draw all his. 

Q. And they applied to you? — A. They applied to mc for some pay- 
ments. 

Q. Did they apply to you for payments of those bonds on account of 
this? — A. Xo, sir. 

Q. And you paid none of these bonds to them ? — A. I do not know ; 
I may have. 

Q. Have you any means of knowing whether you paid any of these 
bonds to them? — A. Xo, I could not, without asking them. 

Q. Have you been a meuiber of the board of public works since its 
organization ? — A. Yes, sir. 

Q. Were you aware of the contract made Mith ^Vlr. Strong for the 
underpinning of these houses? — A. I knew he was doing the work. 

Q. This contract seems to bear date the lOtli of October, 1872; these 
certificates, I presume, were issued on account of that contract; anil 
correct about that? — A. I sui)pose so. 

Q. This act, to which Icalled your attention a moment ago, makes an ap- 
propriation of .$150,000 for raising and underpinning houses, and another 
appropriation of -$24,084.83 for raising and underi)inning the George- 
town market-house; and the same section contains this proviso, "That 
the money hereby approi)riated shall be paid out by the treasurer of the 
District of Columbia upon warrants drawn by the governor and comp- 
troller of the said District;'' and the second section provides ''that, to 
enable the governor to pay the above appropriations, he is hereby au- 
thorized to issue bonds of the District of Columbia bearing interest at 
the rate of 7 per centum per annum, not to exceed the sum of $5;U>,000, 
Avhich shall be sold l>y the governor, the proceeds thereof to be 
iise<l for the puri)oses above si)ecilied, and for no other purposes 
whatsoever.'" I want to know upon what authority you used tiiese 
bonds for other pur[)oses than are specilied in this act. — A. ^^'elI, 
I <]() not know that I ever noticed, or my attention was called to, that 
part of the law. The treasurer of the District [IT. S.] turned tlie bonds 
over to me. J [»aid them out to anybody that came for them, while I had 
them. 

Q. Then, is it not the fact that you have used those bonds for the pur- 
pose of])ayingthe ol)ligations of the board of ]»ubli(; works, without ap- 
l)lying them to the [)ayment of these certilicates that were issued on ac- 



1982 . AFFAIRS IN THE DISTRICT OF COLUMBIA. 

count of work which is specified there ? — A. We have doue a good deal 
more in the way of raising houses than what Strong did, and settled for 
it ; and I do not know whether it amounts to as much as those bonds 
amounted to or not. 

Q. Did you take any ]>ains to ascertain? — A. No, I did not. 

Q. Did you pay any attention to that provision of that act! — A. I did 
not; and I do not think my attention was ever called to that provision 
of the act before. 

Q. You have been handling a great deal of money, sir. — A. I have, 
and I have accounted for it all. 

Q. I am not calling that in question now, but I wanted to know the 
manner in which you have been i)roceeding in this matter. — A. Well, 
sir, whenever I had anything at all, as a man came there with an obli- 
gation of the board of public works, 1 paid it with the best thing I had. 
If I had moiu'y, I paid the money; if 1 had anything else that he was 
willing to take, and thought was a better security than onr auditor's 
paper, and he could use it better, I gave it. Our effort was to get the 
work done, and help it along. 

Q. Who has had contracts for underpinning houses besides Mr. 
Strong'? — A. Messrs. ITollingsworth & Coughlan. 

Q. Where are they from ? — A. They come from Chicago. 

Q. Have they been paid ? — A. I think they have been settled with. 

Q. Have they been i)aid either in these bonds or otherwise '? — A. I 
think so, sir ; I know they have been paid a good deal. I do not know 
whether they have been settled with in full. 

Q. Do you know what their work amounted to ? — A. I do not. 

Q. If you have any other explanation to give of this than you have 
already given, I would be glad to have you make it, because I want to 
give you the fullest opportunity to explain. — A. I have no other expla- 
jKition, except to say that matter was not called to my attention, and 
that I have paid these things out for obligations of the board of public 
works whenever parties came who were willing to take them. I do not 
think those certificates have ever been presented to me. I know, as I 
stated before, that in this matter of Dodge & Barber, or Dodge & Dar- 
neille, I forget which it was, that Mr. Strong came to me and requested 
me not to pay any more certificates in that case. He wrote me a letter 
to that elfect, and said that they had broken their obligation to him to 
furnish him money at legal interest, and that they wanted now to take 
his certificates and sell them at just what they pleased, and that he did 
not want that done ; and sin(;e that letter of his, I have never paid any. 

Q. Where is that letter ? — A. I think it is down at the board. 

By Mr. Stanton : 

Q. I notice that the proviso of the first section is in these words: 
^'■Frovided. That the money hereby ai)propriated shall be paid out by 
the treasurer of the District of Columbia, upon warrants drawn by the 
governor and comptroller of said District.*' Did these bonds come into 
the possession of the board of public works upon warrants drawn by the 
governor and comptroller of the District on the treasurer? — A. I 
think so. 

Q. That is the way then they came into the possession of the board i — 
A. That is the way they came into my possession. 

Q. And thus they caine into possession of the board according to the 
terms of the law "? — A. Yes, sir. 

Mr. Stanton. Now, Mr. Chairman, I will call your attention to the 
fact that the purpose of this act, and of this appropriation, is to re-im- 



TESTIMONY OF SAMUEL STRONG. 1983 

burse the board of ])ubbc works of the ])istrict of Cobuiihia. Section 
second proxides ''that to enabUi the governor to pay the above appro- 
priation, he is hereby aiitliorized to issue bonds of the District of Col- 
und)ia bearint; interest at the rate of 7 per cent. ])er annum not to ex- 
ceed the sum of §530,000, which shall be soUl by tlie j^overnor and the 
proceeds thereof used for the purposes above specitied and for no other 
purpose whatsoever." [To the witness :J Were those bonds turned 
over to you at par? — xV. Y'es, sir. 

Q. And were paid out by you at par ? — A. Yes, sir. 

Mr. Stantox. The proceeding' then seems to liave been that tlie 
bonds were turned ovt-r accor(Uni;' to the terms of the act, aiul for no 
(►ther purpose whatever, and tliere is nothing in tln^ ]>rovision of the 
act to prevent tlie board from using them in the same manner as they 
would any other resources of the board. They could use them in the 
same way as if the bonds had been s(»ld at [>ar and the iuoney turned 
over to the board, 

Mr. Wilson, I am not entering into an argument ; I am trying to get 
the tacts. 

Mr. Bass. Does it appear that the board of public works did. in fact, 
pay for this work, or just issued its certilicate i 

By Mt. Stanton : 

Q. That, I suppose, is in the same class of expenditures that AA'as referred 
to by the governor the other day. The same act was referred to. These 
expenditures had already been made, in hirge part, had they not, Colonel 
Magruder ? — A. Yes, sir. 

Mr. Stanton. It was a re-imbursement for an expenditure already 
made by the board. 

By ]Mr. Wilson, (to Mr. Magruder:) 

Q. Had you paid for them? — A. That I cannot say. 

Q. If Mr. Strong had his certiticates you had not paid them ? — A, Kot 
if he has them now 1 have not of course, or he would not have them. 

Mr. Stanton. If you will notice you will find no restriction upon the 
use of the bomls by the board of [lublit; works. 

Mr. Wilson. 1 find it provided there that they shall be used for the 
purjioses specified in that a(;t and no otiier. 

31r, Stanton. Yes; and that purpose is the reimbursement of the 
board of i)ublic works, 

Mr. Bass. They coidd iu)t be reimbursed unless they had paid the 
the mon(\y out of that work. 

j\Ir. Wilson. Your certificate is no obligation — it is simply an evi- 
dence of indebtedness. 

Mr. Bass. If you had merely given them the auditor's certificate for 
work done for raising houses, that was not a i)ayment. 

]\Ir. Stanton. It was an indebtedness incurred by the board, and the 
object of this act was to re-imburse the board. It provides that the war- 
rant shall be drawn on the treasurer by the governor and the comp- 
troller. That was done. 

Samuel Strong recalled. 
By yiv. Wilson : 

(Question. Are you the man wlio had tlie contract for iiiidei pinning 
liousesin (leorgetown — raisingaiid iinderpiniiingthe niarket-house .' — An- 
swer. I underiiiiined the market-house and buildings in Georgetown. 



1984 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Coiigblin, from Chicago, raised the buildinos. Hollingsworth & 
Conghliii did the raising, and I did the iinderpiuniiig aud carpeuter- 
w'ork aud repairing all througU the buildings. 

Q.. AYhat did that work amount to that you did? — A. In the neigU- 
borhood of .$113,000. 

Q. Did you get certificates ? — A. Nothing but certificates. 

Q. Did you ever get any pay? — A. Not a dollar in money, and not a 
bond ; I have repeatedly asked for it, and I never could get it. 

Q. To whom did you make application for the bonds ? — A. I made 
ai>plication to the board. 

Q. Did you ever apply to Mr. Magruder for bonds ? — A. Yes, sir ; and 
I have written letters and letters, aud got my friends to go there aud 
intercede for me to get money or bonds, and I never could get them. 

Mr. Magruder, (to Mr. Strong.) When ? 

Mr. Strong. If you will look at your letters — I got Judge Cartter toi 
go, and I got ditiereut men. I never appointed Darneille and Barber 
until after I had got about through that Georgetown work. I took 
this large contract out here, and I was obliged to have some help. I 
was about closed up in Georgetown on the work when they gave me 
this other contract, and that was to be paid in bonds. This was to be 
paid in money. 

By Mr. Wilson : 

Q. Eeferring to your contract, I find the stipulation is to pay or 
cause to be paid to said party of the second ])art, to his heirs, executors, 
or administrators, in lawful money of the United States, the amount 
which may be found from time to time due him according to the con- 
tract ? — A. Yes, sir; that is it. 

Q. You say they never have paid you any of that ? — A. Not a cent, 
sir. 

Q. If you have any explanation to make in regard to this Darneille 
matter, please make it. — A. Dodge, Darneille, and Barber, I appointed 
and gave a power of attorney. Mr. Totten drew the papers up ; that 
was when I took this contract; I was cramped, and I could not get 
through. The certificates that I took from Mr. Magruder I had to hy- 
pothecate, and put my notes up and these certificates behind them-. 

Q. That is to say, you gave the certificates as collateral security for, 
your uotes ? — A. Yes, sir ; and I never could get bonds or money to re- 
deem them, and I expect I have lost them — that is the amount of it. I 
cau bring you, to-morrow, papers and copies of letters that I have writ- 
ten to them over aud over again. 

Mr. AViLSON. You cau do so, sir. Bring them in to-morrow moruing. 

The Witness. I went with Mr. Darneille and ]\Ir. Barber, after I had 
appointed them my bankers here — I went there and begged for bonds. 
Other people got bonds, but I could uot. When the appropriation was 
made I could uot get a dollar. 

By Mr. Wilson, (to Mr. Magruder:) 

Q. Mr. Magruder, I would be glad to have you bring in, to-morrow, a 
statement of all the bonds issued, and to whom they were issued. 

Mr. Magruder. You have a statement of all the bonds issued. 

Q. I mean the persons to whom you paid them out. — A. I will give 
you what I can. 

The committee here adjourned to 10 o'clock a. m. to morrow. 



TESTIMONY OF GEORGE F. EDMUNDS. 1985 

Friday, May 15, 187-i. 

Tlio committee met at 10 a. m. in secret session, at the conchision of 
whi(;li, Mr. Wilson said : 

Qiiestioi). Juiliie Fisher, [Cnitetl States district attorney,] to avoid 
the necessity of further troubling you, I will ask you this question : Have 
yon at any time had any interest in any contracts under the board of 
public works ? — Answer. Not in the least. 

Q. Do you know David Keppel ''. — A. Yes, sir. 

Q. Are you interested with him in any contracts '? — A. Not the least. 

Q. What relations exist between you and him in regard to those con- 
tracts ? — A. I was his indorser when he first got his contract ; I loaned 
him some 8400 or $500, and I thiidc I let him have as much more after- 
ward, though I do not know exacjtlj' how much. I believe I indorsed 
a note in the National jMetropolitan Bank for him ; 1 indorsed two 
others, 1 think, perhaps three others; and while I was his indorser, in 
order to make me secure, he authorized Mr. Magruder to i)ay me the 
niouey that I might ap[)ly it to those notes. I have had that much in- 
terest in his contract; that is all. 

Q. That is all the connection you had with his contract? — A. Yes, 
sir. 

Q. In what wav did he pay you for the indorsement? — A. In no wa}^ 
at all. 

Q. Is he a man of any means himself? 

The Witness. Pay me for my indorsement ; what do you mean by 
that ? 

i\Ir. Wilson. Pay you anything for the use of your name ! 

The Witness. A. No, sir. 

Q. What amount, if any, did you retain out of the monej's that were 
paid to you by ]Magruder t — A. None, sir. 

Q. ^Merely made application for these moneys for the discharge of 
those liabilities ?— A. That is all, sir. 

Q. You got no percentage or money out of these contracts either 
directly or indirectly i — A. No, sir. 

2 o'clock p. m. 

The committee met in open session at 2 p. m. 

Mr. George F. Edmunds, being duly sworn, testified as follows : 

Mr. Edmunds. My attention has been called, Mr. Chairman, to cer- 
tain testimony which has been given before your committee on and since 
the Gtli of April, by Mr. K. B. Clark, aiuri believe by Mr. Magruder 
and Mr. Shei)herd — I do not know whether there was any other — touch- 
ing the subject of the so-called improvement of Massachusetts avenue 
between Fourteenth and Fifteenth streets, northwest, in which the rela- 
tion of a little place I own on the north side of Massachusetts avenue 
and myself to the board of i»ul)lic works has been drawn in ([uestion, 
and for the sake of having the committee know the whole truth upon 
the subject 1 desire to make this statement : 

I i)urchased the proi)erty where I now reside, it then being a vacant 
lot, some time in the year 1870, I thiidv — certainly before the board of 
public works began any systems of improvement, or 1 think were even 
created. I purchased it ui)on inquiry, which entered into the price that 
I paid for the property, as to whether the grade of the streets in that 
vicinity had l)een established and fixed by law, it apjtearing that the 
property had already been cut down in front of the whole block al)out 
.eight feet, 1 should say ; and I was informed, and as 1 understand the 
118 D C T 



1986 AFFAIRS IN THE DISTKICT OF COLUMBIA. 

trntli to be, that the ,arade had been fixed on that street and conformed 
to, the pav^ements and curbings hiid, the gas, water, and sewer pipes 
laid as far west as where my land was. I think the water went further, 
but I do not know that the sewer went further west than my place — 
probably it went a little further. So that I purcliased the property 
Mpon the truthful report that all the expenditures and assessments and 
other things touching the subject of the little place that I was to build 
had already been provided for and paid, and that left my house which 
I built something like S or 10 feet above the street and about 50 feet 
back from the street, on account of the whole property in the angle 
there having been disposed of by having a building-line run which 
began at Fourteenth street and went west, in front of which nobody 
could build; so I was compelled to build about 50 feet back from the 
street as it then stood, the sidewalk and everything finished, which was, 
of course, a very material consideration in reference to the price which 
I paid. 

After the board of public works came to be established, and the sub- 
ject of the improving the streets in Washington was brought forward, 
1 heard that it was "proposed to make some further- cutting between 
Fourteenth, Fifteenth, and Sixteenth streets and Massachusetts avenue. 
I made inquiry as to the extent of that cutting and what the necessity 
for it was. I cannot now remember of what persons connected with the 
board of public works I made inquiry, but from some of them, and was 
told in the beginning that the most that they thought of was to take 
oif something like three feet, and it was from the highest crest of the 
hill, which was, perhaps, two hundred feet west of my house, and about 
half way, perhaps, between Fourteenth and Fifteenth streets, for the 
purpose of diminishing the ascent from the west a little, making Mr. 
Corcoran's Louise Home, if that is the name of it, a little more conspic- 
uous from Fourteenth street and the circle — a matter about which Mr. 
Corcoran had before spoken to me in respect to having a little shaving- 
taken off' from the hill west of me, and to which 1 had replied that 
while I had not the least objections myself— as, of course, it did not 
aflect me at all — that I would not sign any petition or consent to any 
such thing unless all the others assented, because I did not want to 
be the instrument of doing them an injustice to the west when there 
was no public necessity for it, but a matter of mere taste ; and that leads 
me to remember that it was certainly before the board of public works 
came into i)ower that this was first spoken of. Then I made these in- 
quiries of the board, and was told that three or four feet was the most 
that the street wonld be cut ; and that was the object of it. 1 made 
the same remark then that I had before made to Mr. Corcoran himself, 
that, while it did not affect me at all, and I did not care anythnig about 
it, yet I would not be a party to any wrong upon the other gentlemen 
who owned property west of me ; that I did not see any ground for it ; 
that I woidd not be the means of subjecting these people w^est of me 
to very serious damage by so great a cut as that upon a mere question 
of taste. 

The natural surface of the land slopes from Tenth street to the west 
until it comes out to Mr. Wilson's and Mr. Morsell's house, and slojies 
more rapidly downward to the west again, and the slope of the street, 
as fixed by the original city people, and upon which I bought, harmon- 
izes with that undulation of the natural surface of the ground, whereas, 
the cut downward as it is now, from Fourteenth to Fifteenth street, 
makes the street pitch one way, and the slope upon which the houses 
have been built the other way, which, of course, is in violation of every 



TESTIMONY OF GEORGE F. EDMUNDS. 1987 

man's sense of wliat is proper in point of taste — in fact, makes a man 
feel as if he had a cross-eut saw npon his leg to look at it. The board 
of public works told me that only the crest of the hill to the west would 
be taken off, and that they were going to do the right thing with the 
peo])le who owned the land there. Of course, I saw no objection. It 
was nothing which in any legal sense concerned me at all. This was 
early in the spring of 1872, I believe. Then I went home to Vermont, 
leaving the thing in that way, being informed that the only disturbance 
of the existing order of things that the board of public works would 
make would be to take just a shaving off from the crest of this gently- 
undulating, beautiful row, like those stdl left in various parts of the 
city, for some reason or other. 

1 did not know anything more about it until I came back again, in 
the fall of 1872, to attend tlie session of Congress ; and when I got back, 
about the first week in November, I found that, instead of three or four 
feet being taken olf of the crest, they had begun at the line of Four- 
teenth street at the circle and made one deep cut, and drawn a true grade 
to the west clear down to Sixteenth street, which, instead of not cut- 
ting at all in front of my i)roperty, or just taking off an inch or two, 
had cut down somewhere from eight to ten feet — I do not know pre- 
cisely — and had left me that distance uj) in the air, in addition to the 
original grade, which had been settled and fixed, and upon which I 
bought there, so that 1 was left about sixteen feet, I should say, above 
the surface of the street. And then, instead of i)arking the street, as 
was talked of, like New York avenue, so as to leave the carriage-ways 
somewhere near the sides of the street, the parking had been done on 
the sides, and the curbstone was removed about thirty feet from where 
it was before; the conseciuence of which was, that 1 was eight or ten 
feet higher up in the air, and thirty feet or so farther away from the 
street. 

Well, inasmuch as I believed that there was no possible foundation for 
. ueh a })roceeding, either in point of taste or public utility — for there was 
no heavy draught of teams crossing there, and the grade was such that 
when I went away any reasonable span of horses could draw thirty hun- 
dred up or down without tiouble — I was very indignant, and 1 felt, per- 
haps unjustly— although 1 had no fact to base it upon — I feltthat some pri- 
vate interest had protluced an inlluence upon the board, not necessarily 
with the knowledge of the board, because J do not wish to make any impu- 
tation against anybody; l)ut I thought something besides a general re- 
gard to private rights and i)ublic interests must have produced that 
extraordinary performance. 1 accordingly, with the candor that I think 
always ought to characterize one's intercourse Avith public otlicials, wrote 
a letter to the board. It was sent to them, and it was received by them, 
and they have produced it today at my request. It is as follows : 

Wasiiingtox, Novcmhcr 11, 1872. 

Gentlkmex: Contrary to my expectation, derived lioiii conversation witii uicnibers 
of yonr board belbro I left W. in the sprinjf, I lind, on my return, a lui'^e canal dng 
from Fourteenth to Sixteenth streets in Alawsachiisftts avenue; grades once estab- 
lished, and sewers and water-pipes once laid and paid for, arc destroyed, and the line of 
houses riniiuj towaid tiie west left perched on tlu^ edgt^ of a gu]i' dexcciidiini to the west. 

As a citizen and tax-payer, and as a legislator having some responsil)ility for the 
projjcr progr<!SS of allairs, I hasten to protest against the change deseribi-d as an out- 
rage alike upon private rights and pulilic proi>t'rty. It seems plainly a wanton de- 
struction of ])ropcrty and waste of money, or to How from the dictation of some person 
pretending to be an engineer, who had, for public interests, better far be in some other 
calling. 

Now, as if to add insult to injury, over and over, I am told this, and that / must attend 
to, at my private and sole expense, iu re-couuectiug my sewer, water, gas, &c., which have 



1988 AFFAIES IN THE DISTRICT OF COLUMBIA. 

been disnlaced and thrown ont of joint by the vandalism of the performance, and the 
■whole connection seems to be left entirely broken, unless I make it myself as the work 

now goes on. , , ; ij? r i t i t 

I have felt it dne to both justice and candor to express myself freely, as I have done. 
I am bonnd from my knowledge of many of yon to presume that you have not person- 
ally promoted this wrong, but with somebody there must be responsibility, which in 
this world or the next will be reached. 

Yours, respectfully, ^^^ ^ EDMUNDS. 

The Board op Public Works, 

JVasMngton, D. C. 

To which letter I received a reply, of which this is a copy : 

Board of Public Works, District of Columbia, 

Washington, November 12, 1872. 

Dear Judge : Your letter of yesterday, relative to the improvement of Massachu- 
sett avenue, is at hand, and I regret that yon should evince so much feeling. The mat- 
ter was well weighed by each member of the board and consultation had with the 
eno-ineer in charge of Public Buildings and Grounds, who was strongly in favor of the 
chano-e, and my belief is that when finished you will say it was the right thing to be 
doner Had it not been for the horse-disease, the block in which you live would have 
been completed; such was our intention and determination, but "man proposes and 
God disposes." The connections of gas, water, and sewer shall be made at once, and 
are paid out of the general fund. 
Verv truly, yours, 
^ -^ ' ^ ' ALEX. E. SHEPHERD, 

Vice-President. 



Hon. Geo. F. Edmunds. 
True copy. 



FRANK T. HOWE, 

Chief Cleric. 



The result, then, was that the sewer-connections with my house- 
sewer, which had been connected with the one which had already been 
l)aid for by the lot, and which entered into the price of my land, and 
the gas and water connections, were made by the board of public 
works. I did not hear anything more about that. But I was left the 
whole winter long, as were all the people on that road, with the side- 
walks which we had paid for ourselves, all torn up and carried off and this 
vast gulf of earth sliding down there all the while. There were no steps to 
get up and down, until either I got somebody to go and put up some wooden 
steps or the board did. Between Fourteenth street and the pavement 
that had already been put down in Massachusetts avenue of tlie road- 
way of asphalt, there was left a space un paved of about 30 feet, I should 
tlii'nk, that had been dug out and all ready for the pavement, there being 
the wood that was around the circle and the asphalt, which went west 
in Massachusetts avenue, with this impassable hole of 30 feet between. 
I remonstrated and remonstrated, and begged and begged, until at 
last, toward the end of the winter, somebody came and btiilt a plank 
bridge— that is what it was exactly— a plank bridge across that gulf so 
that people who lived in that row which was composed of seven brick 
houses and a number of wooden ones were able to get across from 
Fourteenth street to the carriages into Massachusetts avenue. That 
brought us over until the spring of 1873, and then I was told by some- 
body—I did not know it before— that people who were damaged by 
these so-called improvements could have redress by petitioning to the 
board of public works ; that the legislative assembly of this District 
had in some way the power to do justice to people who were injured. 
I had in the mean time, as you may naturally suppose, examined 
the act of Congress which created this institute — board of public 
works— and had looked into their powers in respect to the improve- 



TESTIMONY OF GEORGE F. EDMUNDS. 1989 

nient of the streets, and had found tliat the tliirtyseventh section of 
the act, I think it is, provided that the> might assess the adjoining prop- 
erties si)ecially benefited by tliese improvements, to an extent not 
exceeding- one sixth of each side of the street. 

Mr, Stewart. One-third of the whole f 

The Witness. Yes. Toward the improvement, and collect the as- 
sessments as all other taxes were collected in such manner. They 
might assess in such manner as should be prescribed by law ; I think 
that was it. Having examined that subject, I became thoroughly sat- 
isfied that the whole performance was illegal, and that I might resist it 
with success. 

But I did not see how I could have the street restored to what it had 
been, beautiful and convenient for the whole block and for everybody. 
I could not see how 1 could have it finished unless I did it myself, which 
would cost more than I was able to expend for that purpose. There- 
fore my only course seemed to be to get such damages as I could, and 
to resist any invasion of my property by undertaking to put assessments 
upon it, which I was satisfied would be illegal iu themselves, and 
which, if legal in point of form, would have no foundation iu merit 
to stand upon, because the damage would be more than fifty times 
what any just assessment for the real amount of labor done iu 
putting the street iu order on the new plan would amount 
to. 1 caused the board of public works to be informed of the fact that 
I stood upon my rights. I do not know how, but by conversation with 
some of the members, probably, as I occasionally saw some of them. 
But this matter of getting this redress was suggested, and thereupon, I 
think, the board sent me these printed l)lanks for a petition for redress. 
I looked at one of them, and found that it really committed me, as I 
thought, to leaving it to the board of public works and the legislative 
assembly, or somebody in the District who belonged to the concern, to 
be the judge, without any right of appeal, or whether you had sufit'ered 
anything or not, and how much. I did not propose to i)ut myself iu that 
attitude. I tliought I understood my rights as a citizen, and I did not 
l^ropose to submit those rights to anybody except a judicial tribunal as 
a finality. But, inasmuch as it was stated that these gentleuien desired 
— and I do not mean to question it — desired to do justice by everybody', 
I consented to put in a claim for damages, not iu the form they fur- 
nished, but in this form which 1 now read : 

I'elUion to the board of puhliv ivorkafor assessment of damages. 

Washingtox, D. C, Fcbntanj 6, 1873. 
To the Board of Public Works of the District of Columbia : 

Gentlemkn: The uudersigaed represents that he is the owuer of thg following real 
estate in said District, viz: 

Ilonse ami lot, {'M feet front,) sqnare 21'2, on Massachnsetts avenne, northwest of 
Fonrteentli street, and that, under your direction, tlie following alleged iuiprovtMniiiits 
have been made, viz, the lowering of the grade of said avenue theretofore e.stal)lishi'd, 
and the removal of tlie available street line far toward the center of said avenue, and 
the consef|uent destruction of existing ]»aveinents, sowers, water and gas pijtes, and 
other things; tliat, in consetinence of said alb'ge<l iiiiiiroxfinent, special damages have 
been sustained by him in conn(^ction witli the snid property; that tliis damagti has 
been occasionf.'d by said lowering of grade, removal of availal)le street, making saiil 
property comparatively inaccessible, and perclu'd at a too great lieight above the 
street, and by the destruction of existing pavements, sewers, gas and water pipits once 
alniady paid for; tliat said property is worth twenty-live liundretl dollars less in value 
than before said innirovemeiits were uiad<!. II<^ theret'ore [irays that you will \)erson- 
ally inN|)ect said property or make an examination thereof as respi^ets said improve- 
lueut and the damages hereby claimed, and make a report thereon, as provided for iu 



1990 afV 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 

the act of tlie legislative assembly of the District of Columbia, entitled "An act pro- 
viding for the payment of damages sustained by reason of public improvements or 
repairs," approved June 20, 1872, to the end that said damages may be speedily jiaid. 
But the undersigned reserves all rights to obtain justice otherwise, and makes this 
T)etition so as to enable said District to do him justice by its own processes, if it will. 

GEO. F. EDMUNDS, 

Fetitionei'. 

District of Colu.^ibia, ss : 

Before me, James H. McKeuney, a notary public in and for said District, personally 
appeared George F. Edmunds, who, being duly sworn according to law, says that the 
statements contained in the foregoing petition are correct. 

GEO. F. EDMUNDS, 

Feitiioner. 

Sworn and subscribed before me this 11th day of March, 187.3. 

[SEAL.] JAS. H. McKENNEY, 

Noiaiij FuhVic, District of Columbia. 

That was sent to the board of public works. The other neighbors sent 
similar petitions — perliaps in the same words, or perhaps in the form 
that the board had approved. The whole subject was well known to 
all the neiiilibors on all sides, and was talked over and discussed. I 
heard nothing more about it; and being about to depart for Europe the 
1st of March. I left with Mr. Bayard, my next neighbor, with General 
Babcock, the Commissioner of Public Buildings and Grounds, and who, 
from having charge of the circles at both places there — the squares in 
Fourteenth and Sixteenth streets, and so on — had occasion to know 
what was going on there, and in whose judgment and character I had 
entire contidence — I left with him a memorandum or word, I do not know 
the form of it exactly, to tell the board of public works that if they would 
contrive some method, which I pointed out in a little diagram to him, of 
letting me have a little carriage-diive by means of which I could get to the 
street directly in front of my house — not this great long drive which they 
have tliere now — that it would make a very serious diminution in the 
amount of damages which I should claim. In Vermont it would have 
cost about 8100 to do what I wanted done. General Babcock said he did 
not know whether they would or would not, but he undertook the 
mission for us both to make that suggestion to them, th^.t it could be 
done at a very small expense, and diminish very greatly the amount we 
should insist upon as the damages. 

Then, on the 11th of March, I left Washington and went to Europe, 
and returned to Washington about the 1st of December, in the mean time 
knowing nothing of what had occurred. When I got back from Europe, 
about the 20th of October, 1 came over to Washington for a day or two, 
but I did not come back with my family until about the 1st of Decem- 
ber. Then 1 found the thing in its present condition. I found that 
instead of this little drive-way in front of our two houses, which 
could have been made at very small expense, they had made a 
drive-way along where the old sidewalk used to be for the bene- 
fit of the whole block. I, of course, had no objection to the others receiv- 
ing the benefit of any improvement, or being relieved of the distress 
that we were in. Of course I had no comi^laint to make on that score, 
but instead of making a drive-way for the whole block, §o that it 
could be available in the best way by being wide enough for the car- 
riage to turn round in, they put down an asphalt drive- way, so narrow 
that you cannot turn round with a carriage, while, as I was saying, 
it would have been just as easy to put it out three feet and farther, 
and from there to the grass — to the slope they had made so that carriages 



TESTIMONY OF GEORGE F. EDMUNDS. 1991 

could liave turned around. Wliat the reason was for tlieir adopting" this 
course I do not know, as I was not present, but there it was; and in 
order to get out from tlie house you have to go to the other end of tlie 
square — the wliole h-ngth of that h)ng- block. I do not know how thick 
the ivsphalt is that they have put down in the drive-way, but I know that 
in the suninier, while the sun is shining-, a horse cannot ste[) on it with- 
out his feet sinking into it. I was not altogether pleased with the ar- 
rangement, asyou may naturally suppose, when it was so easy to have had 
it otherwise. After a little there came to me, by mail or otherwise, a 
printed form of what was called "Assessments for special improvement'' 
in ]\[assachusetts avenue, where my 30 feet of front was charged with 
the excavation in the middle of the street — the whole thing being done 
in the middle — and these bridge terraces being the whole lay of the 
land — they were not put there. 

It was tlie old ground left, only grassed over, and a blank wall built 
along so as to keep them from falling down — to keep everything from 
tumbling in. The whole thing moved off in that waj'. I was charged 
S425.().j, that being only a sixth i)art of the whole of the expense for thirty 
feet ; that would be about 81-^ in round numbers a running foot 
for me, which, multiplied by six, would be 800 a running foot, or 
81,500 a rod for excavating, about. I do not know how wide tlie 
avenues are ; they are not excavated at the sides, because t hey are from 
thirty to Ibrty feet from the street line on our side down to where the 
" dig "' is, say 125 feet in width, or excavation to the amount of 10 feet 
in depth, which would make 81,500 the rod for digging out that 
amount of dirt and putting in a roadway, which is less than a foot in 
thickness altogether, for I noticed it when it was being laid in. I am 
very sure it was considerably less than that, although they went on the 
theory of its going to be from 14 to 15 inches thick. They put the 
asphalt pavement of about 10 feet in width on the south side, which 
they tell me is not done according to the contract, because there should 
be a grass-plat there, and on the north side, next to the curbstone, is a 
sodding about six or seven feet, and then an asphalt footwalk of ten or 
twelve feet, and then this blank wall, as it is called, of unhewn stone, 
which is entirely improper for the place. 

Then there is a slope, and then this drive- way of 12 or 13 feet wide 
above, which, in my o])inion — although I do not speak of that as an 
expert, nor as imputing any negligence to the board — but, in 
my opinion, the expense of the whole thing, according to the rate 
clmrged to me and to the otlier people along tliere, is certainly, 
si)eaking within bounds, double what it is justly worth. Well, 
I was indignant some more, of course. Then I set about incjuir- 
iiig what liad become of my claim for damages, and, of course, 
gave pretty speedy notice that I did not proi)ose to pay any 
assessments whatever, being satisfied, as I have stated before, that 
that they were wholly illegal in and of themselves, in a jilaee wliere it 
was an improvement. But waiving tliat (piestion, iuasuuu'h as the law 
only gave them the power to assess where projx'rty was specially iiene- 
lited, and inasmuch as my pro[)erty was si)ecially nijured, 1 did not see 
the propriety of my i)ayingforit. I found it was one of those mysterious 
things that "no fellow ean tindout" how much had been or could be 
allowed to me on my demand for damages. The owners of the proi)erty 
who might be sup])osed to have some interest in the thing did not know 
anything about the matter. That was one of the things that was 
reserved — reserved for the higher ollicers of the governnuMit, whoever 
they might be. It was proposed — I don't know whether lirst by me 



1992 AFFAIES IN THE DISTRICT OF COLUMBIA. 

or some one else, but I will take tlie responsibility of saying that 
it was 1 who first proposed a settlement in order, if possible, to get 
free from any connection with the board of public works. I do not 
speak with any feeling toward any member of the board in regard 
to this, but of the board as a body. I was only desirous of get- 
ting entirely free from the board of public works ; that if we could 
release on both sides all claims, and get upon an entirely independeut 
and disconnected footing, I would do it, although in doing so I 
should lose what, I feel as sure now as I did then, I should have 
obtained if I had chosen to insist upon ray rights — not only not to pay 
any assessments, but recover $1,500 or $2,000 damages. But when 
I got my judgment, how I was to collect the amount of that judg- 
ment was a slight puzzle to me. Therefore the settlement was made in 
the way it was. I gave to Mr. Magruder, who acted for the board, a 
quittance — I do not know but two papers ; I gave him this paper : 

No. 4534. Office of Auditor Board of Public Works, 

Washiiujton, D. C, December 10, 1873. 

I hereby certify th*t I have audited and allowed to account of George F. Ediunnds, 
for amount due as per settlement amounting to four hundred and twenty-five and -f(,% 
dollars. 

J. C. LAY, Auditor. 

$425.65. 

That was brought to me as the form of settlement, and that there 
might be no misunderstanding about it, I signed the following paper : 

Indorsement : Massachusetts avenue, square 212 of S. 54 and of sub 55. 

271. 28 
154. 36 



425. 64 

Washington, D. C, 

Dcccmher 31, 1873. 

Received from James A. Magruder, treasurer of the board of public works of the 
District of Columbia, four hundred and iHrn dollars, for the within, it being iu the ad- 
justment of a controversy with said board, in respect to which the claim filed hereto- 
fore with them is referred to. 

GEO. F. EDMUNDS. 

In satisfaction of that petition and discharge of that demand for dam- 
ages, I took in what they call the amount of $425 the work that had 
been done in front of my property, which, if done upon a just principle, 
would have cost under my own supervision — I verily believe, but, as I 
say, I do not wish to do them any injustice or speak as an expert — I 
verily believe would not have cost half the sum ; that is, my one-sixth of 
it. And I accordingly gave them that quittance and took from them a 
discharge of all claims for assessments ui)on me. This was done, as it 
respects the neighbors, who w^ere equally interested, with their knowledge, 
but I told, particularly. Commodore Almy's sister-in-law, Miss Gardner, 
who has charge of his affairs iu his absence, and who, being a lady, I 
felt more especially bound to speak witli, as the admiral was not pres- 
ent to take care of his own rights, precisely what the board had pro- 
posed to do, or I proposed to do in respect to adjusting this contro- 
versy, if it were one, or gettiug rid of being what I considered unjustly 
dealt by iu their undertaking to collect any assessment from any of us. 
I told Miss Gardner precisely what I proposed to do, and what the board 
proposed to do, in order that she might have the benefit, and anybody 
else who might be interested in the same settlement, if they could 
arrange it, or if they chose to go on and file a claim for damages, 1 had 



TESTIMONY OF THOMAS F. BAYARD 1993 

no doubt they would got a great deal more. That, I believe, is the 
substance of all I know about this affair, which has been most unfortu- 
nate to me in point of comfort, convenience, and value of the little prop- 
erty that I possess there. 

For I repeat to this committee that, having- some little knowledge of 
cities and towns, street-making, and beauty of landscape undidatious 
in a city designed for pleasure rather than business, that 1 can now 
conceive of no possible excuse, either in point of taste or public neces- 
sity, or convenience of travel, or any other thing for that performance. 
If there is any gentleman present representing either side 

The CiiAiKMAN. There is no gentleman representing either side, 
present; we are all of the committee, here. 

The Witness. I perhaps ought to add that in all I have said, I do 
not wish, as it is not my business as a witness, to make any retlection 
ui)on anybody's motives. I have nothing to say about that at all. I 
only speak of the facts as they have occurred. 

By Mr. Wilson : 

Q. Was there a brick walk in front of your house ? — A. There was 
one that had been laid down and paid for by the property, with J&ne 
stone curbing, and in perfect order. 

Q. What became of that? — A. I know it was taken up and carried 
off. 

Mr. Thomas F. Bayard. The statement made, Mr. Chairman and 
gentlemen, by Mr. Edmunds, will necessarily shorten mine. So far as 
he has stated the facts relating to his own property they are nearly pre- 
cisely a[)plicable to mine. I bought this lot a few months after he had 
bought his, and built up next to his, a party-wall being between 
us. lie has stated the inducement to buy this property. I was looking 
for a convenient and healthful location for my family. The elevation 
of this property, the slope-ground all around it — the grand sloping in 
every direction from the proposed site of his and my house — made it, 
as 1 thought, very desirable property. There was, as was stated by Mr. 
Edmunds, everything there in the way of convenience afforded by the 
pul)]ic sewer, giis, and water. Massachusetts avenue was not paved as 
to its bed, but, as I remember, it was guttered, curbed, and paved between 
]Massachusetts avenue and the line of my property. By a covenant 
with the vendor of my lot, who is the same as Judge Edmunds's, 
jNIr. Thcnjias B. Bryan, we bound ourselves not to build forward of 
a certain line, which was about fifty feet away from Massachusetts avenue. 
So I went and built my. house in 1871, moved into and occupied it 
in the winters of 1871 and 1872 and 1873, and I live there now. I 
had an intimation that they intended to park, in some Avay, 
after the creation of the board of public works, which was some time 
subseipient to my becoming tlie owner of this property, and build- 
ing my house. I Wiis infornuMl that they intended to improve it 
and park it alter the manner of K street, which 1 thought higlily preju- 
dictial to the interest of the i)ro[»erty, throwing little lots, which have 
not inappropriately been called i)rivate grave-yards, in front of your 
door, and keeping you back from the thoroughfare of the street, giving 
a longer distance to walk in bad weather from the curbstt)ne be- 
fore you reach your house. 1 wrote a letter to .Mr. Shepherd, 
vicei)resident of the board of public works, I had never seen 
him in my life. I wrote a letter to him, telling him that 1 trusted 
before anything ot this kind was done that the plan of im]»rovenu'nt 
would be submitted to the property-holders all along the street. To 



1994 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

that I received an answer that I shonkl have notice, but I never did 
get a notice, and in 1872 this excavation referred to by Mr. Edmunds 
was made. Before its commencement I had left the city. I believe 
that summer I had gone to Europe. My family moved back to my 
residence in Delaware, and when I came back to the session, in 
December, 1872, I found the great gulf that he has spoken of, and 
I knew nothing about — I saw the gas-pipes were put up in a tem- 
porary way, and the water was joined again, and the sewer, but it 
had all been done in my absence. I liad never been consulted about it, 
and, of course, I could not but have disapproved it in every way ; it was 
injurious to me, exceedingly damaging to nie. and I could not see where 
it benefited anybody else. In other words, from the day I first saw this 
until this day it seems to me to have been a most wanton and useless 
expenditure of money. Had it occurred in my city, and I simply been 
a private citizen there, I should have certainly enjoined the prosecution 
of such a work, and I think any court of equity would have sustained 
my application, because I believe there was no law to empower such an 
act, and I believe they would have been restrained. The whole winter 
of 1872-73 was uncomfortable and iuconveuient to my family beyond 
description. Almost the whole of that time, when any member of my 
family desired to use the carriage, they were compelled to walk on a 
board. Mr. Edmunds has described all the inconveniences of that. I 
heard in the spring of 1873 — I understood, I believe, from Mr. Edmunds, 
he gave me a blank petition, and we talked it over. He mentioned the 
fact that he has stated to you, that he did not desire to submit himself to 
the jurisdiction of this board of public works without a reservation of 
his legal rights elsewhere, to be tried elsewhere; and he drew^I be- 
lieve I made one or two verbal alterations, and I think he filled up the 
petition which he has read to you, and I filled up one in the words them- 
selves like it. It is a fac simile, or intended to be so, filled up by my 
secretary, my eye-sight being very much disordered at that time. I 
made oath to it on the 10th of March, 1873, to the effect that I had been 
damnified to the amount of $3,000 in my property — a thirty-foot lot with 
a house on it in this locality — by this action of the board of public works. 
This is the petition. 

By the Chairman: 
Q. It is in all respects like Judge Edmunds's ! — A. It is a/rtcs/m- 
ile. Only in this respect, that Mr. Edmunds claimed $2,500 and I 
claimed $3,000, for the reason that the slope of the hill placed me a lit- 
tle above him, and I was rather more inconvenienced than he by this 
cutting down, and thrown more remotely from the street; and tlie same 
reasoning I presume actuated my neighbor. Admiral Almy, of the]Sravy, 
who claimed, I find by his petition, $4,000. I gave xidmiral Almy a 
blank petition, and informed him of the action Mr. Edmunds and I had 
agreed to take, and I think it will be found that Mr. Almy has followed 
the exact wording of my petition in his. That petition upon the back ap- 
pears to have been filed upon the day I executed it. I know I sent it 
at once to the board of public works. I then went home to Delaware 
shortly after that petition was filed. The session of Congress had ended, 
and I went home, I suppose, in the mouth of April. After that and in 
the fall of 1873 there was sent to me two bills from the board of public 
works from the assessor's olfice, amounting to $125.04 for these im[)rove- 
ments — part was sewer-service ; part carriage-way and foot-ways, so- 
called — bat here they are, and I will state the reason, I think, why they 
sent me two bills. My lot of thirty feet was composed of two parts of 



TESTIMONY OF THOMAS F. BAYARD. 1995 

an ori.fjinal division in the square. The square was laid off in lots ; 
my tbirly-foot lot lies partly upon two, and, therefore, they niade 
their assessment aceordinj;- to the city plat, and the lot being- 
lot No, these are both for lot 54, But it makes no differ- 
ence about that ; this is my bill. I then wrote to Washington, to a gen- 
tleman who had attended to matters for me of this kind here — my pri- 
vate affairs — ^Ir. Anize Smith, who is employed now as a clerk in one 
of the document-rooms, and I inclosed to him these bills, and asked him 
to go down to the board of public works and inquire what had become 
of my claim for damages — my $3,0()0-claim. I proposed, in my mind, to 
use one as a set-off for the other. He wrote to me. 

I think I may read this letter, because I acted on information from him. 

[The witness then read as follows :] 

Senate Document Room, 

November 11, 1673. 
Sir: 

# # '# ■» *■# * 

I called to-day at the board of public works, and was there informed by Mr. Howe, 
chief clerk, who said he was the proper person to give the information wanted, that 
your claim for $:5,000 damage done to your property on Massachusetts avenue had 
been received, and duly referred to the conunission on damages ; that said commission 
had taken up the matter, examined the property, and made their report or award 
thereon, but positively refused to iuform me of the nature of the report or of the 
amount of award, if any— stating that the reports of the commission on claims for 
dauiages would not be made public until the meeting of the legislature of the District, 
when the reports would be sent to them with the recommendation that appropriations 
be made to pay them. The next meeting of the legislature will be in April next, unless 
a special session is called sooner, which is thought by many will be the case. The 
above, Avhich I know is not very satisfactory, is all the information I could get fromtbe 

board relative to your claim. 

# # * # s # # 

Very respectfully, vours, 

ANIZE SMITH. 

That remained so until I came here in December. When I came in 
December, I think, I was first informed by Miss Gardner, the sister-in- 
law of Commodore Almy, who was left in charge of his property, my 
next neighbor. She spoke of this affair, which, 1 need not say to you, 
had given the greatest dissatisfaction to all the property-holders 
of that scjuare. Admiral Almy had been peculiarly exasperated. He 
had been here all the summer, and had been an eye-witness, as 
he told me, to this continued aiul increasing excavation. Instead 
of being- of three or four feet, which j\Ir. Edmunds has spoken about, 
they went down and down until the gulf seemed almost bottomless that 
they were going to make there. lie was in utter despair, and he wrote mo 
several times about it when I was in Delaware; buti felt quit*' liopeless. 
I felt as if I had no rights that the board of pul)li<; works in Washington 
were bourul io respect ; but 1 did not dream of interposing anything to 
check their will at that time. So Admiral Almy — liis sister asked me 
about this award, and told me that Mr. l-^dmunds had settled by offer- 
ing them exemption from the claim of damages, and having no charge 
made him for the .special tax. 1 tliink at that moment I turned around 
and saw my neiglibor in his yard, and I went over and I greeted him — I 
ha<l not seen him in the vacation — and he then told me of the settlenu'nt 
he had made. And 1 may also say the object of Judge p]dmunds ami 
myself — I expressed to him and he to me — was that, being in the Senate, 
and liaving- votes which might possibly touch the measure or measures 
which might affect the board of pid)Iic works, we conclmled it was 
best, even at a sacrifice, to get iii every way rid of transactions with 



1996 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

them. It was a matter of necessity to us both, soaiewhat, to own these 
houses, where we had any ; we could uot help that. And it was only 
a feeling of embarrassment to have anything to do with them or any 
outstanding unsettled transactions, that he told me influenced him, as I 
believe it did, and I know it controlled me, and I determined to ar- 
range on some such settlement as he did, if I got the chance. 

On the 8th of January Mr. Magruder, the treasurer of the board of 
public works, came to the Senate and sent for me. I went out, and he 
told me that he understood I would make a settlement. I told him I 
would do so. I^othing was said as to the amount of that award. He 
knew that my claim was $3,000, and I told him I would give that up for 
the purpose of squaring the matter, and that we would have nothing 
more to do with each other — the board of public works and I ; 
and so we settled, and here the documents appear. I had 
seen Mr. Edmunds's receipt, and having confidence in his sagacity 
and his character always, I exactly followed the language that he had 
used in giving the receipt to Mr. Magruder for $425, stating that it was 
an adjustment of any controversy with the board of public works in 
respect of certain claims filed heretofore by me for damage to my house 
and lot on Massachusetts avenue. These are all the facts, or certain 
of the material facts. I will only say my attention was drawn by 
something in the newspapers. Something was said about Mr. Edmunds 
and myself, to the efiect that we had been dealt with more favorably 
than our fellow property-holders along that line of the street. I do not 
know how anybody has been dealt with, except Mr. Edmunds and myself. 
I only know that I acted with Mr. Almy, my neighbor, and his sister- 
in-law, and 1 was desirous of assisting them in any way that I could. 
I do uot think that I would have advised them, situated as they were, 
without votes in either house of Congress — I do not know as 1 would 
have advised them to have settled on the same terms that we did. I 
will confess that I was willing to sacrifice this money and to avoid all 
litigations and questions of a private nature, when 1 had public duties 
to perform in respect of transactions in which those parties, the board 
of public works, w^ere connected. 

I do uot know that I would have come before this committee at all, had 
it not been that I observed in an extract from the testimony that what 
we term in law a leading question had been asked by some member of 
the committee in respect to this transaction of paying a tax. 

I thought, as the committee had inquired in regard to it, that it was 
right for me, and I so suggested to my friend Mr. Edmunds, as the mat- 
ters were our own, and as we had more knowledge of them than any- 
body else, we should give you all the facts, if they were deemed in the 
least degree important. 

Perhaps they are proper to be given, and are important, for, standing 
as two public men, representative men, it is right that even the most 
ignorant and least well informed of the community should understand how 
very clear the transaction has been of anything that was not — I may 
say rather creditable to ourselves ou that score of money. 

I say to you now that I would give much more money than these 
taxes amount to, if I were enabled to restore the property I have on 
Massachusetts avenue to the condition it Avas in before the board of 
public works took it in hand. That is a very moderate statement of 
what my feeling is on the subject. Of course, the annoyance and in- 
convenience that we have had for the last two years, and the vexation 
of spirit that accompanies the hapless condition of one w^ho feels that he 
has to submit to that which he regards as wrong— I do not mean that, 



TESTIMONY OF J. BLICKENSDEKFER, JR. 1997 

but SO far as the absolute ascertaiuable dimiuutiou of the vabie of the 
small bit of laud I held there, I would gladly give uuich more, perhaps 
double the aiuouut of this assessmeut of >«4L>,5, if I could be put where 
I was; for I thiuk uiy property would be so much more valuable to me. 

J. Blickensderfer, jr., recalled. 

By Mr. Jewett : 
Questiou. I iuquired of you yesterday if you had communicated with 
the eugiueers iu regard to these discrepancies you spoke of. I also 
asked you iu regard to Mr. Samo, aud what esplauatiou he made. I did 
not ask you what explanation General Babcock made, although I did 
inquire of you whether you had submitted to him your results that he 
might explain. It is but due to General Babcock, if he made an explan- 
ation, that that should be stated. Did he make one "? — Answer. When I 
showed him my results, he stated that he had been called upon to cer- 
tify to this work by the law of Congress without their having made 
any appropriation to give him assistance to do the work, and he could 
not do it liimself, of course; so he availed hiuiself of the assistance of 
the only man at his disposal, to wit, Mr. Samo, iu charge of the Wash- 
ington Aqueduct, and had requested him to make the measurement, 
and be very careful about it, and to make no measurement which he 
could not verify by affidavit, as he had no doubt an investigation would 
probably result. 

By the Chairman : 
Q. Result from his measurements, do you mean! — A. I should not 
perhaps have used the word " result.'' 
jNIr. Wilson. " Follow ? " 
The Witness. As he had no doubt there would be an investigation. 

By the Chairman : 
Q. Into the affairs of the District ? — A. Yes, sir ; as I understood. 
In reference to the discrepancies he reuiarked that he could see — as, for 
example, in the case of Xew Hami)shire avenue aud Virginia avenue — 
very readily how a man might be mistaken, or iuclude one that was 
reported in the other. And lie, I thiuk, suggested some explanations in 
one or two other instances, but remarked, " I will take notes of these 
things," and he did take notes, " and I will call upon my assistant for 
the explanation, for," said he, " it is m)t my business to suggest explana- 
tions to him, but for him to find them. I will communicate with you 
again." That is the substance of what he said. 

By Mr. Stanton : 

Q. This was quite recently ? — A. It was on ^Monday last, I thiuk. 

Q. Was it about the same time you advised Colonel Samo of the re- 
sults of your examimition '? — A. It was some time afterward, aud I may 
add that it was after this conversation with General Babcock that 
Colonel Samo called upon me, and that we went over the avenues to- 
gether, as, 1 believe, I exi)laitK'd iu my previous testimiuiy, to look at 
the dis<-r<'pancics, at which tim(^ he gav(^ me his explanations, as I 
stated yesterday, saying tiiat he had seen the general since he had been 
with me. 

Q. In your intercourse with Mr. Samo, did you see any eiVort or dis- 
position on his part to sui)i)ress any fact?; or mislead you iu any way iu 
your measurements ? — A. No, sir; I cannot say I saw anything like a 
tendency to suppress facts or mislead me on his part. 



1998 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Stewart : 
Q. Did you on anybody's part? Answer that fully. — A. I do not 
kuow that I can say so directly. I do not think explanations on the 
part of some — at least I do not think explanations were ever volunteered 
to me. I had to get what I wanted by askhig. 

By Mr. WiLSON : 

Q. Give us your statement in regard to the reservation or space to 
which your attention was attracted yesterday, and in reference to which 
you had not your figures fully completed. — A. It is the reservation at 
the intersection of O and Twentieth streets and 'New Hampshire ave- 
nue, upon which I yesterday stated I had not quite completed my figures. 
I have them now completed. 

Q. Before you begin, give us the size of the space. — A. It is repre- 
sented here on the map that I have of New Hampshire avenue. I 
have drawn a diagram of it of somewhat enlarged scale. The size of it 
within the curb-lines is 97.4 feet on Twentietli street ; 66.4 feet on O 
street, and 112.97 feet on New Hampshire avenue, running to a point in 
each case. Within the sidewalks it is 37.4 feet on Twentieth street, 
27.1 on O street, 46.2 on New Hampshire avenue. 

By Mr. STANTON : 

Q. You say within the sidewalks ; do you mean within the building- 
line ? — A. No, sir ; I mean inside of the sidewalks simply. 

Q. Give us the details of expenditures about that space. — A. I have 
a statement in complete detail. I suppose all you want are the results 
in the same form I stated yesterday. 

Mr. Wilson. That is all. 

The AViTNESS. The amount of it, calculating the quantities in the same 
way they have been made np by the board in the charges to the Gov- 
ernment, is $11 ; in accordance with my measurement, I should have 
said before, is $11,109.27. Deducting from it for the intersection of O 
and Twentieth streets in the same manner as I have in the intersection 
as explained yesterday, the amount to be deducted would be $714.67, 
leaving 810,494.61. The charge as made to the Government, or against 
the Government by the Governor's Answer, is $11,462.50 ; the excess 
over my statement, $957.90. 

By Mr. Stewart : 
Q. Taking the same basis they have, what is the difference — measur- 
ing the same w^ork that they measure 1 — A. $353.23. 

By Mr. Wilson : 
Q. In order to get at the quantities that they have charged to the 
Government at that space, how are the measurements made ? — A. The 
measurements included all the curbing, carriage-ways, and sidewalks on 
the avenues and streets opposite to this reservation to the building-lines 
on the opposite sides of the streets and avenues. 

By Mr. Stewart : 
Q. Deducting one-sixth ? — A. Yes, sir ; from which they deducted 
one-sixth. 

By Mr. WiLSON : 

Q. What carriage-way was measured around the reservation in order 
to get at these quantities ? — A. All the carriage-way opposite to it. 

Q. You had better indicate on the map so that the committee will un- 
derstand. 



TESTIMONY OF J. I3LICKENSDERFER, JR. 1999 

The Witness, (after doing as requested:) Tlie building'-liiie on the 
opposite side of Twenty-first street from the reservation was })roduced 
across Xew ITanipshire ax'enne until it intersected the building-line on 
the opi)Osite side of New Hampshire avenue, and tlie building-line on the 
opposite side of O street from the reservation was likewise produced 
until it intersected the building'-line on the opposite side of Xew Hamp- 
shire avenue, and all within that space was lueasured. 

Q. Has the wood )):ivement on this avenue yet been measured to the 
contractor ? — A. I presume it has, but I do not know that. 

Q. Do you kuow whether the wood pavement on that avenue has 
been yet charged up to the Government 'i — A. 1 have not been able to 
find any charge of that kind. 

Q. State whether you have made any examinatiou to kuow whether 
in charging the Government for wood i)avemeut in the avenue they 
have charged that, in addition to charging the wood pavement around 
the reservation, thereby duplicating the charge at that point? — A. I 
have not in any case. 

In rei)ly to a question by ^Mr. Stanton, the witness said : I understand 
that although the avenue has been paved — I mean the wood pavement 
is laid — that the account for that work has never been made up against 
the United States Government ; that is, for the avenue at large ; 1 
mean, included in this intersection — only for this i)ortion of it. 

Mr. Stanton. In explanation of this measurement, was it stated to 
you that the street extended from building-line to building-line, and 
that, therefore, they prolonged the lines in this way ! 

A. I did not ask them anything in reference to tliat except as to what 
was included in the measurement that they made themselves, or ex- 
planation. 

Q. You asked them, however, for no explanation for their reasons for 
drawing these limits ? — A. I did not. I do not know whether you ob- 
served it, but the same process, the same principle, has been applied in 
all the other measurements that I have made in the P-street circle 
and different squares. 

Q. My question relates not merely to this individual case, but to all 
cases — whether you ascertained from them the reason why they measured 
within these limits ? — A. No, sir ; I did not. 

Q. ^lay it not have been tliat it was because they counted the street 
as being really from building-line to building-line, instead of from curb 
to curb ! — A. I do not see why that would inlluence it at all. My own 
impression is that if the Government is pro[)erly chargeable at all with 
any work here, it is perfectly correct — the principle that they adoi)t, 
except with regard to the intersections, as I explained yesterday by the 
diagram, as you will recollect. 

liy Mr. Wilson : 
(}. Is or not that space (the reservation referred to) entirely in the 
streets and avenues ? — A. Yes, sir; it is altogether within the limits of 
the streets, inside of the building-lines. 

By Mr. Stanton : 

Q. Did you as(.*ertain, or did you examine whether or not lines at the 
intersections were extended, in the case like this charge to the Govern- 
ment reservation, in any ditferent maniu'r from that in which tiiey are 
drawn, or would be drawn, if the property were owned by an indiAid- 
ual .' — A. I did not nndce that in(piiry. 

^Ir. ^VILSON. Have you found any case where the charge against tho 
Government is correct ? — A. Not according to my views. 



2000 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have you found any case where the charge against the Govern- 
ment is less than it should be ? — A, No, sir. 
Q. Invariably more "? — A. Yes, sir. 

By Mr. Stanton : 

Q. In this comparison as to magnitude, do you make deduction for the 
difference in the limits between yourself and Mr. Samo ? 

The Witness. The magnitude in what respect "? 

Q. You were asked whether the aggregate of any charges were 
greater than what you deemed to be proper. You say in every case they 
were designed to include a deduction by you from the amount, owing to 
the extension of the line of intersections. — A. I answered the question 
by saying, not in my view, and that means that according to my view, 
which includes the thing you speak of, they were too great, but I should 
say if no allowance is made in accordance with my view of treating 
the intersections of the streets, they are all nevertheless too great, with 
the single exception of Eawlins Square. Mr. Mattingly is not here 
to-day, I believe. I believe he asked me yesterday how it came that 
my sum for Rawlins Square was less than Mr. Saino's, while the quan- 
tities appear to be greater, and I answered that I could not explain, 
for I had not examined it. 

The Chairman. He asked the reason of that — the quantity less and 
the sum greater. 

Witness. No. The sum was too small while the quantities were 
greater, and of course I investigated the matter immediately when I 
went to my room, and I found I had omitted in my statement a i)ortion 
of the brick pavement — that portion outside of that square, Wlien it 
is added, it makes the sum greater, as it should be. I can give the cor- 
rected figures if you desire them. 

By Mr. Wilson : 

Q. In looking over your testimony do you find that erroneously printed ? 
—A. I do. 

Q. Then, for the purpose of correcting it, I think it would be well for 
you just to give the tables that you had yesterday and allow them to be 
printed in the record as a correction of those errors. That would be 
the easiest way to correct it. — A. The correct sum, as I make it, of 
Eawlins Square is $23,773.47; the deductionsfor intersections, $1,623 66 ; 
leaving $22,149.81. The charge to the Government, as per report to 
the Government, is $22,363.70. Mr. Samo gave it to me, $22,371.95; 
but I also discovered an error in his statement according to the quan- 
tities which he furnished me, not having been correctly carried out, by 
which his sum is increased $124.95, making it $14,792.70. 

By Mr. Stanton : 
Q. And that, I understand you, was an error in some multiplication 
of his ? — A. Yes, sir. 

[The following are the tables referred to by the witness :] 

F-street Circle, 

Amount per measurement $74, 789 97 

Deduct lor intersection 1,011 49 

$73,778 48 
Charged to Government 78,540 15 

Excess 4,761 67 



TESTIMONY OF J. 15LICKENSDEKFER, JR. 2001 

Svoft Suit are. 

Auioiuit per nieasmcnicnt $45,732 75 

Deduct lor 2 intersectious 4, 102 46 

!?41,()30 29 

Charged to Government 4'J, 042 90 

Excess 7,412 60 

IiaifUiis Square. 

Amount per measurement s23, 773 47 

Deduct for 2 intersections 1 , 623 66 

$22, 149 81 

Charged to Government 22, 363 70 

Excess 213 89 

Xew IFampuhire areiiuc. 

Grading as measured, viz : 

Yards. 

Embankment 67, 654 

Excavation 64, 858 

Total 132,512 

Deduct excavation hauled to Virginia avenue and charged to it 23,279 

109, 233 
Charged to Government 149, 484 

Excess 40, 251 

Allowed contractors, viz : 

Hulse: 446 yards rock, at $1 $466 00 

13, 114 yards grading, at 30 cents 3,934 20 

13, 580 yards haul, at 9 cents 1, 222 20 

$5,622 40 

Fi ibert : 8, 990 yards grading, at 30 cents 2, 697 00 

17, 019 vards haul, at 16^ cents 2, 765 56 

5, 462 58 

Murray : 29, 385 yards grading, at 30 cents 8, 815 50 

29,385 yards haul, at 31^ cents 9, 182 81 

17, 998 31 

29, 083 29 
Add amount paid Vandenberg, contractor on Virginia avenue, 

but charged to New Hampsiiire avenue 4, 500 00 

33, 583 29 
Charged to United States Government: 
149, 484 yards grading, at 40 cents, $59,793.()0 X ? 39, 864 40 

Excess over total cost 6,281 11 

Correct allowances to contractors: 

1 lulse : 4(i6 vards rock, at $1 $466 00 

8, 971 yards grading, at 30 cents 2,691 30 

9, 437 yards haul, at 9 cents 849 33 

$4, 006 ()3 

Actual payment to Ilulse 5,622 44 

llulse overpaid 1, 615 81 

120 D C T 



2002 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Murray : 20, 800 yards nfrading, at 30 cents ijifi, 240 00 

20, 800 yards Laul, at 31i- ceuts. 6,500 00 

$12,740 00 

Actual paymcut to Murray 17, 998 31 

Murray overpaid 5,258 31 

Correct charge agaiust Goverunieut: 

46fi yards rock, $1 $46« 00 

38,701"^ " grading, 30 ceuts 11,528 30 

9,437 " hauled, 9 cents 849 33 

17,019 " " ICJ cents 2,765 58 

20,800 " " 31iceuts.. 6,500 00 

22, 109 21 
Add payment to Vaudeuberg, and deduct from Virginia 
avenue 4,500 00 

26,609 21 xf— 17,739 47 
Actual charge against Government 39, 864 40 

Excess 22,124 93 

Virginia avenue. 

Yards. 
Grading as measured (exc) including reservations at intersection of G and 
T\venty-fifth streets, and quantity taken from limits of New Hampshire 

avenue, between G and H streets , 102, 657 

Allowed to contractor 103, 600 

Charged to United States Government 104,000 



Credited to contractors: 

10,600 yards old hard gravel, at 40 cents 14, 240 00 

93.000 yards earth, at 30 cents 27,900 00 

103,600 yards hauled, at 36 cents 35, 224 00 

$67,364 00 

Amount charged to New Hampshire avenue 4, 500 00 



62,864 00 

Charges to United States Government: 

104,000 yards grading, at 40 cents $41, 600 00 

104,000 yards hauled, at 36 cents 37, 440 00 

79, 040 00 X f = $52, 693 33 

Correct charge to United States Government, two-thirds 
of above amount, credited to contractor and debited 
to this avenue, viz, two-thirds of 62, 864 = 41, 909 33 

Overcharge to Government 10, 784 00 

Maryland aroiue. 

Yards. 

Grading, as measured and allowed to contractors 221, 268 

Charged to Government 257, 75 

Excess 36, 507 

Allowed contractors, viz : 

Gleeson, 159,022 yards grading, at 30 cents $47, 706 60 

4,235 yards hauled, 1^ ceuts 63 52 



TESTIMONY OF J. BLICKENSDERFER, JR. 2003 

4,889 yards liauhnl, at HA cents .s-2(;8 90 

130,000 yards liaiilod, at 'J ciMita 11, 700 00 

19,898 yards hauled, at 2->l cents 4, 477 05 

3,177 yards rock, at 70 cents 2, 22:i 90 



Murphy, 14, 22-2 yards jiradiug, at 40 cents 5, G88 80 

48.0-24 yards j,Madin <jc, at 30 cents 14, 407 20 

24,320 yards h nled, at 5 cents 1,2H) 

37,926 yards hauled, at 9 cents :'., 413 34 



-S6G,439 97 



24,725 34 
91,105 31 



Char<Te ajrainst Goyernment : 

238,643 yards <iradino;, at 40 cents $95, 457 20 ) , _ , - ^no si 

238.643 'yards hauled, at 15 cents 35, 796 45 ^ X j — n/ , ou<; ^.i 

688 yards gradino:, at 30 cents 206 40 X {■ = 172 00 

12,244 yards -grading, at 30 cents...' 3,673 20 all = 3,673 20 

3, 177 yards rock, at 70 cents 2, 223 90 X 3 = 1 , 482 60 

92, 830 23 

Excess oyer total cost 1, 664 92 



Correct charge against Government : 

I payments to Gleasou, work on ayenue $44, 293 31 

^ payments to Murphy, work on avenue 10, 808 89 

f, payments to Murphy, work outside Stanton Place 3, .522 17 

All payments to Murphy, work inside Stanton Place 4,285 40 

62, 909 77 
Actual charge against Governiuent as above 92, «30 23 

Excess 29,920 46 

G street between Twenty-fourth and Twenty-sixth. 

Yards. 
Grading, as measured 12, 402 

Allowed to contractor 16,239 

Charged United States Governmeut 3:>, e09 

Overallo wance to contractor 3, 837 

Overcharge to United States Government 21, 407 

Payment to contractor : 

1, 843 yards excavating rock, at $1 lifl, 843 00 

2, 688 yards excavating hard gravtd, at 40 cents 1 , 0.55 20 

11, 758 yards excavating earth, at 30 cents 3,527 40 

16, 239 yards haul, at 15 cents 2, 435 85 

•'^8,861 45 

Charged United States Government, (p. 406 :) 

33,809 yards grading, at 40 cent« Sl3, 523 60 

33,809 yards haul, at 36 cents 12, 171 24 

25,694 84 x^ =21,412 36 

Excess on gradi ng 12, .550 91 

Tliere is on this work, Iiesides the overcharge <»n grading, 
an additional overcliarge on sewtu', the GovtirnnuMit lieing 
charged with 2,<i6(i linear feet, whereas there are only 730 
linear feet ou the work. 

Excess on sewer, 1,336 linear feet, at ^4.70. !!i!6,279.20 X § = 5, l:i2 67 

Total overcharge to Goveruuieut , '.7,683 58 



2004 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Fatcnt and Post Offices. 

Gradiug as measured, viz : 

Yards. 

F street, between Fifth aud Seventh .' 8, 689 

F street, between Seventh aud Ninth 11,377 

20, 066 

Paid to contractor ; days'- work account $41, 330 86 

Making, per cubic yard 2 06 

Grading as measured : 

Tarda 

Seventh street, between E and G 12, 150 

Paid contractor ; days'-work account $i26, 137 91 

Making, per cubic yard 2 15 

Second sireet, heiiveen Pennsylvania avenue and H street. 

Yards. 

Grading as measured 9, 106 

Allowed to contractor 24, 333 

Overallowance to contractor 15,227 

Follansbee overpaid, 15,227 yards, at 45 cents, including haul |6, 852 15 

Eeservation, Neic Hampsliire avenue, and Twentieth streets. 

Amount per measurement i^ill, 109 27 

Deduct for intersections 714 67 

$10,494 60 

Charge against Government, (Answer, p. 453) 11, 462 50 

Excess... 967 90 



Thereupon the committee adjouiued till Monday morning, at 10 
o'clock a. m. 



Washington, May 18, 1874. 
The committee met pursuant to adjournraent. 
The journal of Friday was read aud approved. 

James E. Gregg sworn. 

To Mr. Wilson : 

I reside at Urbana, Ohio; I have been a resident of that place about 
two years. Prior to that time I resided at Helena, Ark., for three years. 
Before that I resided at Waumega, Kans.; 1 resided there one year. 
Previous to that I resided at Sandusky, Ohio. That has always been 
my home with the exception of the several years I was engaged in 
Kansas. 

Question. What is your occupation ? — Answer. Railroad man. 

(}. At what points? — A. Sandusky, Ohio, and on the Kansas Pacific 
Pailroad, and the Arkansas Central Eailroad. 

Q. In what way were you railroading? — A. I was book-keeper aud 
paymaster of the Sandusky, Dayton and Cincinnati Railroad. I occu- 
pied the same position in the construction of the Kansas Pacific Rail- 



TESTIMONY OF JAMES E. GREGG. 2005 

rond : also a contractor on that road, and had tlic contract for buihlini;' 
the Arkansas Central Raihoad. 

Q. These contracts tliat you liad on these railroads, were they exe- 
cuted by yourself, or were they sublet by you toothers? — A. Executed 
by myself. 

Q. Have you had any contracts under the board of [)ublic works of 
this city f — A. Yes, sir; I have luid contracts for i)avinf;- a portion of 
Seventh street and Fifteenth street; and also building <i sewer on the 
lionndary. 

Q. >Viiat i)ortion of this work did you do yourself? — A. ^ouc of it. 
I had also contract for grading on Seventh street; not on Fifteenth 
street. 

Q. How came you to get these contracts? — A. I made application to 
(ioxernor Shepherd for them. 1 (tailed ui)()n him personally; I made 
no written or any application to the board. 

Q. x\.ll of these contracts W(M'e awarded by personal application to 
(Governor Shepherd? — A. I believe they were ; 1 think these awards 
were made to me about the 5th of August last. Tiie contract for the 
work on Seventh and Fifteenth streets I sublet to Dr. L. S. Filbert. 
The grading on Seventh street was sublet to a man name Welch, througli 
Dr. Filbert — I mean by that, that Dr. Filbert took it in charge and 
sublet it. I gave him absolute jvower of attorney for all the work. 

<). Did the'tirm of Taylor & Filbert do that work ?— A. L. S. Filbert 
did it. 

Q. What interest did Taylor have in it ? — A. 1 do not know. 

Q. How long after you got tliese contracts respectively was it until you 
sublet to these parties? — A, Fifteenth of September about — a little 
upward of a month and a third. 

(). You did no work at all in the mean time ? — A. No, sir. 

((). Did you have any arrangement with any of these i)arties, before 
you got the award, that they were to do the work ? — A. No, sir. 

i). Did you have any arrangement with any one? — A. No, sir. 

Q. ^Vhat means did you use for the purpose of |)rocnring these con- 
tracts ? — \. I used no other means except an application to Governor 
Shepherd. 

Q. Were you personally acquainted with Governor Shepherd ? — A. 
No, sir, I was not ; I was recommended to him by Senator Dorsey : I 
had a Icttt^r; I have not now a co[)y of it. I delivered that letter to 
( iox'crnor Shepherd. 

i}. On what terms did you sublet these contracts to these parties ? — 
A. Taylor *S: Filbert took the contract — my (contract with the board of 
])ublic woi-ks — and were to i)ay nu» U.") cents [)er yard for the paving. 

(,). And what for the grading ? — A. I was to get 5 per cent, on the 
amount. 

(). In what way were they to i)ay you .' — A. In kind. 

i}. Has it been paid? — A. A portion. 

(}. \Vhat amount have you received out of these two (jontracts — Sev- 
entli and Fifteenth street contracts ? — A. I cannot tell you now. I 
have not the figures with me. 1 should think about .S"),'-M)(). 

Q. How much will you receive when th«i whole thing is settled up? — 
A. I cannot tell until I km)W tlu^ amount of tlie final estimate. Ai);)ut 
Oiuvhalf ol' the woik only has been done. 

i}. Have you ma<h^ cah-ulafion as to the extent of pavement an<l 
grading that has l>een done ^ — A. Ves, sir; 1 Iveiii^ve I have. I have 
not paid much attention to it since I let the doctor do the wink. 1 have 
no hgnres with m«'. I cannot tell how nuich the work will amount to. 



2006 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did yon liave any partners in tins transaction? — A. None. 

Q. No nnderstanding by which you were to make any division with any 
person ! — A. Yes. sir ; 1 was to pay one-halfof the profits to Mr. Colt. He 
is a resident of Washington City and a contractor. He took the charge 
of the work for me. I have been absent ever since the contract was 
given. He took charge of it to see that the work was done in accord- 
ance with the terms of my contract with the board. No other person 
was interested with me. 

Q. Did you sublet the contract for the Boundary sewer ? — A. Yes, 
sir; to William H. Adams. That contract was executed directly to me. 
I did not assign the contract to Adams. I told him to go on and do the 
work. He is at work at it now. I was to pay him all except 7^ per 
cent. 

Q. At what rate per linear foot were you to construct that Boundary 
sewer ? — A. Thirty-six dollars and thirty-eight cents. 

Q. Do you know how that amount was made up 'i — A. No, sir : I for- 
get. I knew at one time — at least the engineer of the board told me, 
but I have not now any recollection of what it was. I was not in Wash- 
ington when that contract was awarded me. 

Q. Where were you at the time the contract was let to you in regard 
to the Boundary-street sewer! — A. That is the one I was just speaking 
of — at the board of public works on Fourthand-a-half street, and the 
others at the same place. 

Q. Do you know where the contracts were actually given out, or the 
awards ? — A. No, sir ; I sui)pose in the oflice. 

Q. Do you know at what rate certificates that were to be taken in 
payment for this work were to be estimated ? 

The Witness. As paid to me? 

Mr. Wilson. Yes, sir. 

The Witness. At par. 

Q. In making up the amount per linear foot that you were to be paid 
for this sewer, at what rate were the certificates estimated? — A. They 
were i)aid to me at par, as I understand. 

Q, 1 do not know as you ai)prehend my question. Is it or not the 
fact that the cost of this, or the price to be paid, was itemized, and, 
among other items, that a discount of 15 per cent, on account of having 
to receive certificates was added to the price? — A. Not that I am 
aware of. 

Q. I would be glad to have you refresh your recollection in any way 
that you can on this subject. — A. I am not aware such was the case. 

Q. How much of this work has Adams performed ? — A. About 900 
feet. 

Q, How much have you received on account of it? — A. $24,280.06. 

Q. That is the actual amount paid. How has that been i^aid ? — A. In 
auditor's warrants. 

Q. What kind of warrants ? — A. I do not know. 

Q. Did you receive them, or Adams? — A. No; Mr. Colt received 
them. I never received any of them. 

Q. W^as Mr. Colt interested with you in that matter? — A. He was 
acting as my agent only. 

Q. You divided with him ? — A. Yes, sir. 

Q. Have you never seen any of these auditor's warrants of which you 
speak ? — A. I saw some on Saturday in Mr. Colt's possession, here in 
tlie city. 

Q. W^ere you and Mr. Colt making any settlement in regard to this 
matter, or examination of your accounts ? — A. No, sir; He had drawn 



TESTIMONY OF JAMES E, GREGG. 2007 

an estimate, mid I saw the warrantvS in his hands, which he paid to Mr. 
Adams for doing the work. 

Q. What amount have you received individually on this account ? — 
A. Do you mean the sewer 1^ 

Q. Yes.— A. 815,000. 

Q. How much is yet due you on account of what has already beeu 
paid ? — A. I cannot tell you. 

i). Can you give us no idea of the character of these auditor's war- 
rants '? — A. No, sir; I never have seen any of them. 

Q. Do you mean by " auditors warrants," auditor's certificates for the 
amount of work done ' — A. 1 suppose they were. Tiiey were signed by 
Mr. Lay, as auditor. 

Q. What will be the average cost of this sewer ? — A. 1 do not know. 

Mr. Wilson. I desire to read the following extracts from the journal: 

IJoAKD OF PuiJLic Works, District of Coi.rMiiiA, 

Wanhington, Jtilij 29, 1863. 
(Mr. Johnson says mistake ill (late; onglit to bo 1873.) 
The board met at the usual hour. 

Chief enj^iueer was directed to prepare a contract with J. E. Gre<r(j for yiaving the 
carriaf^e-way of Seventh street, from M to Boundary sti'eets, nortlnvest, with Belgian 
bh)ck pavement, N. Y. specifications; also, the carriage-way of Fifteenth street, be- 
tween Rhode Island avenue and Boundary street, northwest, with Miller or Stow 
wooden pavement, treated. Mr. Gregg notified. 

BoAKi) OF PuHLic Works, District of Columbia, 

IVcoihUujton, September IsJ, 1873. 

The board met at the usual hour. 

******* 

Also, to amend contract 806 with J. E. Gregg so as to read : paving carriage-way of 
S(!venth and Fifteenth streets west with Miller wooden block. Mr. Gregg notilied to 
put ou more force. 

Q. How did that change ha]>i)en to be made, and who were the parties 
to the change '! — A. I do not know. I was notilied of the change, but 
was not consulted about it. I was notified of it by the secretary of the 
board. I assented to it, and the work was done according to the 
change. I do not remember whether I did or did not make any api)li- 
cation to have that change made. Mv. William D. Colt would know all 
about it. 

(}. Vou say ]\Ir. Colt is a contractor. J)o you know of any contracts 
he has had, aside from those in which he was interested with you, under 
the lioard of imblic works? — A. 1 do not know of any under the board 
of iMiiiiic works. 

(^>. Have you any knowledge of what he has been doing here, other 
than looking after the contracts? — A. Xo, sir. 

(i. Where did he formerly resid<; ? — A. Sandusky, Ohio. 

Q. Was he associated with you in business in any way there I — A. 
No. sir; he was kee[>ing a book-store there. 

Q. Did he come from Sandusky here ? — A. Yes, sir: and asso(Mated 
himself with Jay Cooke & Co. for several years. I do not know in what 
capacity he was connected with the banking-house of .[ay Cooke iJt Co. 
He was in that banking-house for several years during the war, up to 
about bSOo, J think. 

i}. From ISO.") what was he doing ^ — A. I have understood from him 
that he ha<l a contract for 0])cning s(jine mines in Northern New York, 



2008 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

and building: 5i railroad np there. He was connected with the Erie Rail- 
road in some way. I do not know much about his business. 

Q, When did yon sign these contracts ? — A. I do not know when I 
signed the contract for Seventh and Fifteenth streets. I signed the 
contract for the sewer on the 2Uth of February last. It must have been 
in August or early in September that 1 signed the contract for the 
streets. 

By Mr. Hubbell : 

Q. When was this contract for the sewer awarded ? 

Mr. Wilson. It seems to be in August, 1873. (To the witness.) How 
hapi>ens it you did not sign that contract until February? — A. It was 
not ready for me. There was some engineer's difhculty in the way. I 
called several times for it, but it was not ready for me. And then, 
again, I was out of town for a couple of months. 

Q. At the time yon arranged with Mr. Filbert to execute this contract 
was there any understanding that you were to have some person to do 
this work for you"? — A. No, sir; I attempted to do it myself. 

Q. How did it hapi)en that Taylor & Filbert went on your bond for 
the performance of your contract f — A. I do not know ; Mr. Colt se- 
cured the bondsmen. 

Q. Do you know whether Mr. Colt had any arrangement with Taylor 
& Filbert? — A. He might have; he attended tj all of the bnsiness for 
me 

Q. Did you do anything else except to go to Governor Shepherd and 
get the contract awarded '? — A. Not much besides that. 

Q. What else did you do, if anything ? — A. I tirst made arrangements 
to go on and do my work ; but I was disappointed in my money matters 
and gave it up. 

Q. Did you make arrangements after you got the contract awarded 
to you ! — A. About that time I made arrangements with a person in New 
York, Mr. Moore, to furnish me blocks for the streets. He shipped a 
vessel-load of blocks here and delivered them. 

Q. What Mr. Moore was that f — A. I forget his name. He is a con- 
tractor, and has his oflice in Wall street, New York. 

Q. Do you know where Mr. Taylor is? — A. I do not. The last time I 
saw him was in New York, about three months ago. I have not seen 
him since, to my recollection. I hardly know the man when I do see 
him. 

Q. Where is Dr. Filbert now? — A. He is on his way to Pittsburgh. 
I saw him last about 5 o'clock on yesterday afternoon. 

Q. Did you have any interviews with him in relation to this sub- 
ject? — A. None whatever. 

Q. Do you know whether he and Taylor have had an interview in 
regard to these contracts recently? — A. No, sir; I do not know any- 
thing about his business. 

Q. Where did you see him yesterday? — A. I saw him driving around 
P-street circle, I believe they call it. 

Q. Did you see him any place else ? — A. I saw him before that, on 
Seventeenth street, driving out. 

Q. Did you meet him personally ? — A. I did not. I just passed the 
compliments of the day. 

By Governor Shepherd : 
Q. I would like to ask you, Mr. Gregg, if the contracts awarded to 
you were not awarded on your statement ^hat you had made arrange- 



TESTIMONY OF CHARLES S. JOHNSON. 2009 

nicnts to furnish money onon<i:li to carry them on, anil execate them 
promptly and well ? — A. Yes, sir; I stated that. 

Q. And were not the contracts awarded to you on that basis ? — A. 
Yes, sir. 

Q. Was not the statement made to you at the time that most of the 
contractors here were loaded down with more than they could carry, and 
we wanted men with cajjital and means to do the work ? — A. Yes, sir; 
I believe you stated that to me. 

Q. That was the basis upon which you uot the contracts ? — A. Yes, 
sir. 

Uy Mr. Wilson : 

Q. Did you represent you had the means? — A. Yes, sir; I repre- 
sented I expected to be furnished with means. I was promised the 
means for this work. 

(}. Who was to furnish you the nuniiis ? — A. Senator Dorsey. 

By Governor SnEriiERD : <s 

Q. In regard to buildina: this sewer. Tlie reason this contract was 
not signed and the tliinfj completed, was trom tlie fact tiiat there was a 
dispute as to the ri.iiiit of way throu^'h the ,i>round. That was in litiga- 
tion. We were enjoined from going on with it. It was tinally cosnpro- 
mised. That accounts for the delay in the signing of the contract for 
the building of this sewer. I merely state that by way of information. 

By the Chairman : 

Q. You say you expected Senator Dorsey to furnish you the means? — 
A. He owed me a large amount of money, for which he was to pay me. 

Q. He owed you, and you expected to get your pay? — A. Yes, sir. 
At the time I got this claim I said to him L would have to have some 
nu)ney that he owed me. 

Q. There was no arrangement or understanding that he was to have 
any interest in this work ? — A. None whatever. 

The Chairman. I ask that in justice to Senator Dorsey. 

The Witness. None whatever. * 

Charles S. Johnson sworn. 

By the Chairman : 

Question. I notice in this record that in many instances, the beginning 
is, "The board met at the usual hour," without stating who were present. 
How were these minutes made out in those cases? — Answer. They were 
all made up in the same way. 

(}. Who furnished you with the memoranda by which you made up 
these minutes ? — A. 1 always made them u|» myself from the transactions 
of the board. 

Q. Do yon mean to say that the board was in session as a board, and 
that you ke[)t a record of the proceedings of the board, or that minutes 
were furnished to you, antl you made t!ie entries according to the minutes 
furnished to you ? — A. No, sirj I always i)rei)ared the minutes myself 
frcmi the transactions of the board. 

Q. Who were present at tlu^se meetings where there is nobody named 
to be present; were all the members i)resent ? — A. 1 cannot tell now; 
there was always a majority present. 

(}. So that, then, all of these board meetings contain a record of the 
])r()('('edings that were had by the board, wlicn (here was a maj(uity of 
the board present ' — A. Yes, sir. 



2010 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

(). Who were the parties usually present ? — A. The vice-president 
and two other members of the board. 

Q. Who were the other two members of the board ? — A. Since Dr. 
Blake has been appointed he has been there nearly always ; Colonel 
Magruder, or, if not, Mr. Cluss. Mr. Shepherd has not been there often 
since he was appointed governor. 

The committee here took a recess until 2 o'clock. 

2 o'clock p. m. 
William H. Adams sworn and examined. 

« By the Chairman : 

Question. Are you a contractor under the board of public works ? — 
Answer. Yes, sir. 

Q. What contracts have you had I — A. I have had several contracts. 

Q. Had you a contract on south B street? — A. I had one there; yes, 
%lr. 

Q. What did that embrace ? — A. Grading, paving, and sewering. 

Q. Did you put down a pavement on south B street ? — A. Yes, sir. 

Q. A brick pavement? — A. The sidewalks were brick; yes, sir. 

Q. Did you take up the brick that were already laid there ? — A. I 
did, sir. 

Q. What did yon do with them"? — A. A large portion of them we 
put back on the Government side ; on the property side we bought a 
great many of them from the property-owners. 

By Mr. Wilson : 
Q. Y^OQ mean the side next to the private property ? — A. I mean the 
side next to the private property. 

By the Chairman : 

Q. What did you do with brick that you took from the Government 
property and did not relay there? — A. We took in the neighborhood 
of ai),000 brick on F street, I had F-street contract at that time ; 
paving-brick were very hard to get at that time ; I wanted to finish 
that contract — and we removed about 30,000 brick — from 25,000 to 
30,000, as near as I can get at it, on F street. 

Q. Were they paid for by j^ou, or deducted from your account? — A. 
They have been ; yes, sir, it«has been deducted from my account; they 
were taken at that time, and the property-clerk wanted to know where I 
was taking the brick ; 1 told him that I had to take them, and would re- 
turn them, which I did; I took them and returned them, and they were 
charged to my account. 

Q. These workingmen who have been employed by you have made 
some complaint to this committee with reference to your conduct toward 
them ; have you any explanation to make about that ; we have had some 
testimony before ns in regard to the treatment of your workingmen 
whom you owe. — A. What complaints have they made ? 

Q. That you did not pay them. — A. That originates from the B-street 
contract, as well as a sweeping contract that 1 had from the board which 
has never been fulfilled according to the contract made with the board. 
Had the payments been made according to the terms of the sweeping- 
contract — which the u)aJority of the claims of these men comprised — 
there would have been sufficient money to have paid the men. The 
board not having the money, they had no money to pay me, but paid me 
on certificates and acceptances, which they could not pay. 



TESTIMONY OF WILLIAM II. ADAM.S. 2011 

Q. Is the board of public works still iii debt to you ? — A. Yes, sir. 

Q. How iimcli ! — A. I cannot tell you until I refer to my books. 

Q. IX) you know about how much?— A. I cannot tell you, sir; there 
is a great' deal of work that still remains unmeasured applyinj^- to this 
one contract that I refer to, which would have been sullicient and ample 
to have paid all these nuui ; it was a contract that was taken under a 
percentaji'e, which was to have been paid in cash, monthly, at the net 
cost of the work, with 15 i)er cent, addi'd over and above that. 

Q. That was the ori.uinal contract .'—A. That was the contract made 
with the board, for which they paid nu^with auditor's certificates, treas- 
urer's acceptances. I realized the best I could out of them, and i)aid 
the men as far as the money went. 

Q. Have you purchased any property in this city? — A. Not myself ; 
I i)urchased a piece of proi>8rty from Mr. Shepherd for my wife. 

Q. How did you pay for it? — A. I paid for it in certificates. 

Q. Arisino- from this work ? — A. No, sir; that is money that I used of 
lier's. I paid in certificates. 

Q. Paid her back in certificates? — A. Yes, sir. •" 

Q. And out of the proceeds she purchased this house ? — A. Yes, sir. 

Q. Have you received any money from the board of public works 
recently ? — A. No, sir. 

Q. Or any certiticates? — A. No, sir. 

Q. Whatis the date of the last certificate you received from the 
board of ])ublic works ? — A. Well, I am unable to tell \'0U that now, 
without referring: to the books. 

Q. State about the date ; have you received any certificates from the 
board of public works since you gave this order to the workingmen ? — 
A. No, sir. 

Q. No certificates ? — A. None whatever. 

Q. And no money ? — A. No money. 

Q. Have you beeu paid the amount of that order, or is it still subsist- 
ing against the board ? — A. I have not been pai<l the amount. 

Q. It is still there, to the credit of the workingmen, if they so desire 
it? You gave an order to those workingmen a:iiounting to about 
$7^<)()0 > — A. Yes ; and, by re(iuest of Mv. AVillard, I withdrew that order, 
or consented to have it withdiawn, and i)lac-ed back into their attorney's 
hands. AYhether it has been done or not, 1 cannot say; I gave the con- 
sent. 

(}. At that time the board of public wouks owed you that amount of 
money ? — A. Yes, i consider so. 

(^. It is still there, for the men, if tliey desire to take it ? — A. Y^es, sir. 

Q. That is your understanding? — A. That is my understanding. 

By Mr. Wilson : 

Q. How much does the board owe you now, altogether, according to 
your best information ? — A. I cannot tell you. There is a great deal of 
work that is unmeasured, and it is a pretty hard matter to approximate, 
to tell what it is. 

Q. About how much work remains to be measured? — A. There is a 
reservation on B street which I (;annot tell the amount of. It was kept 
back by the, auditor in settlement ; and there is an amount of work on 
my large sewer — stonework — which has not been measured. It is hard 
for me to get at the amoiuit. 

Q. (Jan you not give us an approximation ? You have some idea, 1 pre- 
snme; give us the best estimates that you cau. — A. I do not believe 1 
coulil come within ><1U,()(M) of it. 



2012 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. If yon can come within $10,000 of it, that would be better thau 
nothing. — A. Taking' it at the h:)west, I shonkl say 130,000. 

Q. Of unmeasured workf — A. I think so, sir; wait one momeiit; let 
me correct myself — no — yes, of unmeasured work, and percentage kept 
back on the other contracts. 

Q. How much of that do you think is unmeasured work ? — A. Well, 
say $15,000. 

Q. Do they owe you anything in addition to that ? — A. Well, as I 
first remarked, in the sweeping contract I contend there is a deficiency 
in of nearly $13,000, for not having been paidaccoiding to the contract. 

Q. What was the contract in regard to the payment? — A. Cash. 

Q. They were to pay you cash ? — A. Yes, sir; or its equivalent in 
bonds or certificates of the board of public works to make it cash. 

(}. Was that the original understanding between you and the board — 
that they were to pay you either cash, or that they were to give you 
enough certificates to make it equivalent to cash *? — A. That is the word- 
ing of the contract — cash, or its equivalent in bonds or certificates of the 
board of public works. 

Q. Was that the sweeping contract ? — A. Yes, sir. 

Q. Was there any understanding as to what the certificates should be 
received at by you ? — A. Not at all, sir ; there was nothing mentioned. 

Q. Is there any other amount due you from the board of public works 
than this you ha^e already mentioned? — A. On the B-street contract I 
contend that there is a balance due me. 

Q. How much!— A. About $15,000. 

Q. On what account is thatf — A. On account of not being paid in 
cash. 

Q. ])id you have a similar agreement there '? — A. That was cash. I 
think it mentions cash in there. It is a Government contract. I am 
not certain ; it is to be paid in money, I think. 

Q. They paid the money ? — A. No, sir; they p.iid me a portion, and 
left the balance. Ihey paid in certificates — a portion of those certifi- 
cates they paid. 

Q. You say there is about $15,000 due you still on that?— A. Fifteen 
thousand dollars to $18,000. 

Q. Is there anything else due you? — A. I do not remember anything 
at present. I can give you a full statement of it, if you desire. 

Q. Did you get this contract directly from the board, or through the 
intervention of somebody else? — A. Directly, sir; my B-street contract 
I did not; that was indirectly. 

Q. Whom did you get that from ? — A. From a man by the name of 
Eiley. 1 was running large sewers. I, however, did not get it for my- 
self. I got it for some other parties, but they failed to do the work, and 
I took hold of it and did it myself. 

Q. Who is Mr. Riley? — A. Well, he is a man doing business, I be- 
lieve, down on B street. 

Q. What is his business? — A. Coal business. Thomas Eiley, 1 be- 
lieve, is his name. 

Q. What was the amount of your contract ? — A. There were two — the 
F-street contract and the B street contract; the F street $18,000, and 
the B street $9l>,000. 

Q. You got the B-street contract from Riley ? — A. Yes, sir. 

Q. Did you get the other from Riley — the F-street contract ? — A. 
Yes, sir ; that was a small job. 

Q. What consideration did you pay Riley for the B-street contract ? — 
A. The two were included. I foiget now. It was a small amount — in 



TESTniONY OF WIJ.LIAM H. ADAMS. 2013 

fact, I cannot give you the exact amount ; soniewiieie in the neighbor- 
hood of a thousand dollars, I think. 

Q. Had lu' done any work on it ' — A. lie had, a portion. 

Q. l!o\v long had he been at work on it when you took it? — A. That 
I cannot tell you. 

Q. Had he done any considerable part of the work ? — A. No, sir; I 
think not. 

Q. In what way ditl you pay lliley for this contract ? — A. Cash. 

Q. Was it jnst a thousand dollars tliat you paid him ? — x^. Xo ; I 
cannot give you the exact anu)unt ; in that neighborhood. 

Q. Did you pay him a thousand dollars, or a percentage ? — A. No ; I 
just ])aid him outright. They had a contract made to hini, and 1 bought 
the contract. It was afterward transferred to me. 

Q. Was it the original understanding that this contract was to be 
awarded to, him and alterward it was let to you, you paying him this 
amount of money ' — A. Let me understand you, sir. 

Q. Did you have an understanding with lliley before he got the con- 
tract at all ? — A. No, sir. 1 did not know him at the time. He had the 
contract long before I knew him. 

Q. lUit you got it afterward, i)aying him a thousand dollars for both 
of the contracts ! — A. Yes, sir ; for both contracts. 

Q. Are there any other contracts in which you have been interested, 
which you did not get directly from the board, but which you got 
through the iuterveution of some oue else ? — A. None that came to me 
directly. 

Q. Have you had any other contracts through the intervention of any 
other ])erson? — A. Not through any intervention. lam doing a piece 
of work now for another man. 

Q. Who is that ?— A. Mr. Gregg. 

Q. What contract is that';? — A. A ten-foot sewer out at the Eastern 
Branch. 

Q. What consideration did you ])ay for that contract ! — A. I gave 
him 7 A per cent. 

Q. [low much have you paid him on account ? — A. I have paid all 
that I owed him. 

Q. How much is that !— A. I think it is about $2,000. 

Q. How are you to pay Mr. Gregg '. — A. In certiticates ; such i)ay as 
I get. 

Q. As they are issued to you, you pay his percentage to him ? — A. 
Yes, sir. 

Q. Did you ever get any contracts directly from the board ? — A. 
Y'es, sir. 

Q. To whom did you make your application ? — A. Mr. Shepherd and 
to the board itself. 

(^). ^\■llere did you get your contracts ; where were you when contracts 
were made out to you i — A. Here in Washington. 

Q. At what ])oint in Washington? 

The AViTNESS. When I got my first contract? 

i^lr. \ViLSO.\. Weil, any of them. ^s 

A. I was living in Georgetown then, at the Union Hotel. 

Q. I am not speaking of where you were living, but where you were 
when you got the contract. Were you and Mr. Shepherd together, for 
instance ? — A. No, sir. 

(}. Where did you get them? — A. I applied by letter, and tiiccon- 
tract was awarded to me. 

Q. Was there any bidding for these sewer-contracts that you are 



2014 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

aware of ! — A. Yes, sir ; there was a bid for B street. I put in a bid 
for it. 

Q. Was there any advertising for bids 1 — A. Yes, sir 

Q. You put in your bid pursuant to that advertisement ? — A. Yes, sir. 

Q. And the contract was awarded to you ? — A. Yes, sir. 

Q. What did you get for this Boundary-street sewer ? What was the 
price that was paid for it? — A. There are two or three of the Boundary- 
street sewers; wliich one do you refer to? 

Q. Well, I will take the one that you are now constructing. — A. We 
are not working on any of my contracts now. 

Q. The one that is in process of construction. — A. We are working 
on the (jrregg contract now. 

Q. Very well, I will take that. How much do you get per linear foot 
for that sewer? — A. I think it is thirty-six dollars and some cents. 

(),. How was that thirty-six dollars and some cents made up in fixing 
the price of that sewer! — A. It was made up on the excavation, on the 
price of material, labor, «&c., I suppose. 

Q. Is there anything in their going to makeup that amount in regard 
to discounts on certificates ? — A. Not that I know of. When we bid for 
it we generally make a discount. 

Q. Because you have to take certificates ? — A. Yes, sir. 

Q. Do you know Avhat that is estimated at? — A. No, sir. 

Q. You do not kuow^ what that was put in at ? — A. No, sir. 

Q. You did some paving, I believe? — A. Yes, sir. 

Q. On what street ? — A. B street and F street. 

Q. Any other street? — A. No, sir 

Q. Did you do any grading? — A. Yes, sir. 

Q. Did any other person do grading on these streets before yon put 
your pavement down? — A. Yes, sir. 

Q. Who? — A, A man by the name of Hussey. 

Q. Anybody else? — A. I think not; I do not think there was, sir. 

Q. Which street did Hussey do grading on? — A. He did a portion of 
the grading on B street, between Sixth and Seventh. 

Q. ]>id he prepare the street for the pavement? — A. No, sir. 

Q. How much did he lack of it? — A. O, considerable. 

Q. How much excavation did you have to do in order to put dow^u 
your pavement? — A. A very large amount, sir. 

Q. Did you pay for grading? — A. A portion I did ; all over and above 
two feet. 

Q. Do you know whether that two feet was deducted from your paving 
contract or not? — A. Well, I supposed it was. That was my contract. 
I suppose the engineer deducted it. I think it was so, because he made 
the remark that there were two feet to be taken off from the depth. 

Q. Were you in the employment of the board before you began taking 
these contracts ? — A. No, sir. 

Q. You held no office under the board ? — A. No, sir. 

Q. Had you been a contractor prior to the time you commenced this 
business ! — A. Yes, sir. 

Q. I see your contract, which I have in my hand, states that you shall 
be paid in cash or the equivalent of cash in bonds or certificates of the 
board of public works, as the said party of the first part may elect ; 
that is to say, as the board of public works may elect. Have they issued 
certificates to the amount of the work done under this contract, count- 
ing the certificates at par-value — at their face-value ? — A. Twenty-five 
thousand dollars they have issued to me. 



TESTIMONY OF W. W. CORCORAX. 2015 

Q. la that what the work amounted to ? — A. Yes, sh-, about that ; it 
is a traction over it ; very close to it. 

Q. And your chiiiii, then, is tliattliey owe you the ditterenee between 
the face-vahie and the actual market-value of the certiti(;ates ? — \. Yes, 
sir: that is it. A i)orti(>n of these eertiticates were taken with treas- 
urer's acceptances, payable two nu)nths after date. 

Q. What has become of those a(;ceptances ' — A. I am carryinf>' a por- 
tion of them and paying large interest upon them. They have not been 
paid. 

Q. Tlie board has not paid them to you ? — A. No, sir. 

Q. Are they due? — A. O, yes; past due long ago. 

Q. You were the successor of Emmert & tSmitli in this street-sweep- 
ing business? — A. Yes, sir. 

Q. Were you sent for by the board of ])ublic works with reference to 
the i)ayment of this $7,000 order that you had given in favor of these 
workmen ? — A. I was sent for to give my consent to with(b^aw it. 

Q. Was it withdrawn, do you know f — A. 1 do not know ; 1 think not, 
however; 1 think it remains there yet. 

Q. At the time that order was given by you, if I understand you, the 
board owed you that amount of money ? — A. Yes, sir. 

Q. And they have not since paid you ? — A. No, sir. 

Q. Aiul if the board is able or willing to pay, you have no objectioQ 
to these Djen being paid ? — A. Not at all. 

Q. I suppose you prefer that they were ? — A. I should very much pre- 
fer it, sir, I can assure you. 

Q. What amount of certificates was put into that property that was 
purchased ?— A. I think 67,000. 

Q. Have you put any other certificates into real estate ? — A. No, sir. 
Understand, I did not do that for myself; no money of that came out 
my business, whatever. 

The committee here adjourned to 10 o'clock to-morrow morning. 



Washington, May 19, 1874. 
Committee met pursuant to adjournment. 
The proceedings of yesterday were read and approved. 

W. AY. Corcoran sworn. 
By Mr. Thurman : " 

CJuestion. Will you please state to the committee anything you know 
of the payment of taxes in this District in certificates, or of any otters 
made to you in that respect '? — Answer. I know nothing about h<')w they 
were paid. I only know there was an application made to me to ])ay me 
early in November last, and an abatement was offered to me of 1(> per 
cent., instead of that allowed to all other citizens — per cent. 

(^. TiuM'e is per cent, allowed by the law ? — A. Yes, sir. ! had 
between ."^1*^,000 and ><L'.i,0')0 tiixes to pay, whi(;h I intcnde.l lo pay 
before the first of January, to enal)le them to pay the semi-annual in- 
terest on the public debt — on the coiporatiou debt. 

Q. That was last November ! — A. Karly in November. 

Q. Wiio was that party who made that ofler to you ?— A. Mr. James 
Ilarhin, foi'mer Senator. 

Q. Do you know of any other certificates, or were any other certiti- 



2016 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

cates offered to j^ou at auy other time ? — A. I never saw a certificate in 
my life. 

Q. Did anybody from New York ever call npou you I— A. Never. A 
casliier from New York called upon Mr. Ri,iiji;>i. 

Q. You were not present i? — A. No, sir; Mr. Kiggs told me. 

Q. State the whole transaction, as it occurred between you and Mr, 
Harlan. — A. Mr. Harlan stated to me that the District was indebted to 
him for more than $20,000, and that he could use that indebtedness in 
paying taxes; if I would give him my tax-bills, he would pay them and 
bring them to me receipted. I then told him that the corporation 
allowed the discount of per cent. He said he would make it 10 per 
cent, in addition to that. He said be would get my bills, have them re- 
stated, and ask me for no money until he returned the bills to me, re- 
ceipted by the collector. 1 intended to do it at the time; I intended to 
give him some money ; but, on consultation with a friend, he said 1 had 
better pay my taxes as all other citizens were bound to ynxj, and not 
take this abatement; that I had better go and pay the collector myself, 
wliicli I did a short time afterward. 

Q. Did you understand this was a debt due to Mr. Harlan individually, 
or to the Chronicle ofdce ? — A, To the Chronicle office. He so stated, I 
think. 

Q. You paid your taxes, then? — A. Yes, sir; on the 29th of November. 

Q. Without any other abatement than the law provided — the per 
cent, f— A. That is all. 

Q. [Handing witness a memorandum.] This is the amount: "No- 
vember 29th, 1873. For the amount of taxes paid the year ending 30th 
of June, 1874, $24,514.88." That is correct? — A. Six per cent. less. 

Q. That was the amount of the taxes? — A. Yes, sir. 

Q. You paid it less G per cent, discount allowed by the law ? — A. Yes, 
sir; that was the memorandum made by my clerk. 

James Harlan sworn and examined. 

By the Chairman : 

Question. State to the committee the circumstances attending this 
affair with Mr. Corcoran; how you came to make it; and all you know 
in relation to it. — Answer. The Chronicle Publishing Co'mpau^^ had 
some claims against the District government for printing done for the 
different executive offices, for which appropriation had been made by 
the legislature at its preceding session. They were not presented form- 
ally for payment, and when sent forward the company was informed 
that they had no money to pay them with — that the money was all ex- 
hausted. This report was brought to me, and I made some inquiry in 
relation to it, and was informed that if we could find any persons who 
had not paid their taxes who would pay in their taxes, we could draw 
the money, to the extent of the appropriation which had been made by 
the legislature, on our bills. I made some inquiry, and learned of sev- 
eral persons who were still in debt for taxes, among them Mr. Corco- 
ran. I attempted to see these parties, and did see Mr. Corcoran and 
related to him the circumstances. 

I told him that the company needed the money, and could draw it ou 
these claims for which appropriation had beeu made if the money were 
l)aid in, and that I had learned he had some taxes that had not been paid. 
If he was prepared to pay them, and would do so, it would be au accom- 
modation to us, for we would then be able to draw the money. I told 
him I did not wish to have him discommode himself to oblige us with- 



TESTIMONY OF JAMES IIARLAX. 2017 

out <any pro[)X?r consideration, as a business transaction. lie inquired 
wlietlier tlie taxes that could be paid were general taxes or special 
taxes. I was unable to. answer that question at that time, but told 
him I would make the inquiry and Avould let him kuow. He requested 
me to do so, and said if it were general taxes he thought he could 
make au arrangement. On inquiry, I learned it was general taxes that 
could be applied in that way on the payment of the different executive 
offices of the District. He lirst observed to me, " But you have not 
said what j'ou will allow me ibr doing this." I told him we would allow 
him what was a fair rate, and asked him what he would be willing to 
do it for. "No," said he, "you state your proposition, what you are 
willing to give."' Said I, " 10 per cent." Said he, " 10 per cent, off the 
face of the transaction ?" I said, " Yes ; 10 per cent, off of your bills." 
Said he, "1 believe I would be entitled to per cent, if I paid the money 
in." Said I, " I suppose you would. We are willing to allow you 10 per 
cent, off the face of your bills after you pay it into the treasury, and 
enable us to arrange it.'' He said he could let us have several thousand 
dollars — I do not remember the amount — by the last of the week, and 
that I might call during the last of the week, and tlie arrangement would 
be made. He said he would speak to his business man, Mr. Hyde, to 
furnish the tax schedules. I called on Saturday morning of that week, 
and then he said that on more mature consideration he had thought it 
best for him not to have his taxes paid in that way; that he would 
prefer to pay them before the year was up in the usual way; 
l)ut, to enable me to know that he had been talking to me in good 
!aith, that he would lend me some money if I wanted it and would 
secure it. I thanked him, and we separated. That is all that oc- 
curred between him and me, personally. A few days afterward 
Mr. Tfiggs sent down some tax schedules — partnership schedules — by 
}h\ W'allach, ex-mayor of the city, stating that 3Ir. Corcoran was not 
w illing to have his personal taxes arranged in that way, but he did not 
wish to be in the way of his partners arranging their taxes if they saw 
I)roi)er to do so ; and we arranged some of those taxes for them. I may 
-rate that the money was not paid into the treasury formally. It was 
not actually- counted into the treasury, and drawn out again, but war- 
rants were drawn for it ; and our bills were receipted, and the District 
-oveinment credited with the amount we arranged. I do not remember 
The amount. The business was not managed by me personally ; I was 
merely consulte<l in relation to it. ]My son at that time was managing 
matters. 

]>y ^Ir. TilURMAN : 

<^ These were general taxes tliat were due ? — A. Yes, sir. 

i). And upon the treasury being put in funds for the amount of these 
axes, then an equal amount was paid to you ui)0u your bill ? — A. Yes, 
.-^ir ; that was the operation. 

(^. It was not necessary to go through the formal process of putting 
the money into the treasury, but that was the substance of the opera- 
tion ? — A. That was the operation. If the taxes were i»aid, in then the 
government Avould ])ay its debt to us to the amount of tlie api>roi)riatiou 
whicli had been made. The money was not counte*! into the treasury, 
but the draft was drawn for it precisely the same asthougli it had been. 

By ^h: Stewakt : 
(^>. Could not anyone pay taxes witii warrants .' — A. I so understood, 
and we arranged taxes in that way for several persons — l supiiose half a. 
dozen different men — on account of the claim we wished to convert. 

127 DOT 



2018 AFFAIRS IN THE DISTRICT OF COLQMBIA. 

Q. Do you know wbetLer you liad any superior advantages or facili- 
ties for doing- it over others ''! — A. None wliatever — that is as far as 1 
know. I was told anybody could do it who cauld get anybody to pay 
in taxes, and have claims for wdiich appropriations were made by the 
legislature. 

Q. Did you say the whole of these claims were paid in that way ? — 
A. O, no, sir; not all of them. 

Q. By converting those tax-certificates ! — A. No, sir; not all of them. 
Several thousand were paid in that way. The exact amount I could 
not give without reference to the books. 

Q. Did you receive payment of any part of that claim by means of 
the Market Company, or in any way connected with the Market Com- 
pany'? — A. No, sir; none whatever. 

Q. Or of any other claim of the Chronicle Company f — A. None that 
I think of. I do not remember. 

Q. Did Mr. Ordway ever hold any mortgage upon any part of the 
Chronicle establishment "? — A. Yes, sir. 

Q. How much was the amount of that mortgage ? — A. I do not remem- 
ber now. It ranged somewhere along from $9,000 to 811,000, I think, 
originally. 

Q. I mean Mr. Ordway, the Sergeant-at-Arms of the House? — A. 
Yes, sir; Mr. Ordway and William E. Chandler were the original par- 
ties. 

Q. How was that mortgage paid ? — A. I do not know that it has ever 
been paid. 

Q. Did not you procure, or did not Mr. Ordway, as president, or what- 
ever position he occupied in the Market-House Company, give you a 
check in favor of Governor Cooke for $10,000, or something like that 
amount? — A. I think not quite that. Mr. Ordway was anxious to get 
some mone}^ on some notes that he held against the Chronicle Company, 
made before I had any connection with it, and mentioned the matter to 
me. I ultimately succeeded in borrowing some money for him ; and the 
notes and mortgage were transferred to the party who loaned the money. 

Q. The question I asked you was whether you did not get from him a 
check for $10,000, or thereabouts, in favor of Governor CookeJ — A. 
Not that I remember. My memory of the transaction is this : that he 
arranged for the money with Governor Cooke, but I understood him 
his brother. Jay Cooke, loaned the money. Governor Cooke drew a 
check for the money; that is my impression, and that I took his check 
to Ordway, and took up the notes and mortgage held by Mr. Ordway, 
and handed them to Henry D. Cooke, to be by him transferred to Jay 
Cooke & Co. 

Q. Was not this the transaction 1 Did not Mr. Ordway, as an officer 
of the Market-House Company, give you a check payable to Governor 
Cooke, and for ten thousand dollars, or thereabouts, of the poor-fund that 
was to be paid by the Market-House Company, or $25,000 poor-fund, 
on account of that ? — A. I think not. I only remember of one check. 
1 do not see how he would give any other check. My memory is that 
Governor Henry D. Cooke handed me a check payable, I think, to 
Ordway, or order, for the amount of these notes and interest, and 
that I carried that check to Mr. Ordway, and gave it to him, and 
took up the notes and mortgage which he held against the company, 
and carried those papers to Mr. Henry D. Cooke, and handed them to 
him, he stating that he had procured the money of his brother. Jay 
Cooke, and I suppose he turned the papers over to him. 

Q. You say Ordway gave a check ?— A. No, sir ; I did not say that. 



TESTIMONY OF JAMES HARLAN. 2019 

I say my impression is Tleiiry I). Cooke gave a clicck, i)ayable to 
Onlway. It may have beeu made i)ayal)le to me, for aught I know, but 
I thiuk it was made payable to ISlv. Ordway direct. 

Q. Try and refresh your recolh'ctiou wliether Mr. Ordway did not, 
either by check or in some way, pay over to Henry I). Cooke, as gov- 
ernor of this District, 810,000 V that pooi-relief fund.— A. Not that I 
know of; that is, I do not remember anything of the kind. 1 do not see 
why he woukl have done so to me in our transaction. 

Q. Let us see about that. Sui)pose he did pay it o\er to (Governor 
Cooke in that way, and then (lovernor Cooke i)aid your bill — 810,000 
on your bill with that sum of money — might not that account for the 
business .' — A. He might have gotten the money from any source he 
chose. I do not know where iie got the money. 1 understood from him 
he got it from his brother — his brother. Jay Cooke. 

By Mr. Stewart : 

Q. "Was your mortgage released ? — A. No, sir. A part of it has been 
paid since."^ That is, 1 do not suppose it is. It was not a mortgage 
given by me. 

(). AVere the notes still after that held against the concern ? — A. Some 
of them were still outstanding, as I understand. Part of them were paid 
afterward by the company. 

Q. I mean by that particular transaction. — A. I thiidc one or two of 
these notes were taken up by the company. 

Q. Were the notes taken up at that time? — A. No, sir, not at that 
time. We sim[)ly borrowed the money of Henry J). Cooke, with which 
we lifted the paper held by Ordway against the Chronicle Tublishing 
Company, and turned over those notes and papers. They were not 
the notes signed by me or anybody in the company. They were signed 
l>y .John M. Morris, at that time a clerk in the Senate. It was a trans- 
action of his which came to my knowledge after I formed a connection 
with the company. "We took up Mr. ]Morris's notes which were secured 
by a mortgage on the property of the Chronicle Company, and handed 
them over to Mr. Henry D. Cooke for the face of the notes and interest 
which had accrued up to that time. 

By Mr. Stewaet : 
Q. Your statement is simply this : You borrowed the money of 3Ir. 
Cooke. He furnished the money you paid to Ordway and took the 
securities out of his hands and placed them in the hands of .Henry D. 
Cooke ? — A.|Yes, sir ; that is the transaction. 

By Mr. Tiiurman : 

(^. Did you have any conversation with Ordway about the mode of 
raising the money ? — A. I had a great deal of conversation with him. I 
told him that we were not ready to pay the money Just then. He stated 
various reasons why he wanted the money. He said that he was in debt 
to somebody in New Hampshire, and wanted to carry the money with 
him when he left Washington. There was a great deal of other conver- 
sation, such as occurs between men doing business of that sort. I re- 
meml>er that in talking with Henry 1). C^ooke, in relation to it, he men- 
tioned him, and told me why he wanted the money. He stated that 
he wanted it to ))ay to ]Mr. Ordway. He said he wished ]Mr. Ordway 
would pay his taxes; that he owed tlie Covernment some taxes, which 
he wished he would pay. 

<^ J)i<l you ai)ply to Mr. Henry 1). Cooke for money as a loan .' — A. 
Yes. sir. 



2020 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did he loan .you mouey as soon as you applied, or was it some 
little time afterward ? — A. ^o, sir ; not immediately. He said he would 
thiuk about it, and would if he could. He would like to oblige us, and 
all that. I thiuk I saw him, perhaps, as many as two or three times 
before we got it arranged. 

By Mr. ThuemAN : 

Q. The security, then, that Henry D. Cooke was to ha\e, and Jay 
Cooke & Company were to have, if they loaned the money, was these 
same mortgage-notes 1? — A. Yes, sir ; of John M. Morris. 

Q. Did Mr. Ordway indorse those notes over ? — A. No, sir ; I am 
(|uite sure about that, because I asked him to, and he said no, he did 
not wish to ; that it was unnecessary. I do not think they were in- 
dorsed. 

Q. And did they lend $10,000 on such collaterals without their being- 
indorsed upon ? — A. I do not remember the amount. 

Q. Whatever it was ? — A. They loaned the money with security — 
several thousand dollars. 

Q. Did Mr. Ordway assign the mortgage to them f — A. I do not re- 
member about that. 

By Mr. Stewart : 

Q. Had the notes been indorsed so that the property could be trans- 
ferred on delivery, or were they made to Ordway '? — A. 1 do not remember 
whether 1 read the notes at all or not, except to know they were notes 
made by John M. Morris. In talking with Mr. Cooke, I remember he 
asked me for security. I remember this, that Mr. Cooke asked me 
what security we could give, and I told him of these notes and the 
mortgage which was given to secure their jjayment. He asked me to 
take up the. notes, and bring them with the mortgage to him for him to 
look at them. I did that. 

Q. Did yon give any further notes or indorsements ? — A. No. sir ; I 
think not. He asked me to bring them to him to look at them ; he 
looked at the notes and at the mortgage, and gave me a check. I 
brought him the paper to look at; he then gave me a check, and I went 
back to Ordway and tokl him I could pay him, and asked him to sur- 
render to me the paper, and he gave it to me. 

By Mr. Thurman : 

Q. Mr. Cooke took no note from you or the Chronicle Company ? — A. 
No, sir ; I think not. I do not think we gave any other note. 

Q. And took no indorsement of Ordway of notes 1 — A. No, sir ; I 
remember of asking Ordway to indorse the notes, and he said they 
did not need to be indorsed ; that it was not necessary. He said the 
holder of the notes could collect them. 

Q. Did Ordway deliver up the mortgages as well as the notes '! — A, 
Yes, sir. 

Q. Then the money you received from j\[r. Cooke paid off the mort- 
gage ? — A. It was in effect a loan to us. and paid off" so far as Ordway 
was concerned. 

Q. It was what was due on the mortgage '' — A. Yes, sir. 

Q. And the effect of the transaction was that Henry D. Cooke bought 
the mortgage and notes ? 

Mr. HuBBELL. The witness was the agent in the transaction; Cooke 
bought the mortgage. 

jNIr. Stewart. If the notes were iiayable to bearer, no indorsement 
was necessarv. 



TESTIMONY OF JAMES HARLAN. 2021 

Ly Mr. Stewart : 

(>. You wanted furtlier time .' — A. Yes, sir. 

Q. And you got this man to buy the notes and KioiL^^a-L- .' — -v. Yes, 
sir. 

By Mr. Thueman : 

Q. Is that mortgage still outstanding, or lias it been paid off ? — 
A. Some of the notes have been i:)aid, and some of them, I think, have 
not been. I do not think they have all been paid. There have been 
payments made from time to time on them. I think probably one or 
two notes have been taken up. There were several notes. 

Q. You understood that Henry D. Cooke acted for Jay Cooke & Co.? — 
A. He told me so. He told me it was Jay Cooke's money. 

Q. Do these notes, or either of them, appear in the assets of Jay 
Cooke & Co. ? — A. I think they do. I am not sure about that. J 
think, however, in noticing a schedule of the Washington and Philadel- 
phia firm that I saw some notes of John M. Morris in the published 
schedule, which I suppose to be some of these notes. 

Mr. Cokcoean. I would like to state to the committee that these 
taxes that I paid were not taxes in arrears. They were paid by me in 
November. They are not due until July next — July, 1874. They were 
not overdue taxes. 

3Ir. TnuEMAN. So we understand. 

Mr. CoECOKAN. I wanted the matter understood. I was not unwill- 
ing to pay my taxes. 

Examination of Mr. Ja^ees Haelan resumed. 
By Mr. Stanton : 

Question. You were not a member of the Chronicle Company at the 
time of this transaction in which the mortgage was given on the Chron- 
icle i)roperty ? — Answer. So, sir. I think the notes were given before 
the company was incorporated — when John M. Morris was the sole 
owner of the property of the Chronicle Company. I think he gave the 
notes and the mortgage on the property, and that the company was in- 
corporated afterward. That is my recollection of the matter. 

Q. You are quite clear, however, that the indorsement of Mr. Ord- 
way upon that paper was not necessary in order to transfer back ? — A. I 
have a very distinct memory that I asked him to indorse the notes, and 
he observed that it was not necessary at all; that the holder of the 
notes and mortgage could colled the notes. I do not remcmbt-r that I 
read them at all. 

i). Under our form of security here, the lien of a mortgage passes 
with the transfer of the paper ? — A. I am under the impression that Mr. 
Oi'dway so said in explanation of his declination to indorse. 

Q. On what property was this mortgage given? — A. I could not 
state exactly what, but I think on presses and other property. 

Q. On all personal property of the newspaper company ? — A. I do 
not know what proportion of it. It was on some of the presses, at all 
events, and property of the company. 

Q. And the advance was made to the company* by the banking firm 
of Jay Cooke «S: Co., and they took the securities — that was the trans- 
action ? — A. I am not sure about 'its being the firm; the arrangement 
was made with Henry I). Cooke, and he observed at the time that the 
money was Jay's that he was letting me have. 
By Mr. Tiiurman : 

(}. About wliat time was that ? — A. 1 think it must have been a year 
since — ncarlv two vears, I think. 



2022 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What office did Mr. Ordway then hold in the Market Compauy ? — 
A. I am not sure; I have au impression that he was president of the 
company. 

Governor Siiepiierd. l^o; he was superintendent; he was never 
president of the company ; he was managing director. Matthew G. 
Emery was the president. 

Mr. Stanton. Mr. Ordway has testified here as to the interest he 
had in the Market-House Company. 

The Chairman. He was not inquired of in regard to this transaction. 

Mr. Stanton. No, sir — merely as to his position in the Market-House 
Compauy — the extent of his control over it. \ 

The committee here took a recess until 2 o'clock. 

2 o'clock p. m. 
On the committee reconvening, 

Wright Eives recalled. 
By Mr. Thurman : 

Q. Have you made any more examinations in regard to measurements 
of the improvements in this city, and the amount paid for them compared 
with the amount of work actually done ? — A. I have written out the 
examinations I have made previously. I have made but one or two new 
examinations. 

Witness then read the following statement : 

Governor's Answer, page 411 : Connecticut avenue, H to I and K to Boundary. 
Report Board Public Works, 1873, page 84, No. 42: United States paid :j^l04,266.27 ; 
the property-holders paid 123,638.08; making$127,904.35asthe total amount the board 
of public works received in money for the street. But since the whole cost of the street 
was $110,575.43, we deduct from the above, and we have $17,328.92, which represents the 
money actually received beyond the cost of the street. But the general fund has been 
charged with $47,276.15 ; add to the above, we have $64,605.07 as the amouut charged 
beyond the cost of the street. If w^e examine page 84, Board of Public Works, 1873, 
we will see that the United States has been charged with only $39,661.20 ; subtracting 
this from amount paid by United States, $104,266.27, and we have $64,605.07 as the 
amount overpaid by United States. Now, since the United States iiaid $104,266.27, we 
deduct it from the actual cost of the street, $110,575.43, and w^e have $6,309.16 as the 
amount to be paid by the property-holders. Divide this by the number of feet of tax- 
able property, and we have the amount to be paid for per front foot by the property- 
holders, (leaving out fractional part of feet,) and we have $0.86.49 as the rate per front 
foot that ought to be charged to the property -holders ; deducting this from the amount 
charged iu the table, $3.24.07, and we have $2.37.58 as the amount overcharged per 
front foot. 

By Mr. Thurman : 

Q. Before you pass from that, how do you get the amount of the act- 
ual cost of the improvement! — A. By referring to the Eeport of the 
Board of Public Works for 1873, on page SG, Mr. Forsyth's table, in which 
there the total cost of the street Mr. Forsyth sums up as $110,000 and 
some odd cents, of which the United States was only charged with 
$39,000. But examining the Governor's Answer, we hud the United 
States has actually paid $104,000, instead of $39,000. 

Q. That is Connecticut avenue ? — A. Yes, sir. 

Q. Does the table of Mr. Forsyth purport to include any improve- 
ments opposite Government property? — A. There is a reservation on 
Connecticut avenue, a small reservation — Eighteenth and M, I think, 
they call it. It is on the map on the left-hand side goiug up. That 
839,000 embraces a charge of Government property. 

Mr. Thurman. Proceed with the next. 

Market-space, Seventh to Ninth street : Governor's Answer, page 437 ; Report of the 
Board of Public Works, 1872, Table X ; contracts Nos. 107 and 145, United States charged 
with five-sixths of 2,592 square yards of wood pavement, 2.160 at $3.50, $7, 560 ; 370 
feet of sewer, at $4.70, $1,739.00 ; curbing, 320 feet, at $1.50, $480. If we examine 



TESTIMONY OF WRIGHT RIVES. 2026 

Ta1>le X we linil 109A feet of curlj, at SO cents, slOO.74 ; 538J feet old resetting, at 2.") cents, 
.sl:?4.(>:> ; hanling curb, SS.7(\ ; making in all 8244.13 as the whole amount for new and old 
curb and resetting. Deducting from the above, we have $2;5r).87 as amount overcharged 
on curb. The whole amount of wood pavement laid is 2,'M')'^i square yards, at S-^, 
s7,000. In the Governor's Answer we see that it is charged that 2,.'')'J2 were laid, and 
that the United States paid for live-sixths, 2,1G0 square yards, at i^'S.aO, $7,r)G0. Sub- 
tracting from the above we have :$500. That is, the United States paid for five-sixths 
of the wood pavement laid, and i)aid $500 more than the cost of the whole wood 
pavement. From the above we see that the United States has paid, or rather been 
charged for their jiroportion of the improvement, S'J:52.01. In the Governor's Answer, 
the United States has paid 8^,779 as tlieir portion for the same work. To this add 
the general fund, 8^,^22.17, and one-third property-holders, 82,027.35, and we 
have 81<',728.52 as the amount collected and charged to the street. Deducting 
from tiiis the actual cost of the street, (5 per cent, being added,) 87,882.61, we have 
88,845.91 as the amount charged and collected bej'Ond the cost of the street. 
Now if we add what the United States paid, 89,779, to what the property-holders were 
assessed, and which is actually money, since tax-liens have been issued for the same, 
we have 8l2,40(j.5'.5 as the amount actually collected in money for the cost of the 
street. Deducting from this the actual cost of the stn^et, (5 per cent, added,) 87,882.01, 
and we have 84,523.92, as the amount of money actually collected by the board of pub- 
lic works beyond the cost of the street. Now if from $9,779, the amount paid 
l>y the United States, we take 87,882.01, the cost of the street, we have 
-1,890.39, the amount paid by the United States beyond the cost of the street; 
divide this by the number of taxable feet of property, 3^9 feet and 4 inches, 
and we have 84. 87v,,'*,7, which represents the amount that should be paid to the prop- 
erty-holders per front foot. This seems strange, that the street should be paved with 
wood and that the board of public works should pay to the jiroperty, instead of the 
property paying to them, $4. 35r;,'',r> as stated in the table ; but the fact must be borne 
in mind that the United States has been compelled to pay for a sewer that was put 
down by the property-holders themselves, and since the board of public works has 
made tlie United States pay 84.70 per front foot for the same it is but just that it 
should be returned to the property-holders. The rate per front foot, $4..35 fdTT, as stated 
in the table, is wrong; it should be 80. 7,5, Vjj, a difference of 82. 39 1'*,",, ; that is, the 
property should be charged this much more than stated in the table. 

Pennsylvania avenue. Fifteenth street to Rock Creek : Governor's Answer, pages 411- 
422, Report of the Board of Public Works, 1872, table ; United States charged with 22,545 
square yards of brick pavement, at $1, 822,545. If we examine the table we find 12,300 
square yards new bricks and 10,245 square yards old bricks, making in all 22,545 square 
yards. 'But the new pavement cost 811,":W9.80 and the old 82,5(;i.25, making in all 
813,951.05. Subtract from the above and we have 88,5915.95 overcharged on pavement. 
Curbing, 11,907 feet, at 81.,50, $17,800.50. In the table the whole amount of curb 
charged, new and old, and resetting, §9,800.30. Deduct from the above and we 
have 88,000.20 overcharged. Cobblestones taken up, 15,409 square yards, at 15 cents, 
88,311.35; in talde, 40,451 square yards, 80,005.07, a difference of 82,245.08. Sew- 
ers, 7,084 feet, at 84.70, less two-thirds, 822,201.23 ; in the table, for the curb, we find 
no .sewers lai<l by the board of public works. All the .sewers in the street were laid 
by the old corporation. Concrete, 17,017 stjuare yards, at 83.20, .854,454.40. If we ex- 
amine contract Xo. 41, pages 243 and 341, Governor's Answer, we find that the total 
amount received was 844,454.40, an overcharge of 81", 000. In the table Ave find that 
the whole charge to the United States is 8110,097.02. Now, on i»age 414, all after 700 
feet of sewer is to be charged to this avenue. Adding, we have 8203,877.25; taking 
two-thirds and we have 8175,918.17; deducting from it the charge in the table, and we 
have a dificrence of 859,821.15. In testimony, i)age \C>7'.i, we see Mr. Oertly makes the 
total cost of I'ennsylvania avenue, from Fift(!entli .street to Rock Creek, to be 8150,050.16. 
Subtract from this the amount of 8110,097.02 in the table of the report of the board of 
public works, 1872, which report was made to the President for transmittal to Con- 
gress, and we have a difference! of 834, .553. 14. 

Seventeenth street, from New York avenue to M street. (Report Board of Public 
Works, 1H72 ; Table X.XXI, Governor's Answer, pages 398 and 434.) 

If we examine the table we will see that the United States has been charged with 
-^9,667.20 in front of the War ami Navy Departnu-nts ; but on page 398 (Goveruor's 
.Vnswer) we see that the United States has paid 810.02-'. 80 for concrete alone at the 
War Department, and on page 434 it is charg<'(t for side foot-walks, excavation, sewer, 
sodding, anil curbing. So Table 31 mn.st be wrong, as the United States jiaid more 
than is stated in the tabic ; and since the true amount was not deductrd, the rate per 
front foot, as charged to the projierty-holders, is too high. We also fnid, for the same 
street, that the sewerage from New York avenue fcj canal is cliarged to the United 
States at 814,255.10. Contract No. 245. .sewer west side Seventi'cnth stniet, New York 
avenue to canal, 83,84^.92. Also, on page :'>98, fJovernor's Answer, 2,136ii macadam- 
ized pavement from Now York avenue to E street, at 81.50, .8:5,20.5. This same work 
was concreted at a later period at a cost of .'*3.5(( ])er s(|uar<; yard, and was paiil for in 



2024 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

full. Since the stoue-bed was liuisLetl, a dednctiou ought to have been made, and not 
$4.70 paid per square yard. 

Fifteenth street, Pennsylvania avenue to B street, Governor's Answer, pages 427 and 
450, Report of the Board of Public "Works, 1873, paoe 84. (No. 51.) 

The report states that the United States has only been charged with §37,903.20. If 
we examine the Governor's Answer, we will lind that the United States has paid for 
C,610 square yards wood pa^'ement, at §3.50, $23,135, and Avith 3,3G2 square yards 
asphalt sidewalks, at ,$1.35, §4,53d.70 ; curb, brick pavement, and sodding, §G,5i)4.71. 
Assuming §6,000 for grading a low estimate, and Ave bave $40,268.44 as amount paid by 
United States. 

City-hall reservation, (on G street and Fourth street,) GoA'eruor's Answer, page 433. 
Contract No. 204, pages 253 and 344. Sewer on G street, 700 linear feet, at §4.70, §3,290. 
Contract No. 204, Avhole cost of sewer, §1,574.32, a difference of §1,715.68. 

Massachusetts aA-enue, New Jersey avenue to Boundary, GoA'ernor's Answer, page 
412, sewers, §36,425; two-thirds of this Avas paid by the United States, §24,283.34. 
Report of the Board of Public Works, 1S74, page 1.54. Same sewer, whole cost, §22,223.47 ; 
the United States pays two-thirds, §14,815.65. Deduct from the above, and Ave haA'e 
§9,467.69 as the amount overcharged on sewer. 

Massachusetts aAenue, New Jersey aA'enne to Lincoln Square, Governor's Answer, 
page 412, 49,400 cubic yards grading and haul for same, §24,700. Contract No. 243, 
Avhich is the contract for the above, the Avhole amount receiA'cd by contractor, 
§23.702.42— a difference of §997.58. 

Vermont aA^enue, I to Fourteenth-street circle, GoA-eruor's Answer, page 415, Report 
Board Public Works, 1872, Tables XXXV and XXII. — Sodding 4,025 square yards, 
§2,012.50 ; United States, 5,740 square yards, §2,^70 ; brick pavement, 2,792^ square yards, 
§2,035.32 ; United States, 5,834 scjuare vards, at §1, §5,834 ; curb, ueAV and old, 2,583' 9'', 
§3,766.55 ; United States. 3,960, at '§1.50, §5,940, a difference of §2,173.45 ; 2.130 
of sewer, less i : 1,420, at §4.70, §6,674. Report Board Public Works, 1872, Table XXII, 
total cOvSt, §5,313.74. Take two-thirds of both, and Ave find that the United States has 
paid §907.17 too much. If Ave examine the Table XXXV, Ave Avill find that the United 
States has not been charged. 

Twelfth sti'ectaud PennsvlA'ania avenue to Potomac RiA-er, GoA'ernor's Answer, page 
405, Report Board Public Works, lt^72, Table XX\'II, contract No. 28.-1,500 feet of 
sewer, at §4.70, §7,050 ; United States pays the whole in table. Total amount of sewer, 
§12,929.03, and this whole amount is charged to the property, and no deduction for 
United States. The board of public Avorks, therefore, receiA^ed beyond the cost of the 
sewer the amount paid by United States, §7,050. First street, uortliAvest, Pennsylvania 
avenue to B street north, GoA'ernors Answer, pages 403-447. 

733 feet of curb, at §1.50 §1,099 .50 

258 square yards brick paA'ement, at §1 258 00 

590 feet cnrb, at §1.50 885 00 

3,111 square yards cobble-stones taken up, at 15 cents 466 65 

Making, in all 2,709 15 

These amounts should not be charged to United States, as the curbs and brick paA^e- 
ment were furnished, set, and laid by the Architect of the Capitol, and the cobble-stones 
Avere removed by the contractor Avithout charge. 

NeAv York aAcnue, Ninth to Fifteenth street. Governor's Answer, pages 399, 413. 414, 
441, contracts 190 and 191, Report Board of Public Works, 1872, Tables XXIY andXVIII. 
If AA-e examine these Ave iind that the United States has been charged Avith and paid 
for 2,718 feet of scAver, at §4.70, §12,774.60. In the table, cost of same, §8,173.90 ; de- 
ducting from the aboA-e, we haA'e a difference of §4,600.70. Curbing to United States, 
9,372 feet, at §1.50, §14,058 ; in the table, 9,372 feet, and hauling for the same, §11,873.73, 
a difference of §2,184.27. United States charged Avith 5,796 square yards brick pave- 
ment, at §1, §5,796 ; in the table 5,796 square yards of old and new, as foUoAvs : 4,321 of 
new, at 80 cents, §3,752.80 ; difference in price of 19,000 brick, at §2.50, .§47.50=§3,500.30, 
for new paA^ement; 1,475 square yards of old paA'ement, at 25 cents, §358.75; 
adding, Ave haA'e §3,869.05 as the total amount paid for paA'ements. De- 
ducting the above, Ave have §1,926.95 as the amount overcharged for paA'ements. 
But since the United States only pays two-thirds of the same, A\'e take two-thirds of 
§3,869.05=§2,579.94. Deducting this from amount paid by United States, two-thirds 
of §5,796.00, Ave have §1,284.06 as the amount overpaid by'United States on pavements. 
United States charged with 28,001 square yards concrete, at §3.20, §89,603.20. In 
table, 28,001J square yai'ds of concrete and vulcanite. But this includes also 2,236 
square yards vulcanite sidewalk. The cost of the Avhole in the table amounted 
to §84,890.11, and tAvo-thirds of this, the amount that ought to be charged to 
United States, §56,593.41. Deducting from amount i)aid by United States, Ave have 
§3,142.39 as the amount oA'erpaid by United States on concrete. United States 
charged Avith 6,541 square yards sodding, at 50 cents, §3,270.50. In table, 4,472, 
at 50 cents, §2,236.00, a dilfcrence of §1,034.50. United States charged with 308 



TESTIMONY OF WiilGHT RIVES. 2025 

square yards tar siilewalk, at S2.35, $723.80; 445 square yards tar sidewalk, 
at ft2.3r>, 81,045.7"). Now these sidewalks only cost $1.40 i)er srjuare yard and are iu- 
cluded in the '2-;,001 of concrete, as stated previouoly ; 24,141 cubic yards of gradiu^^ 
at 40 cents, S'J, fj.5(j.40 ; hauling for same, at 10 cents, s2,414.10 ; making in all, .S12,070.."30. 
In table No, 24. wiiole amount of grading as follows : 'J,2'i7i cubic yards, s4,37y.G'J : 
haul, ■'?3'J2=84,771.(;'J. Subtracting from the above and we have au overcharge to 
T'nited States of .§7,298.81. In table United States charged with only wl4,'j:5U.45 : 
Governors Answer, page 413, | of sl37,572.80=:i<91,71;'3.20, a difference of "^"'3.77.". 7.'). 

By Mr. TnuR^iAN : 

Q. Was there uot some work done after the date of tlie rciJurL <>i liie 
board of public works in 1S72 and before the preparation <jf the gov- 
ernor's answer, on that avenue ? 

The Witness. From Xinthto Fifteenth .street ? 

Mr. TiiURMAN. Yes. 

The Witness. Xot to my knowledge. 

Governor Shepherd. 1 should like to ask Mr. Eives under what ap- 
propriation that $01,000 was paid. 

Mr. THUR:\rAN, Perhaps the witness had better go on and make his 
statement before any questions are put to hira. [Witness resumed the 
reading of his statement as follows :J 

Mr. Oertly in his testimony, page 1G75, states the total cost of the same to be 
•■^^3,189.02, a ditierence of sfjH,247..57 from his former charges, since he has stated in his 
testimony that be made the charges against the United States. The amount 
814,939.45 was the amount .sent to the President as the true amount. 

Pennsylvania avenue, First to Seventh ea.st, Report board Publif Works. 1873, page 
1.56; Governor's Answer, page 427. If we examine this table we will find 43.112 
square yards of wood pavement at $3.50=8150,892. Now if we examine contract 
No. .583, ])ages 290 and 352, we see that the contract reads, to lay the wood pavement 
CDe Golyer) from First to Eiglith street, and to extend through and ai'ound reservation 
on Peuusj^lvania avenue and C street, southeast, and that there was paid for the same, 
8150, 8J2. Now there should have been deducted from this 43,112 square yards 
wood pavement, the amount from Seventh to Eighth s>,reet, amounting to 5,00<.) 
square yards, and this is a reasonable estimate, leaving only 38,112 to be charged in 
the table, and that the private property was charged 817,500 too much. 

By Mr. Mattingly : 

Q. When was this prepared ? I only want to know whether it was 
prepared after the explanation by Governor Shepherd of the statement 
in the Governor's Answer. There is a typographical error in the answer, 
wliich has been explained by the governor. 

The Witness. I have not seen that explanation. 

(}. You ha^'e never .seen that ? — A. Xo, sir. 

31r. Mattingly'. That is all. 1 simply wanted to know whether yon 
had .seen the explanation or not. 

[The witness resumed the reading of his .statement, as follows :J 

Buttlie United States paid for two-thirdsoft!ie 5,000 square yards ^811, G(>7. Now on 
page 427 Governors Answer : Pennsylvania avenue. Seventh to Eighth street east, the 
United States is charged for 3,808 square yards wood pavement, through the «oiinrp. nt 
.83..50. 813,.538, and thisispart of the same wood i»avement contained in the : 
yards; United .States charged with 81^,1<J0.80 for sewers, two-thirds of tli: 
in table, whole co.st of sewer 810,035.48, two-thirds of this, 80,690.92; deu... . i..,- ....... 

the above, and we have 85,416.';-; overchaiged to United States. 

New York avenne, .Seventh to North Capitol street. Governor's Answer, page 414 : 
Report of Board of Public Works, 1873, j)ages 168 and 106. In table, whole amount of 
curb, new and old, 8,6I9v feet ; United States, 12.5^4. Macadam pavement, table 27,413 
square yards ; I'nited .States 2,762, a ditierence of 207 sfjuare yards. .Sewer 4.643 IVet, at 
•84.7i», 821,822.10; L'liited States ciiarged with two-thirds of this, 814,54^.07. I'.ut in 
Report of Board of Public Works. 1873, page 168, .same sewer, wliole cost 811,746.12, 
United .States two-thirds, is §7,830.75; deduct from the above, and we have 86,717.32 
as overcharii'd lo the United States. 

Xo. 55. — fiHjiiitUioii. 

Juni- 4, l-:;fi, — J';irt of 2, W. 14. .So much of said lot 2 as lies on the n")rth side of a 
straight line drawn from a point at the end of 70 feet measured west on the .south- 



2026 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

west line of said lot, from the southernmost corner to a point at the end of <jO feet 
measured west on the northeast line of said lot from the easternmost corner thereof, 
and the land belonging or appertaining to the said lot lying nest thereof, as recorded 
April 8, 1830, in W. B. 33, folio 135. 

Record book in surveyor's office reads as follows : Square W. 14, lot 2 ; front feet, 
east, 70 ; square feet, 6,917. W. B. Todd. 

By Mr. Bass : 

Q. All these items iu regard to sewers, as I understand you, are made 
up by you with reference to this charge of 84:.70, as being a fair average 
charge f — A. Yes, sir. 

Q. And these items you have selected are items where, in fact, the 
sewer has cost less than $4.70 f — A. Every place I took it I took the 
actual table of sewers. 

By Mr. Mattingly : 

Q. Have you taken in all these cases in which the amount paid by the 
United States per linear foot of sewer is considerably less than cost t — 
A. I never noticed one of that kind. I just took simply the sewer-tables, 
so everybody can see it to be correct, and easy reference. I did not go 
outside at all. 

New York avenue. Ninth to Fifteenth street. Along this line, three intersections 
1. Between Tenth and Eleventh streets. 2. Between Eleventh and Twelfth streets 
3. The sharp angle iu front of Gurley's Church, between Thirteenth and Fourteenth- 
These three spaces contain in all about 28,000 square feet ; but on page 12, Report 
Board Public Works, 1873, items Nos. 7, 8, 15, and IG, the surveyor of the District meas- 
ures these spaces and sums up a total of 64,660 square feet in these three triangles ; and 
on page 22, (items Nos. 41, 42, 49, and 50,) W. L. Morgan, tax-clerk, appraises these an- 
gles, aggregating a value of ground in them of $87,882. The board thus honors these 
spaces with the title of reservations, while taxing the main part of street with funds 
under the head of improvements of avenues, (two-thirds of whole cost.) It levies 
also from General Government for improvements in front of United States property, 
and claims beside ten mills for main sewerage, based on the surveyor's expanded 
areas. The following charges are made, (see Governor's Answer, page 398 :) Reserva- 
tion corner New York avenue and church, $7,989 ; reservation. New York avenue and 
Twelfth street, $11,141.75 ; New York avenue and Tenth street, $750.40 ; page 440, 
reservation at New York avenue, Thirteenth and H streets, $6,501 ; making a total of 
$26,382.15. Page 441, New York avenue. Tenth and I streets, $19,146; United States, 
$2,670.40, (see Table I, streets, Report Board of Puldic Works, 1872,) making, iu all, 
$48,198.55. The actual area of the newly made reservations pays, to begin with, a tax 
of $9.93 per square foot for pavement (see Oertly's testimony, page 1674) along 
their frontage, no sodding or fence being in bill. This street was tinished in 
1872, and in Report Board Public Works 1872. Table XXIV, we find the cost of 
the street figured up. In Table XVII we find full bill of sewers iu this avenue, 
and a recapitulation as follows: Total cost of street, $113,297.94; sewer, $8,173.90 
^121,471.84. This account (Governor's Answer, page 413) is mixed up with other 
parts of the avenue, entirely disconnected from it, by Treasury Department. 
Treasury Department grounds on one side and Mount Vernon Scjuare on other side. 
W^e part this amount easily from the rest, and foot up$137,.572.80, of which two-thirds is 
charged to United States — $91,715.20. From this deduct for former measurements under 
this head, page 414, $22,939.45, (two-thirds of this is deductedjn the Governor's Answer, ) 
and we have $68,775.75, equal to the total charge for avenue, without claim for main 
sewerage; add for adjoining reservations as above $49,439.45, and we have $118,215.30. 
According to this the United States pays two-thirds, and pays within $3,256.54 of the 
total cost of the street, as stated iu the Governor's Answer. But if we compare the 
Governor's Answer with the table, we will find that the United States has paid the 
following amounts more than the cost of the same, as stated iu the table, viz : Sewers, 
$3,067.13; curb, $1,456.18; brick pavement, $1,284.63; concrete, $5,229.03; sodding, 
$689.64 ; tar sidewalk, $715.35 ; grading, $4,862..'i4 ; making, in all, $17,304.54. Deduct 
from this $3,256.54, and we have $14,047.96. That is, the United States has paid this 
amount beyond the cost of the avenue to the board of public Avorks. Now, if we ex- 
amine the table we find that the board of public works have collected from the prop- 
erty-holders $33,609.87 for the cost of the street ; add it to the above, ($14,047.96,) and 
we have $47,657.83. That is to say, that the board of public works have collected this 
amount in money beyond the cost of New York avenue, from Ninth to Fifteenth street. 

By Mr. MATTINGLY : 
Q. As I gather from your cursory reading, you say that the Govern- 
ment has paid $14,000 iu excess of the cost of New York avenue from 



TESTIMONY OF WRIGHT RIVES. 



2027 



Niutli street to Fifteentli street ? — A. Yes, sir. I examined Mr. Oertly's 
tables. I do not know whether there is any use of referrinji- to them, but 
I will say that I have gone over them, and I find he has left out a 
good many things where money has been paid. The length of this street 
is wrong, lie has left out square west of Fourteenth street. On Penn- 
sylvania avenue, for instance, in the testimony, page 1673, he has got 
5,937 feet of jirivate property. The total amount of private property is 
0,031 feet I) inches. 1 went over it very carefully. 1 referred to the 
plat-book published by Congress in 1852, and also the new plat-book 
which is certified to by Mr. Forsyth, and also examined the ofiQcial 
records in the surveyors ofiice. 

By Mr. Stewart : 

Q. Did you take the same basis that he did ? There was some testi- 
mony here to the effect that in measuring along the streets they left out 
])roperty not taxable, such as churches, school-houses, &c., and charged 
it to the other property. Now, how is that arranged so as to increase 

the number of feet proi)ortioually to make it up to the number of feet 

A. It increases the amount to the foot. 

Q. Did you examine that to see how that was done ? — A. Yes, sir; 
I will illustrate a case. Here is an illustration, [handing Mr. Stewart a 
iliagram.] That is the square west of Fourteenth street. That is the 
greatest number of feet in any square. Get a report of the board of 
public works for 1872, and you will find that there are some thirty feet 
difference in that square. Xow, he has taken thirteen feet nine inches 
instead of the seventy feet. 

[The following is the diagram exhibited to Senator Stewart : ] 



M S t r p t . 



Square. 
W. 14. 




2028 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

That is for the Chesapeake aud Ohio Canal Company. They wanted a 
tow-path and had that condemned. Mr. Oertly put in the frontage of 
the tow-path instead of putting in the private property. I have ex- 
amined it, and the same number of square feet is charged in the lot 
that is on the square west of Fourteenth street. 

Mr. Mattingly. How many feet does he make on that square ? — A. 
Thirty-eight. He takes 13 feet 9 inches, and I take 38 feet 3 inches. 
He ought to add 70 feet to that. 

Q. He makes the measurements, there, less than you do ? — A. Yes, 
sir ; it should be more. 

Q. How does that aifect the general result? I should think that 
would increase the difference. — A. That will aifect it in this way : He 
had a certain amount of money to expend, and he made his work cor- 
respond to it. 

Q. That is your idea of it? — A. Yes, sir; after examining that table. 
. Q. Would it not, in point of fact, have just the contrary effect? 

The AViTNESS. In reference to that portion? 

jNIr. Mattingly. In reference to his statement as to the cost of the 
work. — A. I think my statement — this table is to rebut my statement. 
Mine was plain and clear; I refer to everything and every page. 

Mr. Thurman. Mr. Mattingly, I think you had better let the witness 
go through with his statement, and then you can subsequently enter 
upon a cross-examination. 

The Witness. He refers to New Y'ork avenue and different avenues, 
and I have stated it here, and you see the ditferent charges, and conse- 
quently there was this amount out. And again, he has charged — if you 
will examine that table — take, for instance, page 1672, north of Fif- 
teenth street, six-tenths of an inch — 39 feet. That is one of those Govern- 
ment spaces — what they call such. Now, that is entirely covered by a 
wood pavement. The property-holders paid one-third of that pave- 
ment ; the General Government pay two-thirds. Therefore, the whole 
of it is paid for. But he comes in and divides with this portion of his, 
and multiplies that same area — 39 feet alone on the avenue — by 86. 7G, 
and makes a cost of about 40 square yards of x)avement — pretty near $500. 
I think that is about 40 square yards on that space on Connecticut 
avenue. We get the total cost ot P- street circle, curb and concrete, is 
25,451.20. If you refer to page 406 of the Governor's Answer, you see 
concrete alone, two-thirds of it cost $29,000, He has got Slash Eun 
sewer at Eighteenth and T streets. The Slash Run sewer is paid for 
by this general sewerage law. Then, again, the United States has been 
charged for it in the governors bill of $2,000,000. In Louisiana ave- 
nue, he has added to that. He has added the triangle between Ninth 
street and Pennsj'lvania avenue. They are entirely separate and dis- 
tinct. In reference to his sewerage tables on page 1669, I have 
examined it carefully, and he should deduct from that all these main 
sewers. The cost of these main sewers was collected from the property- 
holders. That is by a tax of 10 mills in Washington and 7 mills in 
Georgetown ; and, while speaking of it, they propose to collect some 
$40,000 from Georgetown for their sewer. When you come to multiply 
the number of area feet in Georgetown the private property — by sewer 
mills, you get $170,000, and some deductions, so they collect three times 
as much as they ought to. 

Then again the sewers have been charged, as for instance B-street 
sewer. Slash Run, this portion in reference to Connecticut avenue, and 
the Tiber sewer in front of the Botanical Gardens against the United 
States; and yet again, in this bill of $2,000,000 that is sent to the 



TESTIMONY OF WRIGHT RIVES. 2029 

Government for <;eneral sewerage, there is Slash Rnn sewer and some 
sewers that have been paid for, three times, you might saj-, or have not 
been paid for, but have been paid for twice, and the bill sent to Con- 
gress for the third time. 

Now, deduct from those tables these main sewers, they foot up 
$222,974.87 on the Government side, 8323,972.38 on the private prop- 
ertj' side, and deduct one from the other and we have 8100,411. ()2. ]\Ir. 
Oertly in his statement states that the private property paid about 81,000 
more than the General Government, whereas, you make these deductions, 
and the United States has paid 8100,411.02 more than the private prop- 
erty, 

(Governor Shepherd. Are you not mistaken there ? The board of 
public works, he says, had paid 81,000 in excess. 

The ^^'ITNESS. That is what I meant to say. 

Governor Shepherd. You said the private-pi()])erty owners. 

The Witness. I meant to say the board of public works. The board 
of public works have paid about one thousand dollars more, but making 
these deductions and the United States 

Governor Shepherd. Where make those deductions 1 

The Witness. Strike out main sewerage. 

Governor Shepherd. Why strike that out ; would it not be best to 
wait until the Government makes the appropriations and then deduct it ' 

The Witness. The assessments were made on private property for 
those sewers. 

Governor Shepherd. For which ? 

The ^V'ITNESS. Seven mills — and two cents in this district. 

Governor Shepherd. That does not ai)i)ly to the private projierty 
at all. The amount asked of the Government is based upon its area — 
the number of feet done in streets, and avenues, and parks — ijust ex- 
actly upon the same basis that the private property pays. 

Tiie Witness. I am talking about that general law for these main 
sewers. The legislature passed an act— seven mills for Georgetown. 
Thati Avas to pay for all those sewers. 

Governor Shepherd. Yes. 

The Witness. And that was the total cost of them ? 

Governor Shepherd. Yes. The board of public works has spent 
8."»o,000 or 800,000 on one sewer alone in Georgetown, and they are 
building those sewers now. The point at issue is simply this, wh(?ther 
the United States Government shall pay the tax on its property as 
the private-property owners pay. If so, then whatever the United 
States has paid heretolbre is to be deducted from whatever the anjount 
would be. 

Mr. TiiURMAN. Governor, let me ask one (piestion right here. Does 
this assessment that has been uuule on private property, the aggregate 
of it, equal the aggregate or estimated cost of the main sewer 'i 

Governor Shepheud. E(]ual the aggregate '? 

Mr. TiiURMAN. Yes, sir. 

Governor Shepherd. No, sir; the estimated cost to/jom[)lete the 
sewerage system with the amount already expeiuled by the private 
citizens ami by the corporation of ^\'ashington aggregates about four 
and a half millions of dollais, otwiiich this sewerage; law recently ])assed 
exa<'ts from the private-property owners 82,100,000; and we ask from 
the Goveiinnent 82,700,000, subject to what it has already paid on 
account of the Tiber sewer and Slash i{un sewer, whicli would reduce 
it probably to 82,300,000. 



2030 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Thurman. Wlieu you include the four millious as the cost of the 
sewerage, yo*u include the street-sewers, do you not? 

Governor Shepherd. Yes, sir; of course. 

Mr. Thurman. But speaking about these main sewers, I have been 
under the impression that it was stated here that the sewer- certificates 
represent the whole estimated cost ! 

Governor Shepherd. ^N'o ; they rei)resent the amount to be assessed 
to the i)roperty-owuers only. 

Mr. Thurman. Then the estimated cost of these main sewers is more 
than two million dollars, is it "? 

Governor Shepherd. The estimated cost of the main sewerage, to 
complete it, is about three and a half million dollars. 

Mr. Thurman. I was under a misapprehension. 

Governor Shepherd. The street sewers go Avith the main sewers. 
You cannot dissever them. The street sewers drain into these main 
sewers, and in making up the account against the United States Gov- 
ernment the area of the avenue and streets and parks is charged to the 
United States Government, they owning them in fee-simple. 

Mr. Thurman. Are all of the old sewers, built before the present Dis- 
trict government went into existence, in this paper ! 

Governor Shepherd. No, sir ; they are already paid for, and the 
property-owners in these various sections got the benefit in the reduced 
tax, as you will see by reference to my testimony. I gave the value in 
each district, so that the private-property owner gets the benefit of the 
expenditure already made. It doesn't go into the bill against the United 
States. 

]\rr. Thurman. Go on with your testimony. 

The Witness. I am willing to let my explanation of that go to the 
committee. In reference to the Bladensburgh road, I took away the 
paper marked A, but I have returned it, and copied it. It is an exact 
copy of the one I read in my testimony, but it did not go into the testi- 
mony. I would like for it to go in. I think it is important. 

The Chairman. Let it be incorporated into the testimony. 

The Witness. It is as follows : 

a. — Bladenshurgh Boad. 
Cut No. 1. 

Total excavation 7 ' "^i® ^"^'° yards. 

Crowlev 3,175 

Vancleiiburgb's 3, 87;J Clay at GOc, haul !fi9.50 = 69.5 $2, 691 7:? 

Cemetery Hill. 

Total excavatiou 4, 366 

Crowley 2,780 

Vaudeuburgh 1, 586 

Haul 1,200 yards— 650=66.5 cts i?^98 00 

2.50 yards— 2700^87 217 50 

Cut 2, 136, no haul 8160. 

' $1,097 10 

Cuts 3 and 4.— Excavation 2,657 cubic yards, haul 1,000, 1,993 yards clay, 

at 70c =664 yards saud 600 at 46c 1.700 54 

Total excavation 5,433 yards clay, at 60c. 

Cut 5.— Crowley, 1,631; Vandeuburgh, 3,802; haul 2,302 yards, 350 feet, at 

635—1,500 yards 250, at 625 2, 399 27 

Cut 6.— Excavation 1,647, clay haul 500 = 65 ; Crowley, 549 ; Vaudeuburgh, 

2,196 1.^17 60 

Cut 7, excavation 1,U85, haul 800 feet clay, at 68 cents 'oi Hi 

Cut 8, excavation 581, haul 1,100 feet clay, at 71 cents - 412 51 

Cut 9, excavation .558 vards, clay haul, 1,175 cents S400 36 

639 vards sand, 1, 100 325 89 

' 726 25 

11,082 80 



TESTniONY OF WRIGHT RIVES. 2031 

Cut 111, excavatiou, 4 1(5 yards clay, haul 400 feot, at (34 cents $-26(3 24 

Cut 11, excavation, 409 yards clay, liaul :{00 feet, at G:5 cents #... 257 (37 

^ , ,.5 <, Excavation '277 yards clay, at (50 cents haul 

V.UI 1,. ^ j^.jjjj ^-)Q^^ yards. 850 feet;"77 yards, 200 feet 184 74 

Ditching, 1,689 yards, at 60 cents ". 



Total excavation, cubic yards, 19,708 12, 804 85 

Gravel : 
Allowing 1 cent for 200 feet haul, and 15 cents spread per square yard spread, 

10, 064, at S3.T9, 4,587 lianl 83,804 26 

22, 818, at ■•?5.78, 8, 557 13, 186 80 



32,882 square yards. 16,993 06 

Cubic yards. 

Excavating arch 1, east side, 40 X 5 X 4 29 

Excavat ing arch, right wall, 30 X 4 X 8 35.5 

Excavating arch 2, east side, 40 X 7 X 4 41.4 

Excavating arch 2, west sid(*, 40 X 5 X 4 29.6 

Ret. wall, 90 x 4 x 10 l:!l 

266.8 at 40 .§106 72 

Expense for hauling stoue, 711.64 cubic yards, at 60 426 98 

Taking down and rebuilding 50 cubic yards ret. wall, at .s4.50 225 00 



J. V. W. Vaxdexbukgii. Sloi'ING and sodding. 



6, 147 



December 12, 1872. Sodding, square yards, 4,051. 

Filling, sijuare yards, 3,046, at 40 ceuts. 

This measurement includes all work as far as 10 cut, between culvert 1 and 

2, from Boiuidary 1, 773.15 

January 13, sodding, 3.57. 

DecemlW 31, ailing, 1,092 2,112.97 

This measurement is from 10 culvert to pipe-cnlvert No. 4. the sodding is all at arch 
2, and the lilling between arch 2 and pipe-culvert 4. 

Jan. 2.5. 1873. 673 cubic yards, at $7 .s4, 714 30 

Pavement, 195 yards, at 70 cents 136 50 

Sewer-pipe, 117"^ feet (18-iuch) at .$1.62 189 54 

Bricks, 9,900 217 80 



5,258 34 



IIk.ni'.y Sciiueidku. Final .mkasiuicmknt. 

Cubic yards. 

Maieli 14, 1873. Arch-culvert No. 1 184. 7 

Arch-culvert No. 2 221.4 

Pavement at arch-culvert No. 2 19. 5 

Retaining-wall, arch-culvert No. 2 118. 5 

Retaining-wall, arch-culvert No. 1 50 

Pipe- culvert No. 1 4. 44 

Pipe-culvert No. 2 12 

I'ipe-culvert No. 3 ;{6 

I'i pe-culvert No. 4 39. 3 

Pipe-culvert No. 5 25. 8 



711.64 at .s7, s4,981 4-* 

9,900 bricks, at .$22 217 80 

117 feet 18-inch sewer-pipe, at si. 62 189 54 

For 1> c. feet, or 60 ceuts per yard 1 , i:!2 2i i 

1,0(55 gravel should not bo credited to him as hard surface excavation, be- 
cause it was taken from surface of road where! lilling was required, but 

might bo allowed a price efiual to the worth of gravel in the l)ank 213 oO 

(iraveling 3,131 s(iuare yards, at 14 cents 138 31 

Masonry, 1,035 cubic yards, at 70 724 52 

Sewer-pipe, furiiisheel and laid, §1.62 126 36 

Gutters on ea.st «ide of road, 707 cubic yards, at 29 coats 205 Oo 

Allowed .July 1,1872 ;,, >7I 37 



2032 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Henry Schkeidkk. Contkact, Sei^t. 

September i:?.— Masonry, at !?/ per cubic yard, 152 cubic yards 81, 004 OO 

Brick, #2 per M 132 60 

1, 196 60 

October 5.— JIasoury. 428.33 cubic yards 82, 998 66 

Brick, 9,900 217 80 

3.216 46 

December 6. — Masourv, 621 cubic yards, at 87 84, 347 00 

Paving,'l9.5 136 50 

Sewer-pipe 18-inch, li^l.52 177 84 

Bricks, 9,900, 8-22,00 per M 217 80 

4,877 14 
Crowley. 

Dec. 1672. Grading 10, 455 cubic yards, at 29 §3, 031 95 

Gravel taken from surface, 2,952. Of tins 1,887 yards was taken from surface of ex- 
cavation, for which he shoukl be allowed 40 cents per yard of 2 feet depth, which is 40 
cents. 

By Mr. Wilson : 

Q. Is that all you have ? — A. That is all I have written out. 
By Mr. Stanton : 

Q. I should like to inquire at whose request this statement was pre- 
pared. — A. I have beeu working on this ever since the first day the 
board was created. I had some of it when I was up here the last time ; 
l)retty nearly all ot it was in a rough state. 

Q. At whose request was it put into its present shape '?— A. I deter- 
mined to do it myself. I had no idea of coming before the committee 
when I started with this thing. 

Mr. Christy. He had the memoranda at home, and the committee 
requested that he should produce them. They did so long since. 

The Chairman. I presume, Mr. Mattingly, that you desire to wait 
until the statement presented by the witness is printed, before you pro- 
ceed with your cross-examination. 

Governor Shepherd. We should like to have all of Mr. Kives's state- 
ment before we are called upon to answer or reply to what is stated. 
If we find there are errors, we will cheerfully acknowledge them ; other- 
wise we want to answer them. 

The Chairman. Do you propose, Mr. Eives, to bring in anything 
further ^ 

The Witness. I do not propose to write out any more, but I have a 
good many here in a rough state. 

Governor Shepherd. Then we will answer what is presented, under- 
standing that this is all. 

The Witness. But before I leave the stand, I wish to say one thing. 
Gpvernor Shepherd, in his former testimony, on page 183(3, says : " I 
was importuned by Colonel Eives, and a great many persons living on 
the line of the road, in regard to the condition," &c. I do not like that 
word "importuned." 

Governor Shepherd. I will change it to suit you ; I will say that 
you "bothered" me a good deal about it. 

The Witness. You stick to that — all right. 

The Chairman. I do not think that is material. 

Governor Shepherd. Any word you see proper to select that will 
express the meaning I will cheerfully use, Mr. Eives. 



TESTIMONY OF WRIGHT RIVES. 2033 

The Chairman. You testified you went to Goveruor Sbeplienl and 
asked bini. 

The Witness. I went to hiin once; that is not "importuning." 

Mr. Stanton. ^VIlat word will you sti,^-,<>est '. 

The Witness. He nii<>lit say, I wrote him a letter asking him to do it. 

Governor SiiEPnERD. The truth is, you bothered me every day for 
three or four weeks about it. 

The Witness. That is what I never did — importune you. 

By Mr. Stanton : 

Q. You refer to an examination of several cases where you say the 
cost of the sewer was less than the amount charged to the Government ; 
does it escape your observation that there were many cases in which 
the cost of the sewer was in excess of the amount charged to the 
Government; and did you examine any such cases ? — A. I think there 
is one case on Missouri avenue. 

(}. You made no computation, however, in respect to those cases in 
which the cost of the sewer was in excess of the amount charged to the 
Government? — A. Xo ; I took the sewer table. 

Q. And made this computation one of those cases where the cost was 
less ? — A. O, no ; only where I found full sewer tables. 

Q. Did you find in the sewer-tables no case in whicli the cost of the 
sewer was in excess of the amount charged to the Government ? — A. 
No, sir. I do not think I ever saw one but in ^Missouri avenue, bctweeu 
Third and Sixth streets. I think in that sewer the Government under- 
l)aid, and I think that is the only case I came across. 

Q. You do not mean to say, however, that that was the only case of 
that kind? — A. That is the only case I found. 

Q. The only case that you noticed ? — A. Yes, sir. 

By Governor Shepherd : 

Q. You examined Oertly's statement where he made up the amount 
expended on the sewers ? — A. Yes, sir. 

Q. \)o you find those to be the proper expenditures ; have you ex- 
amined the part of the United States ? — A. i^To; I just took Instable and 
struck out the main sewers. 

By Mr. Stanton : 

Q. This comparison which you have made here today, in many cases 
relates to mere charges against the Government, and not to amounts 
actually paid by the Government, does it not ? — A. Those amounts are 
l)aid. 

Q. Did you not refer to some cases — in some is there not a mere 
charge against the Government for work not yet paid for ? — A. I do 
not tliink so; I think it is all [)ai(l for; all that is in the Governor's An- 
swer has been paid for — that is the wa3' I understaiul it. I took those 
amounts which I find in the Governor's Answer as the amounts paid by 
the United States. 

By the Chairman : 
Q. I think the governor handed us a table which purports to be a 
statement of the total amount paid by the (irovenimcut for sewers, and 
also the total amount paid by the board of j^ublic works for the same 
sewers; have you examined that table ; — A. Yes, sir; it is in Mr. Oert- 
ly's testimony. 

Q. And you find that that table isincjorrect ? — 4" ^ ^^.V that, to make 
the table correct, you should strike out the main sewers on both sides. 
1128 D c T 



2034 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. I want to see if I nuderstaiid what that table is. I understood 
the board of public works to present to us a table showing the actual 
cost of certain sewers; that is, the actual money paid by the board. 
Then they say that the Government of the United States paid a thou- 
sand dollars less on the whole than was paid by the board. Is that true 
or not true, or have you examined so as to ascertain ? — A. I am not iu 
a position to examine, because I had not the vouchers. I would have 
to have the original vouchers, and examine them, to see whether the 
amount is correct ; but I took their amount as correct, and struck out, 
as it should be done properly, the main sewerage on both sides, and 
then you get what the United States paid, $100,411.62 in excess of 
the cost to the board of public works. 

Q. But if you do not strike out the main sewerage, then I understand 
the table to be substantially correct? — A. Yes, I suppose so. 

By Mr. Stanton : 

Q. Then, what is the reason why the Government should not be 
charged for its proportion? Why do you strike it out as a charge 
against the Government? — A. Well, Oertly, in this table, wanted to 
establish that $4.70 rate. That is the way I understand it. 

Governor Shepherd. No, you are wrong ; Mr. Oertly says that that 
was his average. He made it up. It had nothing to do with this state- 
ment. This statement was intended to demonstrate that, instead of the 
board taking advantage of the Government, it had actually paid out 
more on these sewers than it had received from the Government. It 
was not intended to apply to the average. 

By Mr. Stanton : 
Q. I understand you to concede that the Government ought prop- 
erly to be charged with its proportion of the main sewers, and then 
if you make out a comparison of what the Government has paid for 
sewers, and what the Government ought to pay for sewers, the main 
sewer should be included in such a comparison, ought it not ? Take the 
whole sewerage-system of the District and compare what the Govern- 
ment has paid with what it ought to pay ; you would include a proper 
charge for main sewers, would you not? — A. Yes, sir; but I would 
make it entirely different from those tables. 

M. G. Emery sworn and examined. 
By Mr. Wilson : 

Question. W^ere you formerly mayor of this city? — Answer. I was. 

Q. What is your business?— A. 1 have been a contractor and stone- 
cutter most of my life. Carried on the stone-cutting thirty years iu this 
city. 

Q. Do you know the prices of iiagging for the last two or three years? 
I mean this North Eiver flagging such as has been laid down about 
the city by the board of public works and about Government property. — 
A. I have been dealing iu it for thirty years. I have a general idea of 
the i)rices. 

Q. Have you any price-list? — A. I have a list with me. I was noti- 
fied by the gentleman who summoned me to bring the price-list. I 
went to the oflice to get it, and they had been loaned. I was told 
that the past vear's price-list had been loaned by somebody. I found a 
list for 1871 and 1ST2. 

Q. What are the prices for that kind of flagging which has been 
used ? — A. The price, do you mean, delivered in Washington ? 



TESTIMONY OF M G. EMERY. 2035 

Q. Yes, sir. — A. It varies from 17 to 24 ceuts, perhaps. 

Q. That is, delivered in this city? — A. Yes, sir ; twoiuches and over ; 
that is, two or three inches tliick. 

Q. Is that the same kind of flagging as they have been usiug here ? — 
A. Yes, sir. 

Q. What is it worth to furnish the necessary material and lay it down 
and joint it as it is now done per square foot? — A. It costs about ten 
cents ; we estimate it at about ten cents. 

Q. AA'hat would be a reasonable price for furnishing that kind of 
flagging and putting it down — furnishing all the necessary material? — 
A. For a flagging three feet, four feet, five feet, and six feet courses — 
it comes in courses in that way — the natural face edged, jointed, and 
laid, sand and cement, would cost about 44: cents. 

By Mr. Stanton : 

Q. I understand the question to be a reasonable price for it. 
By Mr. Wilson : 

Q. You have given the cost price of furnishing it and putting it 
down? — A. Yes, sir; 65 cents is what we would charge if asked our 
price. . 

Q. There is another class of flagging that is used here, that is sawed, 
or dressed, or axed oft', I don't know what term you apply to it ; what is 
that class of flaggiug worth — what is the reasonable price for furnishing 
that and putting it down ? — A. It would cost about 15 cents extra. 

Q. Fifteen cents in addition to the others ? — A. Yes, sir. 

Q. That would make it about 80 cents ? — A. For the cost, I mean 15 
and 44. 

Q. What would be a reasonable price ? — A. Twenty-five or thirty' per 
cent, put on to the cost is the usual charge over and above the cost of 
those things. 

Q. Have you noticed the testimony that has been taken before the 
committee from day to day ? — A. I have, pretty generally. 

Q. There were some bills read here by the governor, 1 believe, in his 
testimony, for work that had been done by you around Government 
property. Did you notice those ? — A. The Fourteenth-street circle was 
mentioned in i)articular. I furnished there four-inch sawed Seneca 
flagging, for whicli I paid 75 cents to the Seneca Stone Company. I 
jointed it and laid it, com])lete, for which I charged !§L25. It will cost 
throe times as much to joint four-inch Seneca flagging, and keep the 
edges square, as it will to joint ordinary bluestone. 

Q. That nuikes the difference between the two? — A. The cost is more 
than three times as much for the stone. 

Q. I think there was, perhaps, another bill of yours that was read by 
the governor? — A. I notice one spoken of for flagging furnished in front 
of the War and Navy Offices, I think. That was to be large flagging 
furnished — about four feet, perhaps, and five and six feet courses; none 
less than three inches thick. The work was done soon after the war, 
l)erhaps in 1867, when gold was about 150, I think. We got 84 or 
85 cents a foot for it, I have forgotten which. AVe got a very good price 
for it, the best price I ever got for anything Irom the Government. 

Q. You did not consider that below what it was worth .' — A. It cost 
me about 50 cents. 

Q. You furnished all the material in that case, did you ? I think 
there was, periiaps, another bill of yours that was read by the governor? 
— A. Yes, sir; sand, &c. We include in that the raising of the curb- 



2036 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Stone and filling up. We raised it about eigbt inches, I think, at Seven- 
teenth street corner. We raised the curb, and filled it up, and put 
sand in, and finished the whole thing. 

Q. We have had considerable testimony heretofore in regard to the 
condition of tlie school-fund at the close of your administration, I be- 
lieve it was. Do you recollect how that was? — A. Not any further than 
this. I paid the school-teachers all exce])t the last month. I left the 
office on the 31st of May. 1 made out the bill and gave the check for 
that, I think ; but that check was not paid ; it was turned over. I paid 
them to the 1st day of May. I collected money and deposited it in the 
bank. If every check that I gave had been paid — I did not check out 
the money I put in the bank during my year; the books will show that. 

Q. Let me see if I understand you. The school-teachers had been 
paid to the 1st of May, and when you left the office on the 31st you 
gave a check"? — A. Yes, sir; to pay them for that month. 

Q. Was the money there to pay them with ? — A. I had put it in the 
bank ; but the bank refused to pay my checks. 

Q. Had you put the money in the bank ? — A. I had. 

Q. Why did the bank refuse to pay "? — A. 1 had better, perhaps, ex- 
plain it in a few words. When I went into office the bank-account was 
overdrawn some $202,000, 1 think, by the report. There was no money, 
of course. The corporation and Congress both authorized the issuing 
of certificates bearing 7^^ per cent, interest to pay up the old indebted- 
ness as it was called — the Bowen indebtedness. Those certificates were 
issued and deposited as money in the First National Bank. It was 
understood particularly with Mr. Huntington and Mr. Cooke, that if I 
would deposit those certificates they would take them for their indebted- 
ness the same as other parties took them ; and they were deposited with 
them, and hiid along without squaring the bank-account, perhaps. Af-. 
ter it was ascertained that the old corporation was to be superseded by 
the new they refused to credit those certificates on the account, and 
refused to pay my checks, and consequently there were a number of 
checks laid over, perhaps a hundred or two hundred thousand dollars. 
I do not know the amount ; but it was a hundred thousand dollars, i^er- 
haps, that was refused to be paid by the bank. Thej^ did not take 
those certificates, but refused to take them. How they fixed it up 
afterward, I do not know. That was the ground, however. They held 
the money because of the overdraft when 1 went into office. 

Q. What books would it be necessary for us to have in order to get 
at the exact status of that school fund ? — A. I suppose the bank-books 
will show exactly. Do you mean the corporation-books ? 

Q. Yes ; what corporation-books would show the exact status of that 
school fund at that time ? — A. The reports made at the end of the year, 
as published, will show ; the report of the comptroller, perhaps. 

Q. What reports are they? — A. Every yearly report. I think Mr. 
Baker made a report. Yes, Mr. Baker made a report to the legislature, 
and Mr. Wilson's report of the school-fund shows how they were paid ; 
that shows the number of months that I paid the teachers. They were 
five months in arrears when I went into office, I think unpaid. I paid 
that off partly with those certificates — perhaps two months of it with 
these 7-j^o certificates, and the other part with cash ; that is, of these five 
months that were in arrears, and then I paid them along regularly ; per- 
haps once we paid two months at one time. The school-teachers were 
all paid for the year up to the 1st day of May. The check that I gave 
on the last day of May was passed over into the hands of the new school 
treasurer from the old one. They changed the treasurers. I see it is 



TESTIMONY OF M. G. EMERY. 2037 

reported as carried over. But as to the cash-account for the ohl cor- 
l)oratioii, Mr. Baker made a re^jort showing all the account to the legis- 
lature, soon after the new government came in, by resolution passed by 
the legislature. 

Q. How those checks were paid you are not able to state ? — A. 1:^0, sir. 

Q. Do you remember the amount ? — A. Do you mean the amount of 
the checks issued ? 

Q. Yes, sir. — A. I do not know ; some 88,000 for the white schools 
for the mouth ; between 88,000 and 89,000. 

By Mr. Stanton : 

Q. Then I understand you to say that when you became mayor the 
salaries of the teachers were five months in arrears, and, besides that, 
the account of the corporation at the bank — at the designated deposi- 
tary — was vert much overdrawn. Am I right? — xV. Yes, sir. 

Q. And of that five months two months were paid only in certificates 
authorized to be issued, and the other three mouths in cash ? — A. It is 
reported in the school-board how it is paid. 

Q. I am asking you now what your remembrance is. — A. That is my 
remembrance, sir ; Mr. Wilson's report shows how it was paid. 

Q. Then, if the money which you deposited to the credit of the corpo- 
ration was properly credited up against the overdraft of the corporation, 
there was no money to meet the checks which you last drew to pay the 
teachers, was there? — A. When I went in the overdraft existed. Mr. 
Cooke and Mr. Huntington assisted me in getting the law passed to get 
those 7.3 certificates, in order that they might be paid — that they could 
get their overdraft in that way, and proposed to take them as others 
proposed to take them for the indebtedness. But their excuse for not 
paying my checks at the latter part of the year was because of the over- 
draft. 

Q. The overdraft then did exist, did it not? — A. It did when I went 
into ofiice. 

Q. xind if the money which you deposited to the credit of the appro- 
priation was ])roperly applicable to that overdraft, then there was no 
money to meet the last checks which you drew to pay the teachers ! — 
A. That was so, but 1 did not consider that it was applicable. 

Q. That was your opinion, and the officers of the bank and of the 
depository thought differently, did they not ? — A. They only violated 
their agreement. 

Q. Did they not maintain that they had a right to deposit your money 
against the overdraft? — A. To apply the money; yes, they did, at the 
last. 

Q. This price-list which you furnish, does that relate to assorted sizes 
of flagging ?— A. Three feet, 3 feet C, 4 feet, 4 feet 6, 5 feet, 5 feet 6, 
and feet stone. 

Q. Then it is in these sizes coming assorted. Now, in considering 
the cost as stated in this price-list, are you not to consider also the 
breakage ? — A. Yes, sir; I consider that in the price in the cost of the 
pavement. 

Q. The percentage covers that! — A. Yes, sir. 

Q. That percentage covers not only a reasonable profit, but also the 
loss which actually accrues by reason of breakage f — A. Yes, sir. 

Q. For tiiat purpose you ])ut on a jiercentage of some liO or 30 per 
cent.? — A. No, sir; that is the profit of woik. 

Q. That is the ordinary profit in addition to the breakage ;' — A. In 
addition to the cost. 1 made up a statement of the whole cost of a piece 



2038 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

of work so much a foot, tlieu we would usually charge 25 or 30 per cent., 
I stated, as a profit. 

Q. Well, does uot that cover breakage as well as profit? — A.. !N"o, sir. 
I will give you the items as I made them up, if you wish them. The 
stoue, delivered here in Washington, would cost 27 cimts — that is, such 
stone as has been used here on an average ', the cutting and laying, 10 
cents; sand and cement, 4 cents; breakage, 3 cents a foot, average — 
that is, as near as you can get it ; that makes 44 cents. Xovv, for that 
work I should charge at least G5 cents a foot, if you were to ask me to 
do it. 

Q. Have you ever done any work about the public grounds here at 
that price of 65 cents'? — A. I have never been paid for ordinary flagging 
over 65 cents, except in the one case that I have mentioned, to my 
knowledge. , 

Q. Where was that ? — A. The one I have already spoken of, in front 
of the War and Navy Offices. 

Q. That was in 1867 f — A. Yes, sir; that was three-inch flagging, 
however. I did the flagging here in front of this building — these 
circles ; but it is four-inch flagging, with a perfect face cut upon it. I 
do not know the price I got; perhaps 80 or 90 cents ; but it is an en- 
tirely different thing, and costs double the other, work and trouble. I 
have paid 20 cents a foot for cutting and facing and furnishing tools. 

Q. Have you ever received from the Government only sixty-five cents 
for the work for which you indicated that as a reasonable price f — A. I 
do not know of any except, as I say — except the cases that I stated. 

Q. Can you mention any case in which you received sixty-five cents ? 
— A. I suppose my books will show fifty places. 

Q. For the Government ? — A. No, sir. 

Q. I ask you whether you can mention any case in which you have 
charged the Government that price. — A. I have not done much for the 
Government. I did the flagging around this building when it was fin- 
ished, and some since — the wings; but it was an entirely different qual- 
ity of stone from all that I spoke of at this price which I have given 
you here. 

Q. JHave you ever done any of that kind, that 65 cents for work 
for the Government ? — A. No, sir ; but it is ordinary flagging put down 
without facing, two or three inches thick. 

Q. Nor for the corporation ? — A. I do not know whether I have done 
it for the corporation or not. I have furnished bridge stone for the 
corporation, four inches thick, a great deal of it, which is a different 
thing, and costs more. 

By Governor Shepherd : 

Q. In the price you name, G5 cents, you do not include any parking- 
do you ! — A. No, sir. 

Q. If you did 19 feet parking, what would that amount to, added on 
to the 65 cents f — A. I never did any in my life, and I cannot give you 
any idea. 

Q. Would it not be worth 90 cents to do that 19 feet of parking and 
grading and setting the flagging ? — A. It is specified here ; the prices 
are given in the testimony, and vary from 25 to 50 cents a yard. 

Governor Shepherd. 25 cents was the first price; then, upon the rec- 
ommendation of the parking commissioners, it was advanced to 50 cents. 

The Witness. That would be about six cents a foot, nine feet to the 
yard. It would be five or six cents a foot, if that is all that parking 
is worth — 50 cents a yard. It would add that much to it. 



TESTIMONY OF M. G EMERY. 2039 

By the Chairman: 

Q. Have you seen the flaggiiio; that is put down on B street north, on 
the line of the oUI canal ? — A. Yes, sir. 

Q. Have you looked it over carefully? — A. I have. 

Q. What is the size of that tla-iginq: ? 

The Witness. Do you mean along- the front of the garden? 

The Chairman. Yes, sir. — A. It is the ordinary 5-foot flagging, I 
think. 

Q. How thick is it ' — A. From two to three inches. 

Q. Is it cut in squares ? — A. It varies in width from about two feet to 
four feet. 

Q. What is that flagging worth, in your judgment ? — A. That is the 
kind I speak of here. 

Q. You would put that down at 05 cents, would you ? — A. I could, 
sir, and 1 would. 

Q. Do you consider that a fair i^rice for it ? — A. I do. 

By Mr. Stanton : 

Q. Have you seen the flagging around the P-street circle ? — A. I 
have. 

Q. Is that the quarry-faced flagging? — A. !No, sir. 

Q. That, then, is dressed? — A. It is dressed; it is worth 15 to 20 
cents a foot more than the other. 

Q. Then that work is, I suppose, ahout the same quality, for instance, 
as that you speak of ? — A. No, sir ; nothing like it. 

Q. What is the diflerence ? — A. One is dressed square and taken out 
of wind, and the other is just axed over, to smooth them — to make 
them decent and smooth. 

By Governor Shepherd : 

Q. What did I understand you to say the net cost of that flagging 
was, delivered here — such flagging as the board of public works put 
down ? — A. I say that the ordinary flagging, such as was laid down in 
front of the garden, Conservatory Square, was worth about 05 cents a 
foot. 

Q. That is, without parking ? — A. Yes, sir. 

(}. Now, what would 10 feet of parking be worth in addition to that, 
at 50 cents a yard ? — A. Twelve or fourteen cents, I should suppose. 
That is the rate at 50 cents a yard. 

Q. That would make your price about 80 cents ? 

By Mr. Stanton : 

Q. And then you would add 15 or 20 in the case of stone like that 
laid arouiul the P-street circle ? — A. About 15 cents is what I paid for 
cutting it and facing. 

Q. Would you not add something for j^rofit ? — A. I might. 

Q. Would you or not ? AVould you merely charge for what it cost ? — 
A. I should think that at 75 or 80 cents would be a fair price. Some 
of the stone are very line indeed, and some of them are ordinary llag- 
giug. 

(}. If you added 15 cents I'oi- the dressing of them, that wotdd make 
•SO cents, would it not, without any i)rolit for the extra cost of dress- 
ing ? — A. Yes, sir. 

Governor Shepherd. I see here, May 31, ISGG, you were paid as fol- 
lows : 



2040 AFFAIRS IN THE DISTKICT OF COLUMBIA. 

B. B. French, Commissioner of rublic Buildings, to M. G. Emery, Dr. 

May 31, 1866. For 3,000 feet superficial, of extra thick select flagging, cut and 
laid in cement on Seventeenth street, in front of Navy and War Offices, at §1 
per foot 83,000 

J. W. ANGUS, 
General Superintendent. 

June 14, 1806. Received from B. B. French, Commissioner of Public Buildings, the 
above amount of three thousand dollars, in full of the above account. 

M. G. EMERY. 

I suppose tb at is correct? — A. I have no recollection of it. 

Q. Now, what class of work was that — was not that similar to the 
work tliat Las been done here on B, and Twelfth, and Fourteenth 
streets 1 — A. This is not extra thick. 

Q. Now, is not that flagging the same as that laid on Twelfth and 
Fourteenth streets'? We took that up in front of the War aud Navy 
Departments, and refitted, and therefore I speak understandiiigly. Is 
not that the same as is laid on Twelfth and Fourteenth streets ? — A. I 

do not think I got a dollar a foot for any of that. 

« 

By Mr. Stanton : 

Q. Is it the same flagging or not ? — A. I think my contract was 84 or 
85 cents. 

Q. Is it the same flagging or not! — A. It is the same quality of stone 
Do you mean from the same quarries ? 

Q. I mean is it the same quality of flagging as that on Twelfth aud 
Fourteenth streets? — A. If it is 4-inch, it would cost double what it 
would cost to furnish 2-inch. 

Goveruor SHBriiEED. It is the same quality of flagging as the Other. 

The Witness. [Referring to books.] That was done a year or two 
before this job which you speak of, which you referred to the other 
day, for the Commissioner of Public Buildings. He had a little place, 
3,000 feet, laid down in front of the building. I recollect it now ; it was 
all very fine large stone, and extra thick. I think he required them to 
be four inches thick, but whether they all held up to that, or not, I am 
not sure. I charged him a dollar a foot. It is the same stone. 

Governor Shepherd. It is the same stone, because we relaid it wheu 
we regraded the street. I was there and saw the stone. 

The Witness. Yes, it was from the same quarry, I guess, sir. I think 
there were none of them less than six feet. I took up the old pavement, 
aud carried it away. We raised the pavement theu at the time in front 
of the door, and the sand, cement, &c., were included in the dollar a foot 
for these extra flags. 

Q. Do you recall how the prices of 1SG7 compared with those of 1871 
aud 1872? — A. There was not very much difl:erence. 

By Goveruor Shepherd : 
Q. About the same, were they not ? — A. Very nearly. 

By Mr. Stanton : 
Q. They were very nearly the same ? — A. Yes, sir. 

William H. Clagett recalled. 

Mr. Christy. The fact became important as to the manner in which 
the sewer-bill passed by the legislative assembly was returned to that 
assembly, and I desire to call Mr. Clagett on that point. 

The Witness. I have stated in my evidence that the sewer-law never 
passed, aud there is a lie upon the record between me and William A. 



TESTIMONY OF J. A. MAGRUDER. 2041 

Cook; one of US lias lied. I stated that Governor Cooke had sioued 
the bill. William A. Cook stated that he did not. I have been fortu- 
nate enough to get the leaf that was extracted from that bill. It i)roved 
that my statement was correct. It is here sir, [producing it,] as follows : 

of said sewers. 

Sec. 10. And be it further enacted, That iu view of the emergency arising from the 
necessity of an immediate and thorough sewerage iu the cities of Washington and 
Georgetown, and for the prompt payment of the work necessary in the construction 
thereof, this act shall take effect iumiediately upou its api)roval by the governor. 

PETER CAMPJiELL, 
Sr>caKer of the House of Delegates. 
WILLIAM STICivNEY, 

I'resident of the Council. 

Approved, June 25. 1S73. 

IT. D. COOKE r 
, Governor. 

By Mr. Stewart : 

Q. You think there is no doubt that one or the other lied about it? — 
A. Yes, sir ; and I want to clear my record. I have some children 
coming up, and when they read this thing I want them to know the 
truth. 

Q. Does it not occur to you that it might prejudice Mr. Cook's 
record '? — A. Well, 1 do not care about Mr. Cook. 1 state the facts ; 
and he says it was not so. 

By the Chairman : 

Q. It might be well for you to state how you got that leaf. — A. The 

former clerk of the house — after I gave my evidence, I requested him to 

look among the waste papers there, and he found it among the old 

I)apers in the house of delegates. It did not come out of any iron safe 

J. A. Magriider recalled. 
By Mr. Bass : 

Q. There were some (piestions asked the other day about the way in 
which this account is made up, contained in the report of the board of 
imblic works, purporting to contain a list of the items of receii)ts and 
expenditures by you as treasurer. I understood you to say that items, 
represented by checks upon these check-books, would be found in this 
account; as, for instance, in cases where you ha<l paid bills and had 
drawn a check for the purpose of making such payment — that that item 
should be Ibuiid in this account in all cases ? — A. Yes, sir. 

Q. Looking through this 1 have found a few discrepancies, and I 
wish to call your attention to a few cases. I find, July 12, 187."), a check 
for 800,350.20, payable to George F. Baker, as cashier, and I do not find 
any corresponding item in the list of vouchers. Where is that en- 
tered ? — A. It may not have been entered for some time afterward. I 
can't tell you anything about it.* If you will look at these certilicates — 
you will (ind them among mv vouchers; and you will lind them charged 
'in here. Certilicates 1707, 1700, 181KJ, and 180-1. 

(}. The only check that you had, or the only check that the board of 
public, woiks had with regard to the a('curacy of your account is simply 
that depending u])on a com[)aris(»n betwc^en this check-book and a com- 
jiarison of your account as it appears n])on the ledger, and of which 
this is a coi»y ? — A. No, sir; the board of pui)lic. works have me charged 
with all my money ; then I come and show my vouchers. 

Q. Well, that is assumption. The oidy way in which there is any evi- 



2042 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

dence of the fact is by comparing the list of expenditures aud see if tlie 
vouchers balance. — A. Exactly ; there are the vouchers. 

Q. See if you cau find that item of $60,000. — A. I can find those 
items ; they are here somewhere. 

Q. You will find that there is no such charge in the month of July. — 
A. Well, sir, it may not be in the month of July, because sometimes 
those things were kept for sometime in the safe before they were charged 
up ; but I can find those vouchers. 

Q. There is the account for July, 1873. ]S"ow, there seems to have 
been, July 2, 1873, $60,350 paid ; there is no such entry, or any such 
accumulation of entries that mouth ? — A. Xo, sir. 

Q. Then look at July 15th, on this check-book, another check of 
875,000.— A. That is for certificates 2118, 2129, 30, 32, 3, 30. 

Q. Where is the charge made in that account? — A. I can bring you 
the certificates. 

Q. Did you keep your account in such a way that, in order to verify 
the accuracy of your book, you have got to go to your vouchers upon 
every occasion ! — A. No, sir ; because there is the account. The books 
are verified. Here are the receipts, right here. There are all the re- 
ceipts. [Indicating.] Here are all my expenses. 

Q. I^ow, I also find on July 15 another check of $30,335. There is 
no such entry as that in the book? — A. Yes, sir; for certificates 2123, 
31, 26, 22. There is the amount of them, [indicating.] They happened 
to be put right down there. Those certificates are ail charged in here 
in my account. 

By Mr. Wilson : 
Q. I would like to know how we know that. — A. I can get the cer- 
tificates and show them in here. 

By Mr. BASS : 

Q. Also July 15 another check is drawn, $10,903 ? — A. Certificates 
2124, 2125, 2127 ; I will bring you all those certificates. 

Q. Now, the point is this; you were drawing checks upon the bank. 
In these two or three days you drew out about $150,000 in cash, and 
yet you say you were accustomed to take vouchers for all these pay- 
ments ? — A. Every one of them. 

Q. And charged yourself up with those vouchers ? — A. Certainly. 

Q. Why is it, then, that it does not appear here in your account un- 
der the proper dates that you did draw so much cash and pay it out ? — 
A. It does appear in here. 

Q. How do we know it does 1 — A. I know it does ; I can show it to 
you. 

Q. That is what I asked. — A. Very well ; if you can give me these 
numbers I can do it. 

Q. I only took these items at random. Here is another check-book, 
February 7, 1873, where there is no certificate paid, but L, S. Filbert 
was paid $50,000. Where do you find that in your account ? — A. That 
is for a lot of certificates. 

Q. I know, but the check-book does not show it. — A. No ; but the 
vouchers here show it. 

Q. Well, let us see if they do. [The witness here examined the books.] 
Now, this is dated February 7, 1873; if you are paying out such items 
as $50,000, your voucher would probably be entered somewhere near 
the date of your payment! You have now run down to March. You 
will find also at about that same date, so that you cau look for the two 
together, February 15, that you drew another check for $65,000. — A. I 



TESTIMONY OF J. A. MAGRUDER. 2043 

have licre a check dated February 15, 1873, for 865,000, which purports 
to be drawn to the Freedmau's Saving's Bank. 

Q. Witliiu a week there were 8115,000 of checks? — A. Yes, sir; to 
take up a whole lot of these certificates of diflerent people that they 
held. That is what it was drawu for. I cannot tell what they are. 
They are all in here, [indicating the book.] The simple thing is this, 
that in keeping the account everything I have received I have charged 
here. 

Q. I understood you to say, a few moments ago, if yon drew a check, 
and drew so uiucli cash out of tlie bank on a given day, that you 
charged yourself with it on the books of your board? — A. O, no; I did 
not charge myself with the money ; of course not; the money is already 
charged. I am not going to charge nnself with it twice, because the 
money is already charged ; but then 1 credit myself Avith whatever I 
pay with that money, and it is all credited in here. 

Q. That is what you say? — A. Well, I can find for you all these 
vouchers that are named here without an}- trouble. 

By the Chairman : 

Q. Well, those that are not named; how will you get at them ? — A. 

The account shows that — my account. It shows that I paid that much 
money out for certificates. 

By Mr. BASS : 

Q. Where does it show it ? — A. Eight in the account. 

Q. Put your finger on the spot that shows it. — A. I cannot put my 
finger on the spot that shows exactly the amount. 

Q. How can we tell, then ? — A. You can ask for these vouchers, all 
of them. 

Tlie Chairman. Yes ; but there are two cases where no specific 
vouchers can l)e asked for. — A. No there ain't ; the charges are all in 
this book, of money that I have received. ISTow, I have credited myself 
with payments. The payments balance the charges. Now, the question 
is, have I got the vouchers to show for these papers; that is the point, 
and the only point, in the whole case. 

By Mr. Bass : 

Q. Xot at all. Here are a lot of loose check-books, which you are 
accustomed to keep, indicating that on given days you drew out of 
the bank large or given sums of money, and that you disbursed that 
money. Now, ought not your cash account that you kept in your office 
indicate the day that you paid out the money, the pur[)Ose for which 
you i)aid it, and the party to whom it was paid ? — A. There is the cash 
account right there. 

Q. Very well. Then I say it appears by your check-book that you 
paid February 7, 1873, 850,000 ? — A. Yes, sir. 

Q. That you drew a check, and that you went to the bank, and that 
money was in all human probability paid — to whom did you pay that 
,so()^0()0?_A. To that bank, for the certificates that they held.'^ It is 
marked so — to the Freedman's Bank. 

Q. That check runs to L. 8. Filbert ? — A. iTes; that was paid him for 
certificates that he held. 

Q. Very well ; where is the corresponding entry on your book to indi- 
cate that it was paid to L. 8. Filbert? — A. I have the ccrtilicates down 
at tlie office, and can bring them up here. If you will give me that 
memoranduiM, I will bring you all these certificates. 

Q. These are only sample items. There are a great many such; but 



2044 AFFAIRS IN THE DISTRICT UF COLUMBIA, 

of course we cannot go through all these books to see if you have the 
vouchers. — A. No; but you can go through those that you have indi- 
cated. 

Q. The committee supposed that the books would have been kept in 
such a way that it would have been proper for you to have charged on 
that day that item. — A. Very often when I had large amounts of money 
I went right on paying for a week, right straight ahead, without charg- 
ing a voucher, and i^ut the vouchers in the safe; canceled them and 
put tbem right in the safe. 

Q. Take your account there in the month of July, 1873. On July 12th 
you drew a check of $60,356.20 in favor of George F. Baker, cashier. 
Now, if you will turn to your July account, you will find that you have 
not entered up after that date in the aggregate any such sum of money. 
— A. No ; but I will bring you those vouchers. 

By Mr. Stewart : 

Q. How do you say you did ^ In the first place you issued certificates 
for indebtedness ? — A. Yes, sir ; they were issued and out ; somebody 
held them. 

Q. Then you drew money- at the bank either in favor of the bank or 
in favor of the party holding the certificates "? — A. Yes, sir. 

Q. And paid it out and took these certificates ? — A. 1 gave the check 
to the party Avho held the certificates. 

Q. Took the certificates and put them in your safe, and then charged 
them up subsequently ? — A. Yes, sir. 

Q. Is that the mode of doing it ? — A. That is the mode of doing it 
exactly. 

By Mr. Bass : 

Q, Now are these figures [indicating certificates] made with the same 
ink, and made at the same time with the other part of that entry ? — A. 
No ; because when he sent me the certificates, I put in George F. Baker, 
cashier. 

Q. You afterward put those in ? — A. Yes, sir ; I put iu the number 
of the certificates. 

Q. Did you know the number of the check ? — A. Yes, sir ; he wrote 
me that he held so many certificates and that he would send them as 
soon as he got the check. I think those certificates are probably indorsed 
as paid at a certain time. 

Q. Were you accustomed to draw out sums of money yourself to a 
large amount and disburse it and then render an annual or semi-annual 
voucher for it 1 — A. No, sir. 

Q. I saw down there upon one occasion, when Judge Wilson and I 
were at your ofhce, one voucher of some eighty-odd thousand dollars, if 
I recollect right, running through a period of sis months, of money dis- 
bursed by you? — A. O, yes; that was for pay-rolls. I paid them. I 
did not get my credit until I got the certificates for that from the audi- 
tor. Those pay-rolls have been audited. 

By Mr. Hubbell : 

Q. Are those pay-rolls filed to keep as vouchers ? — A. Yes, sir ; they 
are kept as vouchers up in the auditor's ofilice. It is his voucher for 
issuing that certificate. 

By the Chairman: 
Q. Do you know every night how much money you have in bank ? — 
A. No, sir ; not every night. 

Q. Did you not know ever^^ day how much money was iu the treasury 



TESTIMONY OF J. A. MAGRUDER. 2045 

of the boaril of public works ? — A. No ; I liuew about. I kept au idea 
of it. 

By Mr. BASS: 
Q. I find by tliese check-book.s that on December 27 you drew one 
check to yourself for 810,121.80; on December 30 another one for 
83,000; January 14, another for 85,000, nuiking 820,000. Those were 
drawn to yourself, and you drew the money to disburse in this way? — A. 
Yes, sir; to pay off laborers, clerks, &c. 

By Mr. Wilson : 
Q. Mr. Bass and myself have looked at these check-books with some 
particularity in connection with your report, and we (ind there are 
very rare instances in which the check-books correspond with the items 
of expenditure in your report. Is there any mode by which we can as- 
certain the accuracy of your exi)enditures as set forth in that report 
other than by goinf>- throu<;h the whole of your vouchers from end to 
end? — A. Xo ; I think not, sir. Yon have there a report from the audi- 
tor of exactlj' how many certificates I have paid. AVhen we made out 
our report to you, to see what certificates were outstanding, I sent all 
my canceled certificates up to his room to go over with his list of certifi- 
cates issued, numbered right through, and he checked oft those that 
were paid, leaving those unchecked which were not paid, by which we 
were enabled to see how many were still outstanding. 

By Mr. BASS : 

Q. How was it possible for your account to be absolutely correct at 
any given time, so that you could strike a balance in your account, un- 
less when you drew moneys out of the bank to disburse them j'ou en- 
tered your disbursements in their pro[ter place on the books of the of- 
fice ? — A. In two hours you could take all the certificates I had and 
enter them up. 

Q. But they do not seem to have been entered up for months. — A. 
O, yes, they were. At one time my old clerk was unwell, and he hated 
for anybody to touch his books, and I had a very large bundle of cer- 
tificates put away in my safe, and when he came back he entered them. 
Of course he could not enter them in the order in which they were paid. 
This was Mr. Laird, an old gentleman who died a few weeks ago. He 
was a very particular book-keeper. He had been book-keeper of the 
Georgetown corporation for a great many years. He had the confidence 
of everybody, aiul he had my confidence, and I wanted somebody that 
was particularly accurate. He had that peculiarity that he hated any- 
body to touch his books, and during his absence I never would let any 
cue do so. 

(^. Mr. Laird never made any original entries on the books until you 
told liim to make tliem ? — A. He never made au entry uidess lie hadthe 
certificate in liis hand. 

Q. Then if his entries were not made on the books it was because 
you failed to tell him to make the entries ' — A. Yes, sir. 

Q. Then, if those entries are not entered at the time when they bore 
date it was not his fault, but it was yours ? — A. Certainly it was my 
fault, unl(!ss he was away. 

Q. You do not charge it, then, upon him? — A. I do not, and I do not 
want that uiulerstood. I say he was very often sick. I do not want 
you to understand that I am doing anything of the, sort, because he 
was so pt'rfcctly good a man that i do not think anybody could find any 
blame with him. 



2046 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 

Q. What we wish to understand is this: We liave here your check- 
books; we have your reports, and we find that the amounts paid out by 
you by clieck do not correspond either in date or amount with the 
amounts tl»at you have credited to yourself in your reports? — A. Those 
particuh^r days. 

Q. Well, they do not correspond ; we do not find the amount in those 
particular days, and, in some cases, in any other day. — A. Yes, you 
can ; you can find every dollar. 

Q. i\Tr. Bass just called your attention to a few occasions. — A. Exact- 
ly; and I told Mr. Bass that to-morrow morning I would give it to him. 

Q. O, no; you ssiid you would furnish him with certificates aggre- 
gating in amount these checks ; that is what you told him. — A. And 
those certificates are put just here — the numbers with the stubs. 

Q. I am not questioning that; but the point I want to get at is this: 
can we ascertain the accuracy of your account in any other wny than 
taking up all these vouchers that you have in your olilce and looking 
them over ? — A. I would like to know how it would be possible to find 
out anything about it unless you did that. No books would show it. 

Q. Well, if your reports had been kept in accordance with your check- 
books, and your daily disbursements of money, we would not have much 
trouble f-— A. Yes you would, because you would have to find the certifi- 
cates to see whether I really did receive those things. 

Q. Your check would show that money went out of your hand ? — A. 
Ko, it would not. It might not show that the money went out of my 
hand. It would show that it was a check drawn. 

Q. It would show that you had given a check for the money ? — A. 
Well, the check shows that now, does it not *? 

Q. What I want to know is the manner in which you have done this 
business? — A. Very well. You came down to the office and I showed 
you the manner in which it was done. I showed you the books and you 
looked over them. 

Q. That is jusc exactly what started us on this investigation. 

By Mr. Bass : 

Q. We saw that this did not correspond with the entries on your 
books down there. — A. They do correspond with the entries on my 
books down there, precisely. Every voucher is charged in there. 
[Indicating.] 

Q. I have asked you to find the entries corresponding. — A. I told j'ou 
I would give them to you. 

Q. Well, you will take time to do it. — A. Exactly. I cannot do it in 
a minute, for you or anybody else. You have had these check-books 
here looking over them for two or three weeks. Now, I cannot find it 
In a minute. 

Mr. Bass. Wellj I spent about half an hour on your check-books, and 
I cannot find out about it. 

By the Chairman : 

Q. If you would take that memorandum and furnish the vouchers, 
and then turn to this report of yours, and show where they are charged, 
that would help a little. — A. Exactly. I propose to show you first the 
vouchers, and then I propose to show you where I have charged them. 

Q. But I see there is one check of 150,000 to Filbert, with no voucher 
opposite to it. Now, Filbert had, perhaps, $100,000 or $300,000 in 
vouchers. How are we to know that any particular one of the vouchers 



TESTIMONY OF J. A. MAGRUDER. 2947 

wliicb you bring in, agg'regating the 8'")0,000, was applied to that clieck ; 
bow can we know that ? — A. Yon cannot know it. 

Q. IIow can you know it? — A. 1 cannot know it. 

Q. So that your voucher woukl not be of any vabie to anybody ? — A. 
Yes, sir, it is; because it gives me credit for 8r)0,()U0. But I only know 
this, that every check that I have drawn 1 have a voucher for. 

Q. But will you not be obliged to take all of Filbert's vouchers, and 
all of his payments, in order to verify that 850,000. You cannot do it 
with any particular one ? — A. No. 

The Chairman. Therefore you have got to settle Fibert's account 
before you can account for that $50,000. 

By :\rr. Bass : 

Q. If you had kept your books by charging each day, under the date 
that the check was drawn, the amount, and indicating in the account 
the person to whom it was paid, you would not have had all this trouble '? 
— A. Well, I can't see any difficulty in the world in the case. Here is 
the account of all the money I received, of all the bonds 1 received, and 
of all the certificates! have received. There is an account showing my 
payments, which correspond with the amount of money I have received, 
and I have a voucher for every one of those payments. '^ Now, where can 
the dilliculty be 'i 

Q. Well, suppose it should appear, not because there is no such imputa- 
tion, but you think tliis is a proper system of keeping books — suppose 
it should appear that there had been a check of 650,000 drawn, and it 
not ai)i)earing upon the face of the account the purpose for which it had 
been used, it turns out that 850,000 is not charged here on this side of 

the account; that indicates as a matter of fact ! — A. That I have 

850,000 I ought not to have. 

Q. That, then, is 850,000 of receipts which have been left out on the 
other side of the account ? — A. Of course it does ; but then there are 
the receipts. I charge them; if an^* body has paid me any money that I 
have not charged myself with, let them come up here and show it. 

Q. The only object in keeping books is to keep them so that other 
persons can ascertain by inspection ? — A. Auybodv can go and ascertain 
that. 

By Mr. Wilson : 
Q. Simply by looking through your vouchers ? — A. Exactly. 

By the Chairman : 
Q. Now, take that item I have mentioned. How are you going to 
show us from a voucher that that i)articular money was paid to Mr. 
Filbert ? — A. I could not do it; but 1 do show I have paid out the money 
I have received, and what I have paid it for. 

By Mr. Wilson: 

Q. 1 could make up an account like that between now and to-morrow 
morning, which could not prove anything.— A. But suppose I ask you 
for your vouchers. You ask for any voucher, and J will bring it here ; 
there is the point. You ask for any voucher I have charged in my 
account here. 

Q. I understand you to answer :\rr. Allison that you could not bring 
him that unless you went thiough the wliole of Filbert's account ? — A. 
J cannot tell what particular voucher I ]»aid Fin)ert that day, and I 
could not if it was charged in here, nor anybody else; if 1 had charged 
it to Filbert that very day, 1 could not teli. 



2048 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

By the Chairman : 
Q. If you bad it iu your check-stubs, could you ! — A. Yes, sir ; if I 
had entered what certiiicates were there, then I could ; but in thousands 
of instances men came in there, sometimes having half a dozen certificates 
from different people ; I would add them up and pay them. If you no- 
tice on the stub of my check-book you will find the figures. 

By Mr. Bass : 
Q. The result of it is, that if a subordinate of yours had kept his 
books iu that way, and you, on any given day, had desired to know 
how you stood iu order to ascertain whether he had been a defaulter or 
not, you would have had to have gone through all the anterior accounts 
and compared his vouchers and had a general accounting? — A. You 
could not tell in any other way but going through his vouchers, for the 
simple reason that he might have charged payments that he never made. 
You could not tell by any man's books. You cannot to-day go into a 
bank and take a book there, and tell whether the entries are false or not 
unless you see the checks. As for going to a man's books, it is utterly 
impossible to take the books and tell whether the accounts are right or 
not, particularly where he is paying on vouchers. You have to have 
the vouchers to see whether he has paid them. ISIow, I claim that I 
have all those vouchers. And you can see them all at an^^ moment you 
want them. 

By Mr. Bass : 
Q. Well, if you Avill bring those up, all which I have spoken, it will in- 
dicate the general system. — A. Yes, sir ; I will do so. 

By Mr. Wilson : 

Q. How long have you been treasurer of the board of public works? — 
A. Ever since the board was established. 

Q. Did you execute a bond ? — A. I did. 

Q. Who was your security ? — A. A gentleman named Sweeney, cash- 
ier of the Farmer's and Mechanic's Bank in Georgetown, Alexander R. 
Shepherd, and Eiley A. Shinn. Mr. Shinn had been on my bond when 
I was collector of customs, and he was on it when I was first appointed. 
I was re appointed, and he went on it a second time. 

Q. You have continued under oue appointment from the beginniug ? — 
A. I have ; I have never been re-appointed. 

Q. And one bond ? — A. Oue bond. 

Q. Wheu you were on the stand before, I asked you to furnish the 
different amounts of money that had been received by you. — A. 1 have 
them for you, sir. 

Q. Have you them with you? — A. I think I have them in my pocket. 
They are here, and read as follows : 

A. 

1872. 

August 3, amount received from United States $192, 050 12 

August 3, amouut received from United States 68, 230 00 

1873. 

January 11, amount received from United States 1, 240, 753 14 

March 18, amount received from Uuited States ], 106, 533 00 

July y, amount received from United States 460,766 94 

July 25, amouut received from United States 159, 497 03 

August 22, auuinnt received irom United States 25, 000 00 

September 2, amouut received from United States 230, 211 84 

September 10, amount received from United States 50, 000 00 

September 20, amount received from United States 63, 021 45 

October 4, amount received from United States 1,737 66 



TESTIMOxW OF ADOLF CLUSS. 2049 

^i. 597, 801 18 

Am't received from Dist. of Columbia, not iiRludinij; $4,000,000 loan 4'26, 091 :« 

Amount received from water-register lol, HOI 25 

Amouut received from gas aud sewer permit.s :5, 222 00 



4,178,715 76 
JAMES A. MAGRUDER, 

Treasurer Board of Piihlic Works. 

M. G. Emery recalled. 

The Witnp:ss. J merely wished to say that in j»"i^'i'>S" the price of 
flag-y:iiig- stones, 27 cents, it delivers them in the street. 

By the Chairman : 
Q. Not on the wharf? — A. Not on the wharf. 

Q. Is the price the same in every part of the city ? — A. Xo, sir; I am 
speaking- of the price. I have averaged the whole. 

The Committee here adjourned to 10 o'clock to-morrow morning. 



Wednesday, May 20, 1874. 
The committee met pursuant to adjournment. 

Adolf Cluss sworn and examined. 
By Mr. Wilson : 

Q. Are you a member of the board of public works? — A. I am. 

Q. When w^ere you appointed ' — A, October 2."^, 1872. 

Q, Have you been a member of the board continuously since that 
time "1 — A. Yes, sir. 

Q. What is your profession ! — A. Engineer and architect. 

Q. How long have you been engaged in the prof<'ssion ? — A. I fin- 
ished my professional education in 184(5, and I have been engaged in this 
profession for twenty-eight years. I served, after I finished my education, 
for about two years as an assistant on one of the first railroads of Ger- 
many, between Mayance and Matdieim, on the Rhine. Subsequently I 
came to the United States, ip,1818. 1 served two years on field-work of the 
United States Coast Survey. Afterward I was employed in the United 
States imvy-yard as a computer and constructor. 1 wish to say that 
the furnaces by which all the brass cannon of the Navy are cast are of 
my own original introduction and construction. zVfterward, I was for 
a coujile of years in the Treasury Department, and had cliarge of one 
room in the Supervising Archite<;t's olfice. For the last ten or twelve 
years I have been engaged in private business here, mostly as an archi- 
tect, occasionally with engineering. As such, I have jdaniied and su- 
pervised nearly all of tlie i)ul)ii(; buildings now owned by the District of 
Columbia. That is, before I came to the board. 

i). What ])osition do you hold in connection with the board of public 
works ? — A. 1 have been appointed to what is understood as engineer 
member of the board. 

Q. By a formal vote of the board .' — A. The following is the notifica- 
tion I received of my a[)pointment. 

JJoAHi) or Ti r.i.ic Woijks, Distijict oi- (Joi.UMitiA, 

li'asliiiiiiloii, I). C, Daccmbcr 2>'), 1^72. 
Silt: You arc hcrcliy infornuul tliat at a mcitiug of the board, held tins day, all the 
members pri-suut, tlu^ following order was made : 
That Adolf Cluss, esfi-, the eugiueer member of the board, be reciuested to take 
12U D C T 



2050 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

charge of the engineer department thereof as engineer, and is empowered to make 
such changes in itn organization as he may think necessarj'. 
Very res2:>ectfally, &c., 

CHAS. S. JOHNSON, 

Assistant Secretary. 
Hon. Adolf Cluss, 

Board of I'ublic Works, 

Q. What have been your duties in coniiection with the board ? — A. 
Well, as a general thiuo', when the vice-president awarded a contract he 
notified me of it, and with the request to send it to the contractor. This 
I did. Afterward I gave tlie necessary directions as to the putting of 
the pegs, &c., all that was necessary. I looked, as well as I could, to 
the work as it progressed, making my objection when there was any- 
thing that did not seem to be right. After the work was measured — I 
had it measured by one of my assistants — all the important measure- 
ments I went over myself, as far as my limited time would allow, so that 
no gross errors could occur. 

Q. If there have been any difficulties in connection with the dis- 
charge of your duties in connection with the board of public w'orks and 
its operations, you may state them. I think it is due to you that you 
should have the opportunity to do .so. — A. Well, the organization of 
the board is such as to seriously imi)ede the operations of the very best 
engineers that could be on hand. 1 found this state of things when I 
came here. I have done with firmness and courtesy the best to remedy 
what seemed to me a lack of system ; but I do not think I have been 
very successful in my efforts. The vice-president takes the assistant 
out of the engineer's office and gives him private instrnctions to take 
up work and pass bills without the engineer knowing of it. 

Again, the Government measurements, which I think, according to the 
reading of the law, are certainly under the engineer in charge of the 
board of public works, and to be controlled by him, and remeasured by 
the engineer in charge of public buildings and grounds, were done 
without my knowing a word of tljem. So all those errors, I wish to say, 
I am not responsible for, nor the department under my charge. 

Q. They were not done under your supervision? — A. No, sir. 

Q. Have any of those matters been subjected to your inspection or 
supervision after they were done? — A. AVhich matters? 

Q. Those matters in regard to Government measurements, «&c. ? — A. 
The first I saw of them was in the printed statement — in the governor's 
xlnswer. 

Q, I will call your attention now, in that connection, to some matters 
which may have attracted your attention. For examjile, there was an 
account which seems to have been made out which was made the basis 
of an appropriation of $1,1240,000 and upward; did you have anything 
to do with that ? — A. No, sir. I wish to say, however, that this is one 
of those cases where an assistant — responsible to me — was taken away 
from my supervision, and he, under the direct orders of the vice-presi- 
dent, then made these charges. I am not responsible for an iota of 
the whole. I saw it first in print when the governor's Answer was pub- 
lished. There was another account upon which an appropriation of one 
million dollars was made, and another upon which an appropriation of 
913,000 and some hundred dollars was procured from Congress. 

Q. Was that made under your supervision, orhad you anything to do 
with either of those f — A. It was not made under my supervision. The 
only thing I had to do with it was this : In one case, I think it was 
when this one million dollars was called for, a paper was brought to me 
for signature, calling upon the Secretary of the Treasury to cash that 



TESTIMONY OF ADOLF CLUSS. 2051 

money. Whether the money was obtained or not, I do not know offi- 
cially. 

Q. You had nothing to do with the measurements, if I nnderstaud^ 
yon? — A. No; nothing- whatever. 

Q. They were ma<le by some person detailed from your oflice ? — A. 
Yes, sir, 

Q. Who were present ? — A. There arc two assistants in my oflice — 
one, Mr. Wm. Forsyth. Mr. Forsyth has only been nominally subject 
to my control. Mr. Oertly, on whom I rely for a i,^reat deal of import- 
ant inside office-work, is the person who was ordered off. 

Q. He was taken out of your oflice for doin*;- this work? — A. Yes, 
sir; T have not seen him for the last fortniiiht. 

Q. What is he doing ? — A. 1 snppose he is making statements for you ; 
but I do not know, of course. He told me once on the street, 

Q. In this matter of awarding contracts — how has that been done ; 
what has been the process by which contracts have been awarded ? — A. 
All the imi)ortant contracts have l)een awarded witliont my knowing a 
word of it. 1 have frequently, esi)ecitilly since .Mr. Heiu-y A. Willard 
became vice-president, called his attention to the irregularity of this 
proceeding, and so I have succeeded, for tVie last two or three months, 
in getting regular meetings. I think since that time this has stopi)ed; 
but it took me five months speaking to Mr. Willard until I succeeded in 
having these regular board nu'ctiugs. 

Q. Prior to that time how were those contracts let ; were they let in 
regular l)oard meetings, or in what way was this thing done '^ — A. I 
know of one contract that was let in regular board meeting. This was 
the award of 75,0()() square yards of wood i)avenuMit to the successors o" 
De Golyer & McClelland. A board meeting was called ; I think it must 
have been in June or July of last year. Mr. Jeffiies was there as their 
attorney. A statement was made that we would throw two or three 
men into bankruptcy if this contract was not awarded ; so it had to be 
given out. This is the only contract where f know the board has been 
consulted officially. 

Q. Who did award these contracts? — A. I think the vice-president. 

Q. How did they get upon the miimtes of the board ? — A. I have 
attended every meeting of the board, to the best of my knowledge, that 
has been called since I have been a nu-mber of the board. I do not 
think I have missed a single me(>ting. Last .Monday I was i)repaiing 
papers for you, and I duly notihed the other members of the board that 
I was of necessity absent, but how they got on the minutes of the 
board 1 can make an exi)lanation. About three weeks ago this very 
question was up. It was mentioned that a certain transaction was 
on the minutes of the board. I told them I was suie it was not 
there. Mr. Magruder came forward and said : " I think I have spoken 
to you about tliis matter. However, if I have m)t, I spoke at the time 
to (loveinor Cooke and to (iovernor Shepherd. That nmkes three. 
There are a majority, and a majority rules.'' My answer was: ''Mr. 
Magruder, if you meet Mr. .She|>herd on <jn(> curbstone corner, and you 
nu'ct Governor Cooke on the next curl)st()ne corner, and you three agree 
ui»on sonictliing, do you call that a meeting of the boi'>rd?" He said 
" Ves." There was, Ix'fore 1 Ix'canu', a meMil)er of the lioaid, a rule i)assed 
where the vice-i)residenl — in fact, wherever lie set himself down to write 
a contra<;t or do anytiiing else of(j(;ially, tlie «;Ierk was t<» enter such ac- 
tion as done at the uuM'ting of the board. That is all tin' statement I 
have to make in regard to that 

Q. Are we to understand you to say, in regard to this letting of con- 



2052 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tracts, that you were not consulted as a member of the board ! — A. 
Never. 1 wisb to say tbere is oue single exception, and this is as tar as 
I remember. I went some time in July of last year — I happened to go 
•on business — to the private office of the vice-president, Mr. Sheplierd. 
1 found bim there in consultation with Mr. Oertly, and, looking at what 
they were doing, I saw they were giving out contracts for main sewers. 
They showed me what they were doing, and at that hour, I think it 
was — yes, it was then — that about a million dollars' worth of contracts 
were given out. I was present, but was not consulted but in one single 
instance. I remember I made an objection to the partj^ who was to 
have this contract. 

Q. Who was that? — A. I think it was a contract for Boundary-street 
sewer — this njain sewer. I came there. Mr. Oertly had made certain 
statements and calculations. For instance, there was a statement of the 
continuation of the Tiber Creek sewer from Maryland avenue to Vir- 
ginia avenue, $350,000. Mr. Shepherd's answer was, " Put down Car- 
rohan & Co." It was the first time that I had heard the name of that 
firm. 

Q. Was that contract awarded to Carrohan & Co.? — A. Yes, sir; he 
is now proceeding under it. 

Q. Were any other main-sewer contracts given out that day that you 
know of ? — A. I have stated to the best of my recollection that a mil- 
lion dollars' worth of work was given out on that day. 

Q. Who was the other work given out to? — A. Gantz & Appleman. 

Q. What did they get? — A. Boundary-street sewer, between Second 
street and Eleventh street; Samuel Strong, Boundary-street sewer, 
between Eleventh and Fifteenth streets ; Gregg & Co., Boundary-street 
sewer outlet, trom Fifteenth street to the Eastern Branch as far as it 
went. A contract was given then to William H. Adams for an exten- 
sion of his sewer, which he built under th€ previous contract. 

Q. That was done, you sa3^,at Governor Shepherd's private office? — 
A. Yes, sir. 

Q. Where is that? — A. On Pennsylvania avenue, between Ninth and 
Tenth streets. 

By the Chairman : 
Q. You say you spoke to Mr. Magruder about that matter which you 
found on the minutes, but you did not state what matter. — A. The 
matter was the resignation of Mr. Henry A. Willard as vice-president 
of the board. If you will allow me, I will state the occurrence. Some 
work was proposed to be done, and this work I considered as entirely 
unnecessary and wasteful in the present state of our finances. The 
answer was made that this work had to be done, since it was 
already included in the assessment-sheet made some time ago. 
I asked for the assessment-sheet, and afterward I w%as rather 
a little grutfed. I then said, " I ask this as a member of the 
board and as the engineer of the board." Some other words passed, 
and I afterward said to Mr. Willard, " I claim I have been legally 
elected by my fellow-members here, and therefore I stick to the 
rights and duties of my office.''' I told him that I should have been 
glad to have voted for him as vice-president of the board, and would 
have voted for him three times, instead of seeing him designated by the 
governor for this i)lace. Mr. Magruder then said, " Mr. Willard has been 
elected, and the fact is on the minutes of the board." I then reminded 
him, Mr. Henry A. Willard, that on some Sunday morning he came to 
my liouse and asked me for my friendly advice as to whether he should 



TESTIMONY OF ADOLF CLTISS. 2053 

accept tiie uesiynation ot the governor, wlien I ]>roinptly advised liiiu 
that he shoidd not do it. 1 told hiin tliat 1 shoukl be glad to vote 
for him as vice president, bnt I wanted him regularly appointe<l by his 
fellow members. Mr. Willard seemed to be impressed by what I said, 
but left. It seems he afterward concluded to keej) the appointment. 
So when this came np the other day, 1 certainly objected to his telling 
me that this was in the regidar meeting. Mi'. Magrudersaid these meet- 
ings were to be considered as rather in the l*i(;kwickian way — in a con- 
structive way. 

Q. You told Mr. Willard you would be glad to vote for him ? — A. Yes, 
sir. 

Q, You consider him a competent man for the i)hice? — A. Yes, sir. 
He is a very reliable man. I would not say exactly whether Mr. Willard 
has the necessary ex[)erience to attend to such business, but that is not 
the (juestion. 

By Mr. Wilson : 

Q. Have there been any cases where contracts have been let, and 
the contractors gone to work upon the streets before the engineer de- 
partimMit had notice of the fact f — A. ^lany. 

Q. What has been the rule of your department, or the conduct of your 
department, in relation to this matter of taking cross-sections and 
getting the necessary data upon which to make proper measurements ? — 
A. 1 have insisted upon their being made in every case. 

Q. Have they been made in every case? — A. Since that time I think 
we have got good (;rosssections in each case. 

Q. Do you regard cross-sections as essential to an accurate measure- 
ment of work — cross-sections taken before the work is commenced? — A. 
I consider them as absolutely necessary, even in the jdaiuest case. 

Q. Have cross-sections been taken in all cases ? — A. Well, 1 tind in a 
good many bills which 1 have to settle for work done before I was a 
member of the board, almost invariably tliere are no cross-sections. 

Q. That was where work was being done prior to your being a mem- 
ber ? — A. Yes, sir. 

Q. Was there any m6de by which you could get an accurate measure- 
ment of the work that had been done ? — A. No, sir. , 

Q. Before I forget it — you mentioned a moment ago tliat you had 
called for an assessment-sheet on some street where an assessment had 
already been made, and the work had not yet been done? — A. Yes, sir. 

Q. What street was that? — A. Nineteenth street. 

Q. What work was it that had not yet been done? — A. I was hunted 
by everybody to do long stretches of parking — sodding. This was one 
of the cases. Since this question had been so often before me, 1 was 
most earnest to see if Mr. Forsyth had actually included this in his as- 
sessment, so that it was necessary to ex[)end this amount of money, 
which 1 considered as a dead waste. 

Q. In that case, how did you tind out ? Had the parking been 
charged for, and put in the assessment-sheet ? — A. Up to this time, not- 
withstanding repeated ai)])lications for the i)urpose — up to tiiis <lay I 
have not yet found that the assessment sheet was forthcoming. Other 
statements came to me, which were not the assessment-sheets, but I 
always sent them back again. 1 wanted tlie assessment-sheet. I have 
not yet i)rocured it. 

Q. What was it they were proposing to do; were they inoposing to 
go on and do work on that street? A. Yes, sir; parking, you know. 
They were prei)aring to do parking, which, they said, were inc^luded in 



2054 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tbeir assessments alrendy ; and, therefore, whether necessary or not, the 
property-holders were entitled to it, since they had paid for it. 

Q. Have there been cross-sections made with reference to Government 
property and government reservations in these places! — A. As good 
fortnue wonld have, we have cross-sections in nearly every case. 

Q. You think tluit as to Government property data can be found 
upon whicli measurements can yet be made ? — A. I do not think there 
is any difficulty at all. 

Q. What is Mr. Oertly's position in you office ? — A. Mr. Oertly is to 
generally have charge of the in-door work 5 that is, he attends to 
the routine work. Men come and want to have a sewer in an alley, and 
the like ; he prepares the necessary data; then he submits the papers to 
me, which I adopt, reject, or modify. 

Q. Now, has he done any outside work iu the way of measuring for 
contractors f — A. Not under my orders. 

Q. Has he under an5'body's orders? — A. He has been sometimes iu 
the vice-president's office 

Q. Whose work has lie measured ? — A. I should think mostly Glea- 
son's and John O. Evans's. 

Q. Has he measured work for anybody else, that you remember? — A. 
I think the Richmond Granite Company, and perhaps for Filbert. He 
may have madesmaller measurements, and, in fact, last summer, for one 
month, for Mr. Barney, whom I had regularly designated for this work ; 
he was sick, and at that time my bills bore his signature. 

Q. Whose duty was it, under the organization of the board, to look 
to this matter of measuremeuts, and to detail the men to make the meas- 
urements ? — A. It was my duty, my responsibility. 

Q. Did you designate Mr. Oertly to make these measurements for 
these contractors whom you have named ? — A. I did not. 

Q. Who did it? — A. He told me that — when the thing went on for 
some time, and 1 found very large bills entered iu the books which I 
never had seen an application for, or anything — he told me afterward 
that he had done that under the orders of the vice-president. I could 
not blame him for it. 

By the Chairman : 
Q. What were these bills you speak of that you found on the books'? — 
A. These bills were principally those of Mr. Albert Gleason and John 
O. Evans. 

By Mr. Wilson : 

Q. At what time were these measureiuents made with reference to 
Government appropriations or moneys received from Government appro- 
priations ? — A. That is rather hard for nie to say, because one of the 
difficulties I had in having order in m^' office — I found on one morning" 
I came there and was trying to find Mr. Oertly at his desk. He was off, 
and 1 wouldn't see him again for a week or along time. When I would 
ask for him, I found he was on some Government measurement under 
the orders of the vice-president. 

Q, Was there order or arrangement by the board with reference to 
the persons to whom ininiey should be paid that was appropriated by 
the Government ? — A. Not one word was passed officially. 

Q. There was no system, then, by Avhich the contractors were paid in 
tlie order of their indebtedness — in the onler of the date of their cer- 
tificates ? — A. 1 am entirely ignorant of what has been done in that 
respect. I frecpiently thought that, like iu any public institution, 



TESTIMONY OF ADOLF CLUSS. 2055 

tlie nccouiits of tbe treasuier sIkhiIiI be audited oiiee a year, but it was 
not done. 

Q. Have these accounts of the treasurer ever been audited tliat you 
have any knowledge of? — .V. No, sir; not since I have been a member 
of the board. 

Q. Has there ever been anythinji' said on that subject ? — A. I have 
frecjuently uuMitioned it to Dr. Dhike and Mr. WiUard since last summer, 
but 1 was uuiforady tohl that we were folU)win<>; out a system adopted 
before we became members, and the system was so admirable that it 
conkl not be imi)roved upon. 

Q. Who measured the work of the Evans Concrete Company ? — A. ]\Ir. 
William Forsyth. 

Q. Under whose direction was that done ? — A. Under the direction of 
3Ir. Henry A. Willard, most likely, or on the order of the governor. I 
am certain I did not desi<;iiate hiui. 

l^y the Chairman : 
Q. Did you object to his bein<i- desiq:nated ? — A. I did not know he 
"was designated. I only found the hills wheu they were uieasured. 

By Mr. Wilson : 

Q. When thej" were returned to the oitice ? — A. Yes, sir. 
B\ the Chairman : 

Q. Did you certify to them? — A. No, sir. 

Q. Did you rel'use to ? — A. They were never presented to me. If they 
have beeu passed, it was without my notice. 

Q. Certitied by Forsyth ! — A. Yes, sir; tliat is to say, partial meas- 
urements may have been signed by me. 

Q. You say there was a million of dollars A. xUl of the Evaus 

concrete contracts. 

Q. Tiiey were measured over — the tinal estimate — by Mr. Forsyth ? — 
A. Yes, sir. 

Q. Certitied to by him ? — A. Yes, sir. 

By Mr. Wilson : 

Q. Do you know the process by which Mr. Forsyth determined the 
length of haul in matters of grade ' — A. I do not see at all how he can 
determine the length of haul. He must take the statement of the con- 
tractor, not having been connected with tlu^ work as it i)rogressed, be- 
cause, in fact, you know, cases have been i)()inted out tome. I remem- 
ber just now — let me see, 1 would say about a cou[)le of weeks ago — a 
proiK'rty-hohler came to me — and he is also a small contractor, I be- 
lieve — and told me that he had seen somehow or other that for grading 
at the south of liawlins Square, Mr. Forsyth had allowed a haul of 
0,000 feet, while he knew very well, from liis personal knowledge, that 
it came from the next square. This man is named Clark; John H., I 
think. 

Q. Have you any personal knowledge in regard to that ^ — A. No, sir. 

Q. Have you ever examined the voucrluu- in that case, or any of the 
papers, to see how mucli haul was allowed tluu'e ? — A. I examined the 
voucher, and found such a large haul was actually i)aid for. The 
quantity was not very great, but I instancte this as an illustration. 

(^. 8tate if you have discovered any mistakes that Mr. Forsyth has 
made ? — A. Frecjuently. 

Q. Where are they? — A. When I g<ttto have<']iarge of the engineer's 
ottice, I think one of the very lirst l)iils tliat came into my iiands was 



2056 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

for the wood pavement of DeGolyer »& McClelland, on Pennsylvania 
avenue east. I found a mistake in the surface measured — an over- 
charge of about four thousand yards of Avood pavement. Mr. Forsyth 
came to me and tried to bully me down, and said for twenty -five years 
his figures had never been questioned, and this was not going to be 
done hereafter. I told him he hadn't found the right man; and unless 
he corr(»cted his own statement, I should throw his voucher in the fire 
and inake a correct one. I communicated this fact to Mr. Shepherd. 
He afterward told me to please go myself over the whole street,, and 
make the measurement in detail. I did so. I made the measurement 
in a cold winter day — about New Year's, 1873. I found that those meas- 
urements which I had checked off from the map were correct, and the 
overcharge was there, whereupon the bill was passed in its true shape — 
in its corrected form. The men have not got one yard too much. 

Q. Do you know any other mistakes he made? — A. Shortly after that 
there was another case. I think it was Mr. Frank H. Smith. He had a 
contract for M street, just east of the M-street bridge and Georgetown. 
I do not know how it came, but Mr, Forsyth gave the measurement to 
Mr. Smith, most likely without its being called for. I at the same time 
had a correct measurement made out at the oftice. There was a difference 
again, in a plain surface measurement, of between 1,000 and 2,000 yards 
of wood pavement. Mr. Smith, of course, after he had seen the large bill, 
did not like to take anything less, and so the vice-president referred this 
to Mr. Willard, I believe, but in the mean time I settled this matter with 
Mr. Smith. I found that the small amount of work had been done twice, 
you know. If any member of the committee is conversant with the fact, 
there was a wooden pavement laid from Twenty-second street to the M- 
street bridge. In the M-street bridge there was a big till of 20 feet. It 
seems Mr. Smith had laid it twice, once in the fall and in the spring, and 
that had settled and he laid it once more ; and, with the exception of this, 
it was found our measurement was correct, and so it went to Mr. Smith. 
The case has been disposed of. The measurement was incorrect. It is 
all correct now. 

Q. Was he paid according to the corrected measurement ? — A. Yes, 
sir. 

Q. Are there any other cases of that kind ? — A. The third case that I 
remember of is this : there was a case of another Smith, I do not re- 
member what his christened name is, I believe William, on B street 
between Second and Third. There was a square there just a certain 
length and a certain width, and there was an over-measurement at that 
place of over four hundred square yards of wood pavement. I had it 
corrected again. These cases being all in a short time, I insisted that 
another man should be appointed to make these measurements, and I 
saw Mr. Chailes E. Barney, whom I considered as a very reliable and 
competent gentleman, and had him have exclusive charge of that part 
in my branch of service. 

Q. Did Mr. Forsyth make any measurements after that "I — A. Not 
under my direction. 

Q. Did he make any under anybody's directions'? — A. I believe the 
committee are aware that he was put in charge of all the Government 
measurement and attending to some special cases like the Evans Con- 
crete Company. In fact I have, perhai)s once or twice, had papers re- 
ferred to him, where he had commenced work, and it was difficult for 
Mr. Barney to make a mathematical and exact estimate, which he 
always tries to do. 

Q. What do you know in regard to this measurement on Massachu- 



TESTIMONY OF ADOLF CLUSS. 2057 

setts avenue east, tiiat iias been inqnired al)ont here hy tlie eoininittee, 
where there was siibse(inent arbitration t — A, That is one of the cases 
which Mr. Forsytli had couinienced. 1 di<l not seethat there wasanyhnrry 
for it, because this woric is incomplete atthis time. Anyhow, tlie contract, 
from what 1 couhl tind out trom the records, was given to Mr. Connolly, 
and he began to cutan<l till without the engineers knowing anything about 
it. Lookingover the records I found that about six weeks or two months, 
possibly, after the contract was let, that Mr. Barney made the first pro- 
fessional rejiort about it ; so of course I had the right to assume he 
knew something about this matter. The first payment under my charge, 
1 think, was made in .May, 1873 — A]m\ or May. f referred this matter 
as usual to Mr. Uariiey. Mr. Barney told lue and reported to me that 
it was impossible for him to make his st.itement, as there was nothing 
of the original surface of the ground. 

Q. Were there any cross-sections there ? — A. Xo, sir. 

Q. Xone had ever been made f — A. No, sir. And so he suggested, 
and 1 believe he expressed it in an otlicial letter, that this matter be 
referred to Mr. Forsyth to make the measurement up to date, and we 
could take care of this matter hereafter. I did so. Mr. Forsyth cer- 
tified to a great quantity of earth, and we thought this was the end 
of it. So about two months afterward he asked for another measure- 
ment. Well, lie said he did not want to do any more work on the 
streets. I did not see the necessity for such work at all : and I had no 
objection. 

By Mr. Mattingly : 
Q. Who was it who asked for another measurement ? — A. Mr. Connolly. 
Well, we thouglit afterward, since we knew that iuthesetwo months inter- 
vening no work had been done by him on tliat street, that it was a more 
dithcult matter to make a i)artial estimate than a final one, which would 
enable him to get the tweuty i)er cent, retained. But, to our astonish- 
ment, the measurement came back from Mr. Forsyth witli about oO,()00 
cubic yards added to it. Well, this was rather a little too big a pill for 
me to swallow, and after consultation, and after going on the ground — 
after making diligent inquiry all about what had been done there, 
I found that if there was a little earth deposited there, it had 
been done by other contractors. While I was up there, the thing- 
went even so far that I saw there was some earth put there. 1 
asked the boys on the line where the dirt came froni. No answer. 
I asked the second one. No answer. I asked the third one, and as 
soon as I asked the third one the pass-word was i)assed along the 
line of thirty carts, •' Don't tell him." I found those were Mr. Mc- 
Laughlin's teams, and not Connolly's. All of these facts seemed to 
nu; conclusive, tiiat nothing else was due beyond that measurement 
which Mr. Forsyth, formerly made so high; that, without having further 
recourse to Mr, I-'orsylli, 1 tabled his statement, and sent in astatemen 
^'Notiiing is <lue beyond the former measurement." Mr. Connolly 
then, of course, appealed from that decision. He saw Mr. Shepherd ; 
he plagued him considerably, so that .Mr. shepherd asked me to 
have a remeasurenu-iit made. I had a remeasurement made by Mr. 
Moore, an assistant ol this olllce, and whom we had the good luck 
to secure for a time, having been a <-liief engineer of railroads for a 
length of time. lie fbuyd that measuring tlie cut of the streets I\Ir. 
Connolly had been overpaid in fact at least about .■i."),(M)0 yards. Tiiose 
3.j,0()() yards were now secured under contracts which h*' lield on streets 
where he was paid for the cut, and for the haul to the streets. So again I 



2058 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

reported no change could be made beyond tlie money already in his hands. 
At this time Mr, Connolly came to my private office on Fifteenth street, 
andsays, "Iwill doasquare thing with yon. Suppose I cut off 15,000 yards, 
and let it be 100,000 yards." I told Mr. Connolly that was not the way I 
was doing business. If 115,000 yards belonged to him he ought to have 
it ; if not, he ought only to have what he was entitled to. So the thing 
went on. Then Mr. Shepherd came to me and told me that he was very 
much troubled with this man, and suggested that I have an arbitrator 
appointed, or rather some measurer of the Treasury Department. I 
then went to the Treasury Department, and secured a computer, Mr. 
Thompson. But I am too fast. When the first remeasurement was njade, 
Mr. Shepherd insisted that I shouhl invite Mr. Forsytli and Mr. Same, 
who Avas the Government measurer. He thought it important that Mr. 
Samo should be present, as what Mr. Samo agreed to the Government 
would finally be responsible for. So 1 went and got Mr. Samo, and 
notified Mr. Forsyth to be upon the ground. Mr. Samo came, and we 
went on with the measurements, a number of contractors from Capitol 
Hill being present. They told us all there had been a big gravel pit, 
and the like. I t<)ld the measurer to take the length and width, and 
give it to Mr. Connolly. This was done until four o'clock in the after- 
noon, when Mr. Forsyth came in in a high state of excite- 
ment. He abused me in language that I would not like to re- 
peal; but I did not take any notice of it. I w'as bound to see 
this measurement through ; I had come there for the purpose of mak- 
ing a measurement, and not for the purpose of having a quarrel. 
This measurement was made, and I l)elieve Mr. Samo and Mr. Moore 
figured it up together, but the multi[)lication-table was not to Mr. Con- 
nolly's taste. A.bont a week afterward Mr. Shepherd asked me to ap' 
point this measurer from the Treasury Department. I said I did not 
see the necessity for it, because Mr. Samo and Mr. Moore have 
mentioned a conclusive measurement. He said, " No such thing; Mr. 
Samo has reported to me that the 25 years' experience of Mr. Forsyth 
was a great thing," and so he could not go against Mr. Forsyth's figures. 
Well, since I saw I could not do any better, I then secured that measurer 
from the Treasury Department. He came. While there one afternoon, 
Mr. Arthur Shepherd acting on the part of Connolly, I left him, and in 
the afternoon the next day I heard this man had resigned his position. 
He said he did not want to act. 

Q. Who had resigned his position^ — A. This measurer of the Treas- 
ury Department. Knowing him personally, I went to him unofficially, to 
ask him why it was that he was not making these measurements. He 
told me afterward that he was afraid he would get himself into diffi- 
culty. An effort was made to get him to sign the measurement in Mr. 
Forsyth's house in the evening,' but he declined to do so, and would 
rather have nothing to do with it. 

Q. Who was that? — A. Mr. Thompson. 

Q. Is he here now? — A. Yes, sir. Then the governor, he decided, 
without my knowing of it, that this matter should be settled by a 
certain commission which he had appointed for assessing damages. 
Of course, as soon as this was in new hands, I considered it my duty 
to go there and make a statement, as I had done on every previous 
case. I did so ; and when Mr. Connolly stated that a certain place 
he had filled up was about 20 odd feet, I at once asked him to make 
pits. They refused to do it, and tiien I said, "If you do not make the 
pits, I will make them for you, and you can take the responsibility or 
not of looking at the pits." The i)its were made four feet deep, and 



TESTIMONY OF ADOLF CLUSS. 2059 

we foTiiul stratified ground. Nof witlistaiidiiiji- this, tliis coimuissiou 
took testimony, and said their eoiichisioii was that about 22,(>()() addi- 
tional yards were due to ^Ir. Connolly; and lliis ended the matter. 

By Mr. Wilson : 

Q. How much ^jradini; do you thiidc should have been allowed 
there? — A. I think no more than the cut. 

Q. Do you know what that anuiuntedto? — A. To about — I believe 
about 4r),(H)0 yards, but, to be more eciuitable t(» the contractor, I said, 
" ]\lr. Connolly, can you prove that you have brought any stutl" here 
not coining from any other streets?" He afterward showed me one 
Sfjuare Ix'longing to Mr. Gnlick. 1 went there, and IVom the marks iu 
the ground, and from the statements T could get all around, 1 found 
about six or seven thousand yards might have conu' from there. 

Again, there was another little property. From both sources it 
would have made, perhaps, about 55,000 yards, aud this is my earnest 
oi)inion, that he ought to have been allowed that, and nothing more ; 
because the additional earth came from other contractors on adjoining 
streets — I should say Third and Fourth streets — all around there, where 
there Mas more cut than filled. 

Q. That is the history of the transaction? — A. Yes, sir. 

Q. How much was allowed '? — A. I think the final award was 105.000 
yards, I think 50,000 yards would ami)ly cover all he ever did there. 

Q. Do you know whether or not the vouchers that were on file in 
your office were used by Mr. Forsyth ami Mr. Samo iu making these 
Government measurements? — A. Well, they have been used in making 
Government claims, in November last — the claim for work not paid 
yet, around the Capitol extension here — the ciiange of grade. 

Q. You mean for that work that has been done within the last twelve 
months ? — A. I mean for the work that has been done mostly since last 
August or so. 

Q. Done and not paid for? — A. Y"es, sir. 

(}. Were the vouchers of your olVice used for the purpose of making 
up the estimates upon which the former ai)pro])riati()ns were procured 
from Congress? — A. Y'es, sir; I could not answer. Mr. Oertly did this 
without my knowing any thing about it. He had access to the vouchers. 
Whether he used them, it is hard for me to say. 

Q. ^^'ho fixed the prices for the (lagging around the Botanic Garden ? — 
A. Do you mean lor the Government or the contractor? 

Q. S[)eak with reference to all of them, if you know. — A. The prices 
for (iovernment were fixed exclusively between Mr. Oertly, Mr. For- 
syth, ami Mr. Samo. And the i)ri(;es fi)r the contractor were fixed by 
a private corresjjondence bet\veen Mi'. Shepherd and ^Ir. Oertly, of my 
office. He notitied me afterward that such an<l such was to be the 
price ; that is on the record. 

Q. Have you the record of that with you ? — A. No, sir, I have not ; 
but I (;an produce it. 

Q. How was this price of a dollar and a (piarter a square foot fixed 
for lu'w fiaggiug? — A. I have not the least idea. 

(}. Did you have anything to do with that? — A. No, sir. 

((). Do you regard that as a fair price ? — A. I consider it is too much. 

(). What is a fair price foi' that llaggingl' — A. I should thiidv a fair 
pruM! for that fiaggiug, with fair jjiolit, woidd l)i», perhaps, between — 
about SO. There is one thing, again, the dillicudty we had to labor 
under last year, you know — the tlifference between cash-price and cer- 
tificates. Everybody knows that at present our certificates are consid- 



2060 AFFAIRS IN THE DISTKICT OF COLUMBIA. 

erably down, and whenever a price was to bo fixed, of coarse, nominally, 
the dei)reciation of the paper was not taken into acconnt in most cases ; 
bnt, ill fact, yon know of course that you cannot get for (iO cents a 
dollar's worth of work, and so, of course, I would say a cash-price 
for this kind of flagging would be about 75 cents ; that is to say, if it 
is dressed flagging around the circles up there, 75 to SO cents. 

Q. Which circles do you inean ? — A. 1 mean around the Farragut 
S(puire, around the P-street circle, around Scott statue, and around 
Mount Vernon Square. 

Q. Does that embrace furnishing the materials ? — A. Certainly. 

Q. I*^^ow, there is another class of flagging, this square-faced flagging 
as it is called, such as is down here on B street north, and I think some 
on Maryland avenue. And there is some of that through the mall f — 
A. Yes, sir. 

Q. What is a fair price for that flagging ? — A. As far as this is con- 
cerned, I was led by Mr. Oertly into an unintentional error, namely: 
After all this flagging had been laid on the circles up there, I had read 
infiiis contract, as far as I remember, furnished material to do such and 
such work. Then I knew the price was — I do not remember — 'GO or 
65 cents. Xow, one day, on May 14, I got a letter from John O. Evans. 
He requested flagging to be used for flagging across the mall to B street, 
northwest, which he had received the order for before. How he re- 
ceived the order I do not know. In fact, he was doing the work there 
without a price, it seemed; and since Mr. Oertly was cognizant of the 
fact, I refered it to him. He afterward laid before me a statement footing 
up to 84 cents a square foot, while I had at that time no idea whatever 
that this was a diiferent flagging. In fact, I ought to have seen it. 
For this I am to be blamed. My impression was that this was the same 
kind of finish which was up at the other reservations. I thought, theie- 
fore, that the price of 84 cents, which, in detail, he laid before me — that 
this was a fair price — so I signed that requisition for 84 cents ; but I go 
back of that. The cost-price of that is about 45 cents — furnishing ma- 
terial and putting it down. 

Q. Who did the principal part of the flagging around Government 
property ! — A. Well, I think that we laid about 300,000 square yards 
of flagging — 345,000 square yards of flagging. Of this Mr. Evans must 
have laid 200,000 square yards, and the rest of it was divided between 
Mr. Nicholas Acker, Mr. Morgan, and Joseph Fletcher. There may have 
been others, but I do not recollect them just now. 

Q. In looking at Fletcher's contracts, I notice the price there was fixed 
at 34 cents; since that there has been something said about 19 feet of 
parking. How was that price, 34 cents, fixed for laying that flagging ? — 
A. Well, in the original papers I find that there was nothing mentioned of 
sodding, because this question has been np officially in the last two or 
three weeks; and so I said to the board, I do not approve of this price ; 
but I believe that no sodding is included. However, at a subsequent 
date, when he was awarding a contract for sodding, the vice president 
marks upon it, "This sodding is included in the former i)rice." Now, 
the contract did not show that this sodding was included, so 1 was will- 
ing to let it go for what the contract actually was, to stick by an 
agreement yon once make right or wrong. The board directed me to 
take ofl:" this sodding, which I did ; and subsequently they reversed their 
decision and allowed him for the sodding. I think this was only two 
days ago. I wish to say I have never heard of flagging and sodding 
being put together. They are two different things, just as much as brick 



TESTIMONY OF ADOLF CLUSS. 2061 

uavemeiit and curbiiij;-. I do not see how tlie two can be brought to- 
j^ether, especially since, in some cases, tbe tiagging is only 4 feet wide, 
as in tlie case of B street, in tlie case of Seventh street, in tbe case of 
Twelfth street. In tbe case of Twelfth street it may be feet wide, 
Fonrteentb street 14 or 23 feet Avide. How, therefore, can you settle a 
uniform i)rice? It is not all alike. 

Q. Do you know tbe niarketi)rice of flagoing in 72, -73, and '74.' 

Tbe \VlT^■ESS. Do you mean tbe casb-price ? 

Q. Yes. — A. Between 17 and 21 cents, delivered in New York City. 
To tills you must add tbe i)ri(!e of frei<;bt here. Tbe price of li'eigbt, 1 
should tliink, is amply co\ered by 5 (rents. Tben, again, you nuist add 
to it tbe price of baul to tbe place wbere it is to be used, and yon 
must always take into account tluit in large contra(;ts, of course, tbe 
coutra<-t()r orders direct from tbe quarry and brings it to tliL- ])lace, 
wbile wbere smaller quantities are used, of course he has to have the 
stock in bis >ard. It has to be hauled, and it is a matter of tbe invest- 
ment of capital in bis yard. 

Q. Do you know from whom tbe board of public works made pur- 
chases of tbe tiaggiug ? — A. I do not. 

Q. Do you know of any contracts being made — were you consulted 
about any contracts in regard to tbe purcbase of tiaggiug '! — A. Tbis 
case baving been ni) for some time I examined closely the list of all 
tbe contracts, and I did not find any contracts recorded among tbe offi- 
cial list, so I have no idea at all. 

Q. You don't kiu)w who did make tbe (contract, tben, for tlie flagging ? 
— A. No, sir. I have also examined the report of tbe superintendent 
of ])r()))erty of 1873, and 1 see one kind is omitted, while curbing and 
otber [)ieces is included in bis report. 

Q. Do you know of any case wbere contracts have been executed 
after tbe work was done ! — A. Many. I tbink the rule has been to 
make the contractors sign tbe contract as soon as possible; but, then, 
tbe members of tbe board of public works don't sign them all at once ; 
they sign them in bulk. 

Q. Do you know of any case w bere tbe contractor has signed them 
after tbe work bas been done? — A. 1 know of several. 

(}. Wbat cases were those?— A. For instance, the case of Gautz & 
Ai)pleman, lor tbe B-street sewer. 

Mr. Wilson. I don't care about taking up time with that. 

(}. Do you know of any cases in wbicb tbe price bas been increased 
after tbe contract was awarded? If you <lo, state wbat cases they 
were, and wbat reasons tbere were for making sucb a cbange. — A. 
I remember tbere was, before I was a nuMuber of the board. One 
day I was asked about tbe i)rice of the Evans Concrete (Company. 
Tbere was an independent order of the board, and the vice-i)resident 
sent to me a note from wbich I inferred, I believe, that Cbas. E. 
Evans cS: Co. got >!2.8() or 82.1)0 for concrete, and tbe otber contract- 
ors were paid 83.20. At that time Mr. Chas. E. Evans had done 
some of bis best work at Fifteenth sti'eet between Pennsylvania a\cnue 
and II street, and also on I street, wbile the otber contractors, Mv. Jno. 
O. Evans »S: Co., ba<l done work wiii<;b was a dccideil failure in concrete 
pavement, especially on I'ennsyhania a\enue between Fifteentb and 
Seventeenth streets. So we thought, looldng at the (|uestion of law — 
I certainly re[)orted back, " I <lo not (juite see how a man who docs bet- 
ter work gets less pay than other men who do jjooi- work. Ollicially, 
as a member of the l)oai(l, I <lo not know anything about it; but this has 
been referred to me, and I Just answer. Olbci' cases I do not remember 
just now, but there may have been other. 



2062 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By the Chairman : 
Q. Was the amount paid to the Evaus Concrete Coni[)auy increased 
upon yonr statement ? — A. I think so. I do not know whether it was 
made retroactive or not. 

By Mr. Merrick : 

Q. I understand you, that certificate was made before yon became a 
member of the board, and that it was made in yonr private character, 
and not ofBcial? — A. Yes, sir. I was then inspector of buildings, and, 
as such 

The Chairman. I infer he was giving his best judgment. 

By Mr. Stanton : 

Q. You were an employe of the board ! — A. Y"es, sir. 

Q. Acting under ai)pointment of the board? — A. Yes, sir; I have 
continued to act up to this time, but of course without pay after I 
was appointed — became a member of the board. 

By Mr. Wilson : 

Q. Eight there, I will ask you this question : State whether you have 
ever had any extra compensation for your services as engineer, or have 
you simply had your salary? — A. No, sir; I liave never asked for any, 
nor have t claimed any. The question was put a couple of times when 
Mr. Willard became vice-president. The hitters addressed to me were 
not couched in sucli respectful language as I thought was proper for a 
fellow-member of the board. Mr. Willard afterward told me that he 
made a difference between me as an engineer of the board and as a 
member of the board. He said such salary was due to me. I asked 
him afterward what salary he was getting for performing duties of vice- 
president. Said I, " I do not see that anything is due to ine then." I 
wish to say that 1, of course, have had tor many years before I was a 
member of the board had a private office as an architect here. Long- 
before I was a member of the board drawings were perfected for a 
market-place on Capitol Hill by my employe, and this market-house 
I have finished since I have been a member of the board, and have 
received a little less than the regular commission would be. The 
whole charge for my office expendituies has been $2,500, and this com- 
pletes all. They owe me still a couple of little charges for work 
which we had done — personal outlays by emi)loyes of my ])rivate office. 

Q. Do you carry on your private office besides your duties as member 
of the board of public works! — A. I did carry it on. 

Q. Have you since you have been a member of the board of public 
works f — A. Yes, sir. 

Q. What has been the character of your business? — A. Erecting 
buildings, to some extent; but, of course, since I was a member of the 
board of public works, I have been considerably impeded in these opera- 
tions. I have at this day given it up nearly altogether. For Senator 
Stewart I erected a house last year, ami then a couple of other houses. 
I am also architect for a block of buildings on my own account, and on 
account of Hallet Kilbonrn and Alexander II. Shepherd. An engineer 
of a railroad acts at the same time as a consulting engineer of other 
railroads. And so 1 do not think there was any harm, provided I 
worked about sixteen hours, and devoted to my public duties nine. 

Q. 1 wish to know something about these main sewers in this city. 
In the first place 1 will ask you to state the prices at which these main 
sewers have been constructed, and then I want you to state in that con- 
nection how you arrived at those prices ; and if you have a map of the 
main sewerage of the city, I would be glad to have you exhibit that 



TESTIMONY OF ADOLF CLUSS. 



2063 



to tbe eomniittce. That is one of the matters specified in the subpcena 
to yon. — A. I"ii(ier your orders I liave brouglit the sewer map alone. 
Here is a map which contains the distinct marks in red inlc of sewers; 
also, in different colors, the sewerage districts as divide*! off by the 
legislature. [Witness proceeds to make an explanation of the map to 
the committee.] Under your instructions I have ])repared a table show- 
ing the cost of the main si^wers. 

The Chairman. That is the total cost, or the money expended '. — A. 
I have the total cost also, and money ex[)ended. 1 make the total cost, 
including ."> per centum for contingencies, 82, 435, 855.23, and the money 
actually expended as far as I could get it froni the engineers' oflice, 
from the vouc-hers there — it was a little diflicult to get it — 8l,407,()43.63 
is the anu)unt. This leaves uni)i'ovided for so far — that is, 1 mean to 
say, of course — this rei)resents measurements of sewers sent to the 
auditor; whether he has paid them all I am unable to say, but I have 
sent down to the auditor measurements amounting to about $1,405,643. 
I have also here, according to the re(]uirement of the subpcena, stated 
amounts paid by the United States on account of main sewers. 

Q. How uiucii is that! — A. 1 make it altogether $228,019.70. How- 
ever, in this estimate there is an item of 840,780 claimed to have been 
checked off subsequently, but tiu^ records do not show that any claim 
for ]j street has been detlucted. Deducting this item, there ren)ains the 
sum of 8170,130.70 as paid by the GovernnuMit on main sewers. 1 wish 
the committee to take into account that these tables have all been pre- 
pared since Saturday, and, of course, there might be an unimi)ortaut 
error; but it will give you a truthfiU picture of tlie whole state of affairs. 

Qi'EKV No. 13. — Suvh papers or statements as may he uecessarij to show the actual cost of 
main seuerage, as far as completed, and irhat amounts have been paid on account thereof by 
the United States. 



S "■ Contractors. 



Locality. 



Estimated 
or actual 
cost. 



GF.OKGETOWN. 



Collins Bcall street 

Ucallstrcet cxtCDSion. 



S22, 708 05 
]'2,0C0 00 



SLASH-RUN BASIN. 

Samuel Strong From between Twentiotli | 45, Og'j 33 

aiul Twenty-first streets 
to Itock Creek. i 

Kichar.l Morgan.. Twentieth street, from L i 11,399 85 
to M. 

Gantz& Apjilenian M street, from EiKlitoenth 22, 2G3 54 
to Twentietli. 

George Eollan.sbee Eiglitetuitli street 71,000 45 

Seveiiteentli .street inlet 15,000 00 

and sewer in V street. 

O. OHare I L street, from Fourteenth 23, 151 99 

to Twenty-second. 




834, 798 05 



I B-8TKEET INTEIlCErTI.Ni; II 
I SIN. 

! Section along wharf. 

Samuel Strong i Outlet at Seventeenth street 

do B. street, Fifteenth street to 

' Sevi'nteenfh street. 
Gant/, &A]iidcniaii B street, Seventh to Fif- 
teenlh street. 

do Canal laterals 

- Ni-w York avenue, Sevi'U- 

teenth to Tweuty-sev- 
1 cuth street. 



188,511 10 



.33, (iflO Oft 

.5,035 70 

38, 090 80 



93, 500 00 



2, 938 62 
.52, 000 00 



Total i>aid. 



§22, 798 05 



45, 089 33 

11,399 85 

22, 202 38 
71, OOii 45 

23, 151 99 



.5, 035 70 
38,090 80 



93, 500 00 
2, 938 62 



822, 798 05 



173, 510 00 



140,171 12 



2064 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Query No. 13. — Sudt papers or statements as may he necessary to show, ^c. — Contiuned. 



Coutractor.s. 



Whally & 15raiiiai t 
H. L. Gall her . . , 



Bartlett& William^ 



...do 

W. H. Atlamij 
...do 



Geo. Follausbce . . 

...do 

W.H.Adams ... 
Juo. Chapman ... 
Samuel Strong... 
A. C. Chenoweth . 



Gray & King . . . 
W. H. Adams . . . 
Pat. Cullinaiie . . 
Geo. Follansbee. 



■J. E. Gregg.... 
Samuel Stroui: 



Gaiitz & Apploman 



Locality. 



TIBEK BASIX. 



James Creek Canal 

Third and Maryland ave- 
nue to James Creek. 

Maryland avenue to Indi- 
ana avenue. 

North Capitol street, E to O 

O, First and Third streets. 

Third and P to Eighth 
street. 

Eighth street, R street to 
Grant avenue. 

Grant avenue and Eighth 
street inlet. 

Gravel-pit, Boundai-y and 
First street. 

E street, between Eighth 
and Ninth streets. 

K street, between Ninth 
and Tenth street.s. 

From Tenth and E streets 
to Thirteenth and F 
streets. 

Eliode Island avenue 

do 

Third street, southwest 

Maryland avenue, Third 
street to Fourth-and- 
a-half street. 

South Capitol street, canal 
to I) street. 

D street, between Second 
and South Capitol streets. 

K street, between Third 
and Nortb Capitol streets. 

Seventh street, East Capi- 
tol street to G street 
southeast. 
I street, Sixth street to 
Eighth, southeast. 

Seventh street, southeast.. 

Twelfth sti-eet, southeast, 
Pennsylvania avenue to I 
stieet. 

Pennsylvania avenue east. 
Twelfth street to Tenth 
street, and up Tenth 
street. 

Boundary street. Fifteenth 
street to Eastern Branch. 

Boundary street. Eleventh 
street to Fifteenth street. 

Eleventh street inlet, north- 
east. 

Between Second and Elev- 
enth streets. 

Pond at Second street east 



Total estimated or actual cost 

Add 5 per centum for contingencies. 



Value of work uncompleted or not begun yet. 



Estimated 
or actual 
cost. 



.'J84, 750 00 

.•Mi), no 00 

2G4, 551 9.3 

.370, 080 00 

120, 473 50 

99, 797 50 

49,544 30 

6, 000 03 

10, 000 00 

3, 123 00 

3, 500 00 

20, 205 00 



375 60 
14, 320 00 
12, 670 42 
29, 489 52 



3, 749 60 
12, 695 55 
13,000 00 
20, 000 00 

8, 658 16 

12, 000 00 

13, 250 00 

7, 500 00 

62, 283 01 
116,525 00 

8, 000 00 
130, 069 71 

25,000 00 



Total. 



2, 435, 855 23 



1,028,211 60 



Amount 
paid. 



$27, 589 50 
6, 400 00 

264,5.51 93 

172, 590 00 
103, 182 51 
99, 797 50 

49,544 30 



6, 000 00 
3, 123 00 



2,632 56 



375 60 
14, 320 00 
12, 070 42 
29, 489 52 



3, 749 60 
12, 695 55 



8, 658 16 



13, 250 00 

4, 20O 00 



34, 280 60 
71,994 00 



130, 069 71 



1,870,761 801- 
2,319,802 13! 



115, 993 lOi 



Total paid. 



1,071,164 46 
1, 407, 643 63 



Cost of 
compl eted 
main sew- 
ers. 



Ee.marks. — These figures are compiled from records of engineer's department, and from estiiua,tes 
for uncompleted work, or for work not commenced yet. Though not intended for minute mathematical 
accuracy, they will form a safe guide for a correct understanding of the involved matter.s. 

ADOLF CLUSS,i;M.7inccr. 

WAsm>fOTON, May 18, 1874. 



TESTIMONY OF ADOLF CLUSS. 2065 

Amoioits 2>ahl by United States on account of main sewers. 

Page 409, govcruor's Answer S40, 430 00 

>.t. :iO0 00 

§49, TPO 00 B street, ni.iin sewer. 

Page 413, trovernor's Answer 2, ;U4 00 New llainp.sliire avenue, (Slash Run sewer.) 

Pase 4:tO, governor's Answer 100, 39,S 43 B st., N. \A^., between 7th and 17th sts. 

Page 433, governor's Answer 02, 730 00 Tiber Creek sewer. 

Page 4-29, governor's Answer 21, 872 00 Missouri ave., (braueh of Tiber Creek sewer.) 

Page 4.'>fi, governor's Answer 22,82.") 27 B-streot intercept-sowKT. 

Page 439, governors Answer 9, 000 00 Conuecticut ave. ami M St., (Slash Run sewer.) 

Total payments by V. S. for main sewers. . 22^, 919 70 

ADOLF CLUSS, 
Engineer, Member JJoard Fublic Works. 
■Washingtox, J/rtj/, 1S74. 

XOTE. — The first item of $49,780 is claimed to have biM^n checked off .subsequently : but the records 
do not show tliat any claim for 15-street sewcr has l)i'('n receded from. Deducting this item, there re- 
mains a sum of *179, 139.70 as i)aid l»y Goveriuuent on main sewers. 

Q. How did yoa make up these prices — prices at which these sewers 
were constructed ? — A. Here is, for instance — that is the hirge section — 
the section constructed by Gregg «& Company, This sewer has but 10 
feet in diameter, and three rings 14 inches deep. In that sewer there 
is of course a very hirge haul for bricks there to use, and I have put in 
for bricks more than usual. This sewer contains per linear foot 023 
bricks, at 820, which makes $10.20; 8 cubic yards of excavation, at 
77 cents, which makes $0.10 ; 71 feet of shoring lumber, at cents, 
which makes 81.25 ; 30 feet of lumber for fo«ndations, at cents, which 
makes $2.10 — altogether 828.77. I add 18 cents for contingencies, mak- 
ing 82.87, making 831.04. Now, since this was understood that these 
men were to be paid in sewer-certilicates, and the vice-presidtmt and, I 
think, Mr Oertly, fixed 15 per centum as the depreciation of the paper, 
and therefore 81.77 has been added on that account so as to make a 
total charge of 830.38, which is now the price he gets. 

(}. That is the Boundary-street sewer 1 — A. That is for the last part 
of Boundary-street sewer. You know it decreases as it goes up. 

By Mr. AVilso:^ : 

Q. According to that the ])rice of this sewer has been increased over 
81 i)er foot by reason (jf the depreciation of the paper in which the con- 
tractor is paid ? — A. Certainly. 

Q. Does that same thing occur with reference to these other sew- 
ers'? — A. That has been done all the summer uniformly since the 
sewerage-bill passed. Now, it may be odd to you to have it appear 
that 77 cents a cubic yard is charged for excavation. This I wish to 
explain to you. You see these main sewers are very deep. Therefore, 
you must consider that in the trench of about 25 feet there are four lifts, 
and then, again, to construct a sewer you would have to construct three 
lifts more. Therefore, in making this ]nice for the sewer, I must calcu- 
late for the many lifts rctjuired. In that way we get at the price of 77 
cents. Tiie 77 cents is made up as follows : Taking and loosening the 
earth, stiff clay, and so on, 12 cents. Now, wlien he commenced, of 
course there was no lilt, but when he stopi)ed there were seven lifts; 
therefore, three and a half lifts, at l.'> (;ents a yard, make 40/;,- cents; 
levelling the sewer after it is built, 4 cents per yard ; tools, 2 cents ; 
this makes (J4/'„. Add to this 20 per «;ent. profit in the investment of 
the contractor, 12,-',, cents, and it would cau.se thecost per yard to be 77 
cents. The other prices need no explanation, because they are regular 
prices. 

By the CllAllMlAX: 
Q. Do you think that 8''>0 a foot is a reasonable price ! — A. Yes, sir ; 
130 1) r T 



2066 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

considering the payments these men got. I don't consider tbey make 
any money. 

Q. You have added 15 per cent, for depreciated paper ? — A. Yes, sir 
Q. You consider it a reasonable price ? — A. Yes, sir. I thinlv if they 
got cash and 15 per cent, off, they would make no more than fair busi- 
ness rates. 

13y Mr. Wilson : 

Q. Is the board of public works still letting contracts now ? — A. 
Most of the contracts that are let out now are let out for sanitary rea- 
sons, such as relate to alleys. No new work is being given out — only 
work that was torn up last year which it is indispensable to have fin- 
ished. Then, of course, there are many outstanding contracts, which 
occasionally notice is given to go on with. 

Q. Who had the contract for putting down the pavements, &c., front- 
ing the Government reservations, as a general rule — I mean in the 
streets ? — A. Well, it is hard to say; I conld not specify. 

Q. Are there any cases in the city where the contract for.gradinghas 
been let to one party and the contract for paving to another and a dit'- 
fereut ])arty ? — A. Yes, sir. 

Q. What has been the practice in measuring the pavement in cases 
of that kind — was all the grading measured to the man who did the 
grading! — A. Y'es, sir. 

Q, Was there anything deducted from the paving-contract on account 
of two feet of grade that was carried with the contract f — A. Well, I 
wish to say that up to November of last year, when I objected to the 
doing of work of this kind, on the ground that the bills were not made 
by the engineers, and made by what they call the auditor, and what he 
has dedu<:ted I am not able to say ; but I learn it has uot been deducted. 

Q. How do you explain that ''. What do you mean by that ! — A. The 
bills were made by the auditor. The measurements only were given by 
the engineer. 

By the Chairman : 
Q. The quantity given by the engineer and the amonnts carried out 
by the auditor ? — A. Y^es, sir. 

By Mr. Wilson : 

Q. Did the engineer fix the prices, or simply put in the quantities? — 
A. Simply the quantities. 

Q. Therefore you are unable to say whether there were any deduc- 
tions made or not? — A. No, sir; I hear deductions were uot made — at 
least, so far as I see from the published assessment-tables; that led me 
to infer 

By Mr. Mattingly : 
Q. The engineer's office made no deductions in quantities for that ? — 
A. They had no opportunity to make them. They were called on one 
day to kru)w how nuich grading there was on that street, and on 
another day how much wood pavement there Avas on it, and therefore 
there was this disjointed way of making accounts. It is because of the 
irregularity, as I consider it. 

By Mr. Wilson : 
Q. How has it been since November last ? You spoke of having ob- 
jected to this way of doing business. — A. I have uniformly looked to 
it, and I think in the first case that came up under my rule it may have 



TESTIMONY OF ADOLF CLUSS. 20G7 

been corrected. I slionld think in tlie ciise of tlie contr;it't on Seventli 
street, in fnuit of the market house, 1 didn't see the intricacy of the 
movement. One party had a power of attorney for tlie grading, and 
another party had a power of attorney from tlie original contractor for 
the wood ])avement, and so it may have l)een in this case. Mr. Filbert, 
he got the thing without deduction. I wish to say that I liave had a 
great deal of trouble to carry out the instructions so far, because the 
contractors, at the late season this year, objected often to the two feet of 
deduction, when they really had the contract together. 1 mean, es- 
pecially, j\[r. Filbert. 1 have had a great deal of troul)le with him. 

Q. With reference to what streets? — A. With reference to all his 
streets. He wanted to have his case opened, and have all the two feet 
that was deducted from him during the whole season added to his ac- 
count. Of course he addressed the vice-presi(hMit. The vice president, 
to the best of my recollection, recjuested ^Ir. IJarney to give him the 
total number of such streets, and what it would come to. Mv. Barney, 
as was his duty, communicated to me this action. I went afterward 
to see the vi('e-presi<lent, and thought that such action was not well to 
be taken without informing the engineer. At the time I found Mr. Fil- 
bert sitting at his table and arguing the (piestion. He refused, except 
afterward, as in one case, we allowed him. In this case, on F street be- 
tween isinth and Fifteenth, there was au increased trouble of doing the 
work. You must consider that, of course, in such a street as F street 
between Ninth and I'^ilteenth, where these railroads are in the center, 
coal-vaults at the side, and water-i)ipes and such things, that it is much 
more diflicnlt to do work than in the newly-made street, and so, based 
upon exi)erieiu;e of other places, the board concluded to give him, in- 
stead of the usual i)rices, no deduction, and, I believe, 45 cents a yard. 
And this I think he fairly earned, but it was an increase of price on the 
contract, no (hjubt. 

Q. Has there been any change made in the length of the wood l)locks 
that were i)ut in, and if so, when was it made, and under what circum- 
stances? — A. I am not exactly positive about that. The great trouble 
with our wood pavements is, that we have not got any exact specnflca- 
tions for them. We rely upon the patents, and in the i)ateut the 
length of the block is not stated exactly; it is simply described as six 
or eight inches long, or something like-that. 

Q. Was there any ofticial action by the board in regar<l to the change 
of the length of these blocks t — A. Not since 1 have been a member of 
the board. 

^^>. What (h) you know in regard to this matter of board fouuihition 
under thes<' wood ])avements 1' — A. This is again a mooted (]uestion. 
Jn sonu*. cases the i>atent prescribes a wooilen tloor, and in that case a 
wooden floor would not be paid for extra. lUit, then, in some cases 
these contracts were let, and the contractor had a choice of three or 
four different patents — the Miller, for instance, and the J)e Golyer, and 
some oth(?rs. Now, if he chose to select one where the patent di(l not 
re(piire a board foundation, ami the vice-president in going over the 
street would consider that the nature of the ground required a board 
foundation, then in su(;h case he was i»aid extra. 

(^. All of these different styles of ])avement wer<' i)aid for at the same 
rate, 3A ? — A. Yes, sir. 

Q. Home of them recpiired boar<l foundation, and sonu' not .' — A. Ac- 
cording to the description of the i)ateMt. 

Q. J)o you Unow what is the actual cash cost a stpiare yard of wood 
pavement; have you ever made any calculations on that.' — A. Well, it 



20G8 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

is easy, you know. I have never made any formal calculations about 
it, but it is easy to come to. Everybody knows the value of lumber. 

Q. What is it worth to have such pavement put down in this city? — 
A. I should say, if you include the two feet of grading — of course there 
would be two-thirds of a yard of grading, or, rather, a half yard is 
enough, because in some cases there will be hardly any grading, but in 
some full two feet, I should think, and 15 cents for grading. Again, a 
square yard of putting in gravel and foundation, I would state about 
20 cents, and 10 for — it takes a little less, but in 45 square feet 1-incli 
stick of lumber; but this is at present a cash price. It certainly can be 
obtained at the highest rate, at $30 ; but we must take treated lumber ; 
I shoukl say $32; it would make $1.41. And then, again, contracts 
have been made by men who had contracts for laying this down there 
at 50 and GO cents; so I would say, again, 60 cents more. Now, this 
makes, I tliink, 39; and to $2.39 you must add a profit of about 20 
per cent. That I consider a very liberal rate. 

By the Chairman : 
Q. You have not added anything for the, patent ? — A. O, yes ; 10 
cents, as a general thing, is the royalty. It might be 15 or 10 cents; 
that, I believe, is the rule. 

By Mr. Mattingly : 

Q. What do you make it in all ? — A. About $3.01, including the pat- 
ent. 

Q. Without any profit you make it $2.49, allowing 10 cents for roy- 
alty, without profits f — A. But I wish to say that in a price of GO cents 
for laying wood imvements the profit is already included. A man just 
hands the work over to another part}" to do it; the other man has the 
profit already in. 

Q. Sixty cents ? — A. Yes, sir. As a general thing the profits on 
wood pavements need not be so large, because the wood blocks can 
be obtained on credit, and, under general circumstances, would only be 
paid for whenever the money is paid by the employer. 

Q. Do you think you have allowed enough for lumber — 45 feet ? — A. 
Yes, sir, a plenty ; little less than that. These blocks are conical, and, 
just by reversing the saw, they use it over. They do not lose anything 
at all, except the thickness of the saw-cut. Y"ou see, there is a block, 
and then afterward, by reversing the saw, you make those blocks. 
Again, in such pavements like the DeGolyer, they have a space of about 
three-quarters of an inch, or very nearly an inch, between. In fact, it 
takes only from 40 to 42 feet. 

By the Chairman : 

Q. Your allowance for lumber is ample? — A. Yes, sir. 

Q. Y^ou include the burnettizing or treating process ? — A. Y"es, sir. I 
know at present parties charge $40 for treated lumber in the thousand, 
and take certificates in payment; at least, I have been called upon 
lately to sign a bill, and I find it is too much, and afterward the party 
who did the work told me that he had to pay $40 a thousand for the 
treated lumber. 

By Mr. Wilson : 

Q. Do you know anything about the grading on Seventeenth street, 

south of the War Department, and on Fifteenth street between Teun- 

sylvania avenue and B street ? — A. In my subpoena I was required to 

bring a statement of tliat. I find that though on the surface it seems 



TESTIMONY OF ADOLF CLI.'SS. 206') 

to 1)0 a heavy cbarge to Government, however, when I ^o into detail, it 
is not so much ; so the District has paid for this gradino- ou both of 
those streets S:U,005.J:0, and tive-sixths charged to the Government ; 
they charged s2r),172. Xow, why it seems to b(i wrong. The District 
pay what is based upon a moving of earth 4G,()85 cubic yards, while 
the Government charge is based upon the moving of earth of 75,510 
cubic yards; so I would say that though there seems to be an incon- 
gruity there, they have not charged too much, but have not charged iu 
the right way, 

[Witness here produced the following table :] 



2070 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



^ 


^ 


^^ 


s 


o 


5; 


o 


•s 


< 


© 


o 


^ 


H 


"? 




jj 






c3 


"^ 


H 


^ 


K 


"2 




^ 


W 
H 



^ 


H 


^ ■*_• 


H 
I— ( 




S 


1 5 


O 


-kT 


O 






^^ 


C5 


J g 


;z; 


?^ ^ 


HH 


t -is 


H 


a, CO 


^ 






rN w 


O 


•"H ^ 






H 


P 


M 


i» 


t> 


s ■* 


g 


"*~ ij 






a 


ffi 


"^ ^ 


H 


5 « 


>H 






l:s 


p^TD 


^ i 


fi^ 


~*H 


;^'X 


"S 3? 


^r 


i'*' 


o>i 




Ph^ 


|l 


OS 


=;:> t^ 


Ph - 


^ a 




"^1 


co;::) 


'^ 


!^^ 


£> S 


2^ 


'i'^ 


H 


? ^ 


a2 


'K 


c 


»=q 


o 


-5^ 






;/2 


.2 s 


K 




Pii^ 


s * 


^ 




a2 


^^ s 


t5 


©■ ^ 


< 


'^ s 


O 


i'^ 


H 


r^ i 


OQ 


■» S 


H 


■S -* 


;2; 


o'^ 


pi3 


•♦* f«i 




^ 


o 


p*^ ^ 
^f^ 


o 


a 


O 


t> 


5^ 


e 
^ 


I— 1 


.^^ 


>i 


a: 


12; 


i> 


^ 


S 


p-( 


55 


S 


^ 


o 


1 


o 


1 












'TJ 1 








1 












-r P - II 








0" 00" ire" 1 








w (Tl II 








" 1 1 








^ TS^^r 






-»^ t- 










fl a a 










>..|L| 










-*j 










■M b <D 










a £ - 










p.'S 








■^ 


S 5g 








£3 


tw p £ 










g 


"2 a 








> 


fl » 








C8 > 




















g fci^ 








m 


,-S S M 








<c 


n:; '1^ a 








"« 


^ S^ 








ifl 


J2 =^*M 

00 O'^ 








fV 








-w 


" a; 








'S 


'=" '2'3 








p 


'^ C3 5 











■ & ^t. 








^ 


§ -§2 




















d, 








oi !a =* a 






'a 








p- 






a 


ft, - - f=^ M 








M <S ce K y, 









« P E *^ f^ 






S 
< 


ft c 5- a t 






€ ^-'^ &. 








1 22? .2 
















,"^ .. ro 


W 








*S<?» <N 


in 








a » = 


ire" 








t; (t TfCTJ 


c- 








> ■^ 








"O 

















00 000 









CT ire 


^ 






■* « t^ T 


Lre 






0» M O! -T 









c= C-. f- ^ 







m 








-S 


0?" r-^ — *" ■v'?^" 






«» ^ 


r: 













<f- 



























• • < -*J -iJ oc (» 






,3 


a w a cs cs -S-ii 

m^ ^ ii 

K^^M.S S CO 






& 






1 










lill 1 ii 






01 


-'- • 5^ . *- - 






6 



^§3§Sa^",,^-^ 

1— . 0- "^ c; "t: rM 








w 


• -T- 


p 




_j, 




•w 


T3 









3 


Si 





i 




m 






> S 


{^ 




M 


fcb 


-^-1 Tf 


ire 






_a 


'^ 00 ou c* 


QD 






feO oo 


CI 








•s£j" s" ;q 


to" 






a 


e 
















a 






2 


_ 






'3 


3 


CD 






^ 


c3 


,a 


' t^ 


bo 


ra 





?• « oc 




CO 







S 


53 




=^ 


t-j 


>-. 




rH g ^ 





_o 




1 


ft 




S 




2 



u 





TESTIMONY OF ADOLF CLIJ.SS. 



2071 



• 




o to 


^ 




rSi 




c< n 


ou 


H 




O OD 


,_, 










'? 




f^ o 


o 


•5* 




cCt^ 


ao" 






«t 












^ 












S 
























« 






J£ 






"j^ 




















^ 




»» 


5 
















to 












e;^ 


c 




;g 


;2 




to 






to 


^ 












c 




1 












*^ 


.-^ 




^ 


^ 






b 














2 '■ \ 








c 


?) 


i = • 


to 


c 


E.X : . 






fcT't* • 


30 






to 




< J : 


1 




- - 2 
•3 X 


§ 




o 


^ 




o« 


-K 




L-5 


O 




!M 






-^ 


^ 




^J' 


'tr 




^ 


1 






«rs 
























^ 
















"S 




.- .* 2 




"S 




> ''^^ 




§ 




= - o 




* 




= £-3 




w 




'V* s ^ 






'^ 






^ 












c^ 




X 








~« 


*; 


"S 00 ? 




^ 


_v 


^ £« 








"y * T 






-s 














to 


"^ 


I'lg! 




s, 




^.'1 ^1 




"i-^ 


5 


t: c = » 




c 




V -^ ■ >J 






•3 






i 




^ S'= ? 




^ 


^^ 


— — "■ ^ 




■a 


5 


" — c^ 




® 


O 






"1 








;j 




^i'H 
















-^ i- ;m -" 












? 




'"" in 












1 






sf; 




i' '*• ^ - 


' 





"^ 



'li^ 



's. 





o 






r: o o 




-v^ 


1 






r 








-r o 7> 


66 1 








y. 




o o\ n 


o 












O 1^ *- 










— 




O r- O 


o 








-^' 




r-- f^- 


i.tT 








^/> 






s^ 








• w t" 


1* 


-J 


= o 








■ J» -r 


— 


ii 


T -r 










' 'Z ir 


«^ 


...J 


'•C T 


























; -r r- 


7i 


i- 


r< '■ 










i*'i*- 


^ 


-^ 












OD d ri 
















« <•/;« 








T 
























^ 


■i ^ : 3 




* : ? 
















11 T- ■ u 

15 ^ : L'l 




1 : 2 
















^■"5 : — 














r- • =t 




o 


.s j^ ■ " 




'1 • a 




O 


"= tc :•= 




= ; "§ 




■x. 


M :l 
















C3 


a; !- r 




^^ X 




, ^ 


cc . r 




r_^ 2 




r^ 












f>; C^ ■ >; -*- 


't't. ^ 




P 












-i: -2 ' -- 


c 


? 2 « 




.5 






To 13 




P 






|| 5 


1 


5 


T. '.! j 




•«3 -^ 
















^ ^ 










c :; 










> ^ 


















o 


« K 








c 


s = 








-5 


05. M 

li 

El 

D S 
CS cs 












■^ 


o . a> 


,. 


s> 






ro 


O CI 


o 


« 






rt 


II n 


X 


1 to 








T~ rc 




1 t— 






c» 


in to 




t- 






'■^ 


ocT o" 




cf 








o 


X 








"■' 'i 






1 s 




O O -T 


- o =: 


C 71 


O 




e o 






00 <r» r- 


2 o o 


T X 








1 




OC — . -" 


— -^ tr 


* O 






■*^_s 






CX) — — 


•^5ii 




I( 










C= — T 


?. ^ 


5J 




"c =s 






irf i— 'r* 


= l-T r- 


" 11 --- -f 


•:f 




B S 






<*> 


3'>» 


X ™ — ^ 










' ^ 






o*' . ' 


■^~ 








c: . 








c 




S : 


T- • : tf 


O C 








M : 


g : : § 


'k 




, c 






, ,; , o 






3 




!1 = 


1= : ^ S 
1 i « "=1 i 


'*- p 






c a a- 










Cm 


.. c o-t: 


■" o ■^ 


i2 1 § « 


■♦- 




O 






♦J ^-l O '-S a; 


yi 




:; 


r ti t^ - 


p.r 




~ a 




o 




f||i 


1c ti^ 


£1 = 
D f 3 




i 


1 1 IJ 


^ if-. 


= - 2 -^ - 






o 






t- S 




:j 


^ S rt 3 
f. >■>.> 
.- ■- 1- '- 


^- f. t 


X ^ Z re t' 

ilS12 o - 


£ 2 

c S 


1 




>'. 5 V S 


>.\i '-^ 


III e 1 


H 

a; C 






"H.?! O f 




^ X K 1~ 






5 '^' '-, ^ 




r i-rcT Iz 


C — ' 








^ ■^ -r 


"^ i = 




^— I* r; 


-c.c 


^ — -< (vf 






?? 


l< 


<, 


^_ « 1 




M 


f2 


n n 




C 


s 


S £ 




^ 






















cf 


o 






o 








































^ 




























1 


^ 


•-r 




•-r 




•-s 








1 



2072 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 





•=' o 








r 


o 






= o 






o 




ot ->• 






00 




m ■» 






00 




o n 






to 




ira"!)" 






CD 




(M 










<!«► 














' 










p 
















Oj 
















a 
















































u 
















a 
































o 
















O 
















CO 
















CD 
































cs 
































a? 
















r— 
















» 


a 












'3 


o 












P 


o 












>5 


■^ 












,a 














S 


cS 












'S 


bi 












A 


a 


























a 


oj 












3 














O 


to 












a 


'S 














1"^ 




































O^ 


























ct 




B O 










o a 






O 




o ° 






H 






















an 










';_, . 


M 








o t; 










q ? 


-r 








S g 


o 








O OS 












O 'H 




t^ 


oo 




c=«: 




r- 


C5 




LOOC 




,_^ 


o 








CO 






iOCT 




lO 


o 




f^"1» 




cf 


^ 




<©: 






^^ 


















r^ 
































O 
















&: 
















_o 
















































































































■a 


Q 




























o 

a! 
o 


a c 


bb 
a 


» 


^ 






oc 


^ 


a 






rr c^ 


?* 


o 








.. sib 




c^ 






O 


j-^a_r 


^ 1 


"cS 








C3 — ■- 


ct 








S its 


t -- 


,a 








a « a 












CS"^ 


3 -O 










O « ^i 


4 t-4 


t-t 








. cS c 


S cS 


a 








a f^;; 


-) >-. 


>, 








Jo C 


i o 


a 




















'^'■2-: 


3 2 


? 








3 a 




^ 




-e S 5 


i « 


o 


f^ 




1.^ 


t- 


1 "^ 


o 
H 




J H 


h^ 




MS? 










!• CO 


1 n 






QcTt. 


5" irT 


1 '"'" 








I Q> 






^ 


in 








o 


.n 








,=) 


m 








o 


«~ . 










CO +3 








o 


•-1 f^ 








> 


1 c 


E 















SQ 






^ 



w 



o o 


CO 


g!5 

CM 1- 


00 




o> 



.23 ^ 



O tH 

t£ O 

CJin 






<C o o 

1^ in m 
aiaf 






o 






a a 

Ml 



2 ^.a 



O O 00} o 

CO CO CX) Oi o 

O O CJ GO -^ 

t- •» CO -H o 

l^ to CO OI 1— 

-r" COCO-LO" 

■3^ 



.. o 

°^ 

CS - 

is !=Ji 
a^L' 
5 Sh^ 

c -»^ 



"ax 



a „ p 



OS cs a 3 
3:Sii:.a 

S^r^ to 

ct cS c3 rt 
, ^ Q Q Q ^ 

;m2333 
,^ a a a a 
^-; o o o a 

i' . ^ OI l^ CO 

: '-5 o CO C-. CO 
. ^ou co__-*_^co_ 



TESTIMONY OF ADOLF CLUSS. 



2.S - 
£■5 3 



a Hi 



Si 



5 _. ' 



U ij 
«- 






= - .5^5? - 



K ^ 



cr, 

a. 


X 


~ t- 


l> 


g 


Ph 


S 


r M 


s 


r- 




^ 


>5a 


^ 


2[ 






;^ 






?i 










-^^ 




■S X — 5 •" 










"3 •= i s ^ =■" 




















&^I-?2i« 






s 








^ 




Ml'l'^l^ 






"^ 




^ * K ? r if 






''^ 




V i- J = j; 






§ 




27--" =: i..9 







W ^H-^^ 



2074 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Explain that. — A. For instance, if you buy a horse for |500, and 
afterward a man brings you a bill for two mules for $230 each, you 
were not cheated and tlie bill does not do right; and so it was here. 

Q. Is that th§ way these things have been kept? — A. It seems so. 

Q. Explain this again. — A. You see there was in the Government ac- 
count — there was moving of earth to the amount of 75,000 and odd cubic 
yards — was im])lied — while actually only about 40,000 yards of earth 
were moved; but then the contract of Mr. John O. Evans — he got a 
very large allowance for haul — so that in fact one yard of cubic earth 
cost the District a dollar, and they charged, instead of this, two cubic 
yards to Government at 50 cents each. That is the whole truth. 
By Mr. Mattingly: 

Q. Whose measurement was that done on? — A. The measurement as 
reported in the engineer's office I have given here, and these measure- 
ments, I hope they are not too much. I think they are right ; but these 
measurements have been put in a different shape by Mr. ISamo and Mr. 
Forsyth, it appears, if the paper don't lie. These measurements, you 
knew, they injplied the parking of about 46,000 yards, and then after- 
ward they charged for it in such way, and as if there had been moved 
75,000 yards ; and instead of charging one dollar, as ought to be charged 
here, tliey charge only 50 cents for it. I don't know that I can explain 
it any better. 

Mr. Bass. It makes the aggregate price the same. 

The Witness. The aggregate price, as I say, is one horse and two 
mules. 

By Mr. Allison : ^ 

Q. If I uiulerstand you there was in fact only 46,000 yards of earth 
moved, while there was charged to the Government 75,000 yards? — A. 
Yes, sir. 

Q. Now, the cost of the moving of 46,000 yards was one dollar? — A. 
This bill will show it to be so. 

Q. You say it is 40 cents, and tlien 63 for hauling? 

Mr. Allison. One dollar and two cents, and so on for a portion of it. 
It is a fill ? — A. Yes, sir. 

Q. Where did the earth come from? — A. This bill, in making up this 
statement — I look at the original ])aper, of course, and I find that the 
bill was made under instructions from Mr. Barney, aiul then that fill 
was lelt in blank, and Mr. Oertly, who had been in charge under the 
direction of Mr. Evans, w^orks iu his figures, I notice, the quantity and 
the haul inserted. This was, most likely, done after I had signed the 
bill, and so the bill went on. 1 can produce the bill. 
By Mr. Wilson : 

Q. Where is that bill ? — A. It is down at the board. I can bring the 
book up. 

By the Chairman : 

Q. Do you know the reason why, or is there any reason why this 
quantity should be increased and the price reduced, except to divide 
the two mules, instead of the horse; was there any special reason why 
that should be done that you know of? — A. I do not think there is any 
excusable reason. 

By Mr: BASS : 

Q. Is not this reason — this 46,000 yards of grading, 36,000 yards of 
hauling- — while the Government is charged for no hauling, it being as- 
sumed to be all grading at a uniform jirice to make the average ? — 
A. That is it. I do not believe in the svstem of averages. 



TESTIMONY OF ADOLF CLUSS. 



2075 



By Mr. Wilson : 
Q. Have you the stateiiiciit in regard to the cost of tlie sewers on G 
street, northwest, between Twenty lourth and Twenty-sixth streets ? — 
A. Yes, sir ; I have here a tabnhir statenu'nt of these (|uestions pro- 
pounded to mo. and it is on the adjoining; i)aper. On tlie second pa^e 
vou will tind the statement of the G-street sewers. 






c o 



llccmiriiucnt of coiiiniittee. 



i:rii 



"7 S o 



SCO 00^ 



Remarks. 



3. StatiMiiont of actual cost to board of 

])iil)lic works of ;irailiii^ of Si-vi'n- 
tifiith street, south of the War I)(!- 
]iartTiicnt, and of Fifteenth street, 
northwest, hetweeu I'ennsvlvania 
aveuue and JJ .street; al.so what lias 
lieeu paid for tlie same by United 
Stati s Government. 

4. Statement of actual cost to board of 

public works of sewers on (J street, 
lietwet^n Twenty-fourth and Twenty- 
sixtli streets, northwest. 

,"). Stateiueut of actual cost of all grad- 
inj; on Maryland avenue, between 
First and Fifteentli street.s, uortlieast. 
(This includes Stantiui .Souare.) 

7. Also cost to board of i)ublic works of 
. grailin;r on New Jersey avenue, be- 
tween 15 and E streets, southeast; also 
what has been charged for same to 
Government. 

g. Same infoi-mation for South Carolina 
avenue, between Si.xth, and Seventh 
street.s, east. 

9. Same information for North Carolina 

avenue, between New .Jersey avenue 
and Fourth street east. 

10. Same information for Connecticut 
avenue between II street and Bound- 
ary, nortliwest. 

C. Aetuid expenditures for tlio different 
kinds of inclosures and fences u.sed 
by the Ixiard of puldic woiks. Iron 
)>ost and chain, or jiost and rod in- 
closure, Gray &. No\e3, manufic- 
turers ,lG,(i!)!) linear feet inclosures, 
costing, (or cost |>er linear foot, in- 
elu^ling settiiij;, .*l..'>4. ) 
AVire fence, Uufar iV (Jo., Baltimore, 
luanufartureis, 7,402 linear feet in- 
closures, custinfj, or cost per linear 
foot, including gates and setting, 82 70. 
Wrouglit-iroii ornarnwital teuce, J.B. 
M'ickersham, Philadelphia, manufac- 
turer, (approxim.ating) (j,.'iiiO linear feet 
iiielosuies, costing or cost per linear 
foot, including gates and setting, (ap- 
proximating,) .*-J.7.'). 
AVo»den rail-fence, II. V. Cfdton, niiiker, 
).tr',.'>4,i line;ir leet. or "JUi miles line:ir. 
costing (or cost per linear font.) 40 cents. 
Misci;llane(»us wroughl-iroii and 
wire-fence work, .lames H. 
Mead, iron-worker, Washing- 
ton, 5c',"> feet new railing, (av- 
er;ige jirice, i'.i.'O per linear 

foot.) «l,4:tii 1:1 

1,590 feet railing taken uj), al- 
terefl, and repaired, (aver-ige 
price per line;ir foot, 00 cents). 2, IfiO 00 



S31, 09J 40 §2.1, 1--2 00 



2, 125 20 
?5, 408 56 
11,015 98 

5,267 64 
9, S21 70 



8,091 83 
95, 020 33 
16, 688 00 

9, 481 33 
31,306 67 



16, 933 07 I 27, 661 20 
25,689 65 



No grading doni^ between 
Sixth and Thiiteentli st's, 
except tin 8 stilted here. 

This is a valu;ible gravel and 
sand pit. and the grailing 
ought to have been a smirce 
of revenue, rather than a 
charge. 

Memorandum. 



17, 900 00 



5,5,41c 00 



This item is approximate, 
since the exact ligures 
were not at disjiosal. 



3, 601 03 



123.04^20 

Mi'moranduin. — 'I'lie " cost to the board of public works " is a compilation from the oHicial records on 
tile in the chief engineer's t>Hice, board of itublic works ; but for the "amount paid bv the I'nited States 
Government " no other .source wiis availaldn. ex<;opt the statements in the govi^rnor's answer. The en- 
gineer's department, board ol public works, is in no way connected with these latter mea<«urementM, 

AI)()LFCI,rs,S, 

Mav I-, H7I. Eitijini-er ami 2fc>iihrr Iloanl <»/ I'liMir W'ork.'t. 



2076 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

2 o'clock p. M. 
Examination of Adolf Cluss resumed. 

By Mr. Wilson : 

Q. I want to ask yon some questions in relation to this tabular state- 
ment "wiiicli you hare made up. With reference to Seventeenth and 
Fifteenth streets you have already explained. — A. Yes, sir ; and I have 
here the book which you asked me for. 

Q. Have you the voucher "? — A. I have. The committee has requested 
me to furnish this voucher of John O. Evans, for Seventeenth street, 
where 19,084 cubic yards of fillinj? is charged at the regular price of M) 
cents, and then again a haul of 5,000 feet, above 200, which makes 
again 02 cents per cubic yard. I wish to say here, that in a different 
handwriting from which the whole voucher is made out — I do not say 
that there is anything wrong about it, but wish to prove that when I 
signed these vouchers that $1.02 J a yard was paid for that fill, includ- 
ing the haul ; nor did I know the amount. In this one case I may 
be considered culpable, in having allowed such a thing to pass without 
an explanation. This is in the handwriting of Mr. Oertly. 

By the Chairman ; 

Q. Yon say that that is in a different handwriting ? — A. Yes, sir. 

Q. How do you know that? — xV. J t clearly shows u})ou its face the 
writing, and I know the figures of ]\[r. Oertly's very ])articularly. 

Q. You think that clearly shows upon its face a different handwrit- 
ing ? — A. The vouclier contains a good deal of the writing in the hand- 
writing of the clerk who makes up these things, and afterward a num- 
ber of the cubic yards of tilling, as well as the haul, is in a different 
handwriting from the rest. 

By Mr. Wilson: ^ 

* Q. Whose handwriting is that ? — A. Mr. .Oertly, the assistant engi- 
neer. 

By the Chairman : 

Q. The word filling and 10,084 and 5,000 and 200 are in difterent 
handwriting. — A. Yes, sir. 

Q. John O. Evans is also in the same handwriting as the word filling, 
is it not? — A. No, sir; I do not think so; this is in the same handwrit- 
ing as that indicated. The clerk who makes out the bills has that all 
right. ■ 

Q. You think that ''John O. Evans" and " filling" is written by two 
difterent i^eople? — A. Yes, sir; but I claim that this and this are not 
written by the same hand, [indicating,] and that this was written after 
I signed the voucher. 

Q. This voucher was originally signed by Charles E. Barney, was it 
not? — A. Yes, sir. 

Q. Is that Barney a different handwriting? — A. That is his writing. 

Q. Is the handwriting of John O. Evans in Barney's handwriting ? — 
A. ^o, sir; the clerk makes out this bill. 

Q. I do not ask you how it is done ; I ask you if John O. Evans and 
Charles E. Barney are two difterent handwritings? — A. Yes, sir. 

Q. Then those amounts were blank when you approved the voucher ? — 
A. To the best of m.y knowledge. 

Q. Bo you know anything about it?— A. It is now six months after 
this thing turned up, and only on Saturday, when I was asked to furnish 
iufornuition, I looked up this original voucher, as was my duty, and 



TESTIMONY OF ADOLF CLUSS. 2077 

then 1 loiiiul this tliiiifj" liere, and never liaviu*;' known that thin^e was 
such a price i)ai(l I'or lillinj^', when accor(lin<;' to my examination this 
earth came Irom other streets. I do not know how Mr. Evans can get 
10,000 yards of tilling except from the other streets. I cannot think 1 
was fooled into signing a bill if this was in actually at the time I 
signed it. 

Q. You think that these two items, then, were blank when you ap- 
proved this voucher? — A. That is my impression; my confident belief. 

r>y ;Mr. Stewart : 

Q. AVhose duty was it to fill up those blanks t — A. .\s a general thing- 
it would be Mr. IJaruey's business ; but Mr. Oertly, under special orders, 
attended to work of Mr. Evans, and here he has filled that in, and Mr. 
]}arney is not responsible for this part of the voucher. 

Q. Tile words'' filling," you say, ami "John (), ICvans," are in difter- 
ent handwritings t — A. Yes, sir. 

Q. Are the words •' UUing'' and "blue" in dilferent handwritings? — 
A. Yes, sir. 

Q. And the word "filling,'' and the word "concrete" are in different 
handwritings ? — A. Yes, sir. 

Q. The concrete is in l>arney''s handwriting.' — A. No, sir; that is 
similar handwriting to his, but it is not the same. 

Q. What do you say about that handwriting .' — A. This is the same 
as that, [indicating, I but it shows clearer. Mr. Oertly measured this 
work on special orders. This voucher was made out, and then after- 
Avard in this voucher, by which Mr. Oertly's statement was made out, 
that filling \vas afterward added, so that 1 do not know anything about 
the figuring, whether it is right or wrong. 

Q. On the slip of paper pasted in, it is in Oertly's handwriting? — A. 
Yes, sir. 

Q. As is the word "filliug" down here ? — A. Y'^es, sir; and also the 
figures here, [indicating.] • 

By Mr. Wilson : 

Q. Do you know where that earth did come from that was filled in 
tlu're ? — A. I do not. I tried to see Mr. Oertly since I was subpcjeuaed 
on Saturday afternoon, but 1 did not succeed in finding him. 

Q. Is there any i)lace that it could have come from except the streets 
or avenues ? — A. It could not possibly have come from anywhere else 
but from the streets or avenues, because it would take too many cellars 
to fill such an amount of earth. No private sources are available to 
bring such an amount of earth to the streets. 

Q. Now, going on with this table, take this statement which you say 
is the detailed statenu^it of which this that I hold in my hand is the 
supplement or recapitulation ; I find the second item in this recapitula- 
tion is the statement of actual cost to the board of public works for 
sewers on (x street, between Twenty-fourth and Twenty-sixth streets, 
northwest, i)ut down at 82,125.20, and tiui amoiint paid by the United 
States as its sliare 88,091.83; can you tell how that difference arises ? — 
A. I cannot. 

Q. It would appear from this that the United States paid lUMrly 
80,000 nn)re for this sewer than it cost the board of ])ul)li(! works ? — A. 
This is what the records of the engineer's office would show. 

(}. That is shown by the records of ;^ our ollice ? — A. Yes, sir. 

(}. Do you know whethei- there is any old sewer embraced in that 
that had been formerly paid for? — A. There is no old sewei- about there. 



2078 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

Q. So tliat the discrepancy could notliave arisen tbere? — A, There is 
a difterence in the n amber of linear teet, as well as in the price. There 
is no more than 840 feet there, while there is charged li,0(JG linear feet. 

Q. What did that sewer actually cost — that 800 and odd feet! — A. 
Two thousand one hundred and twenty-live dollars. 

Q. At what rate have they charged that to the Government ? — A. 
Eight thousand and ninety-one dollars aiul eighty-four cents. 

Q. They charged an extra number of feet, and at what rate did they 
charge per foot f — A. They charged it at 84.70, their average price. 

Q. That next item I find is a statement of the actual cost of grading 
on Maryland avenue, between Firstand Fifteenth streets, northeast, and 
the amount it cost the board of i)ublic works as you have it here is 
$85,408.56, and the amonut i)aid by the United States is $95,020.8"^.— 
A. That is correct. 

Q. How do you account for that discrepancy ! — A. I cannot account 
for it. 

Q. The next one is the cost to the board of ])ublic works of grading 
OD jSTew Jersey avenue, between B ami E streets, southeast; also what 
has been charged for the same to the Govcriiment, the amount, cost to 
board of public works, 811,015.95, and the amount paid by t!ie United 
States, 816,(588; how do you account for that ? — A. 1 (cannot account for 
it. I have taken the records and made up the statement. 

Q. On South Carolina avenue the cost to the board of i)ublic works 
seems to have beeu 85,267.64, and the amount paid by the United States 
89,481.33, and you have made a note here, "Xo grading done between 
Sixth and Tiiirteenth streets, except this stated here." How do you ac- 
count for this discrepancy ? — A. I made this note because it was difficult 
to part the quantity between Sixth and Seventh streets, and so I found 
that the only grading on this line was between Sixth and Seventh 
streets. Of course the contract between Sixth and Thirteenth streets 
is identical with the grading between Sixth aiul Seventh streets. 
' Q. In North Carolina avenue, between New Jersey avenue and Fourth 
street east, you have it here that the cost to the board of public works 
is 89,821.70, while the amount paid by the United States is 831,306.67. 
How do you accouht for that discrepancy ? — A I find it on the record. 

Q. Do you know of any way of explaining how it happened that the 
United States paid so uuich more money than it actually cost? — A. I 
account for it perhaps in this way : this whole street is a large gravel - 
bank, and, of course, before the board of public works came there, and 
since Mr. Barnes has been paid for it, everybody came there to take sand 
and gravel ; and, of course, the trouble has beeu for the board of public; 
works to keep them away from taking that gravel without paying for it. 
Now, according to my assumption, this whole street ought to have beeu 
a source of revenue to the District, instead of a charge ; but in making 
up this account, right or wrong, I had to say that I found that 
89,821.71 has been paid on account of this gravel-bank — to reduce that 
gravel-bank — and the Government has been charged, according to the 
Governor's Answer, 831,000. I suppose they fall in error, perhaps, ou 
this account, because all the gravel which was taken away by parties 
they made it a charge. 

Q. They measured that up and charged it to the Government? — A. 
I think so. 

Q. You think that must have been the way in which it was done ? — 
A. I could not account for it in a diftereut way. 

Q. On Connecticut avenue you have it that the cost to the board of 
l)ublic works was $16,933.07, and that the United States has paid 



TESTIMONY OF ADOLF CLUSS. 2079 

$27,261.20; liow is tliat <lis{'repaiiey accounted for, if" tlieie is any way 
of accoiintinn' for it ' — A. It is the same as the otiiers. L have taken 
the records without talcing- the time to lind tlie reason w!iy. 

Q. Do you know of any reason why that should l)e so ? — A. Xo; there 
is no good reason why an engineer who has to deal with (quantities and 
facts shonhl assume anything. 

Q. What, if anything, do you know in regard to filling the canal ; who 
did the work, aiul how it was [>aid for, and how the charges against the 
United States on that aeconnt were made ? — A. 1 do not know. In the 
engineer's office, to my knowledge, not a single voucher has been passe«l 
involving one cent in filling u[) the canal. An account was kept by an 
inspector whei'e various suiall (juantities — 1 do not think they wonld 
aggregate a thousand dollars or so — have been brought in from different 
little i)arties who filled in some, but the mass of tlie filling eame from 
the streets and avenues. 

Q. We had here the other day a lot of vouchers in favor of (ileason, 
a very large anu^unt of money for filling that canal; do you know 
anything about those' — A. I have here a book, which is the Journal 
of the engineer's office of the board of public works, where all the 
letters received and the answers are entered. This book is kept 
by a clerk. I do not look at it every day, although occasionally 1 look 
over it. One day, in looking over the book, I found here entered Albert 
Gleason, August 2Gth, application for estimate of grading in square 212; 
also for E street south, from Tenth to Thirteenth streets west ; also for 
C street south, from Thirleenth to Fifteenth streets west; for Fourteenth 
street west, from 1> street north, to li street south; for Twelfth street 
west, from B street north, to 11 street south ; also Tenth street west, 
from F street south to Waiter street; filling on ^laryland avenue from 
Thirteenth to F'ourteenth streets; grading Maryland avenue west, from 
iSeventh street to Long L>ridge, lihode Island avenue, between Fourteenth 
and iSixteenth streets west ; F street, between Seventh and Ninth streets 
west ; II street south, between Seventh and Xinth streets west; P street 
north, between Twelftli and Seventeenth streets west; also, an estimate 
to cover expenses of Seventh street west, between E and G streets north ; 
F street north, between Fifth and Ninth streets west. I find that five 
days after this application was made to the board of i)ublic works — and 
it generally takes a day or two until such application reaches the engi- 
neer's office — I find on Se[)tember oth, five days after this application 
was nuide. Assistant Engineer Oertly, without the aid of instruments, 
without the aidof rodnuMi or anybody to hell) him. had made an estimate 
on all these streets. Tlu' estimate is signed here September 1, 187^5, B. 
Oertly, deputy engineer, delivered to Mr. Gleason by order. The 
voucher is for .SI4.S,2.>().11. 

Q. I5y whose order was that done ; yours ? — A. \h soon as 1 found it 
out I asked .Mr. Oertly — in looking over the books 1 saw the same 
thing had been done in several instances also — I asked him how he did 
this, lie said that I must not blame him, that he was following the 
orders of the vice-president. 

Q. llavc you a copy of that voucher? — A. This is all the record 1 
have. 

IJy the ClIAIllMAN : 

(}. Give the page of that book, sir. — A. lli*,). 
Wy Mr. Stewart : 

Q. WMio was vice-president at that time .' — A. .Mi. Sh('|»lierd was 
vice.-i)i('sident, 1 think. In looking over this J)ill I found \arious items 
which looked to mc very odd; shall I lead the bill of items 1' 



2080 AFP^AIRS IN THE DISTRICT OF COLUMBIA. 

By tbe Chairman : 
Q. Was that made by Oertly ou these several streets ? — A. Yes, sir ; 
the total amount of work done by Albert Gleason, esq., ou the follow- 
ing streets, namely: Twelfth street, from B north to B south, taking up 
cobble and old material, setting curb and sewer, $4,264,00 ; E street 
southwest, from Tenth to Thirteenth street, grading and hauling to 
canal, $17,765.25; I street southwest, from Seventh to Ninth, grading 
and hauling to canal, $15,184.58 ; Square 212, grading and hauling to 
canal, $19,600 ; C street southwest, from Thirteenth to Fifteenth, grading 
and hauling to canal, $5,127.42 ; Maryland avenue, from Thirteenth to 
Fourteenth street, filling, $1,074.15'; Maryland avenue, from Seventh to 
Eleventh street, grading and hauling to canal, $4,582.00 ; Tenth street 
southwest, from H to F street, grading, $1,623.60; Fourteenth street 
west, from B to B, $4,843.93 ; H street southwest, from Seventh 
to Ninth, grading and hauling to canal, $5,841.29 ; Massachusetts 
avenue, digging trenches for retaiuing vaults between Fourteenth 
and Fifteenth, $98; B street west, from Twelfth to Fifteenth, sewers, 
$4,850.40 ; F, from Sixth to Ninth street, and Seventh street west, 
from E to G, $56,121.60; Ehode Island avenue, $7,253.22— total, 
$148,230.11. Now, on looking these things up, 1 found that another 
voucher was passed, also concealed from me, for about one-half of that 
amount, and that the amount of the former voucher is carried over here, 
so that this voucher represents both ; but I could not possibly see how 
Twelfth street could be any way exactly measured in four or five days 
without the aid of instruments or assistance of anything, so I looked a 
little at it. I wish that the committee in full or a subcommittee should 
go to E street southeast, from Tenth to Thirteenth streets, where 
$17,765.25 is charged for grading. If they will look at the gradiug they 
can form their own conclusions. 

By Mr. Stewart : 
Q. Did you measure that afterward? — A. I did not think of that, 
because I thought Mr. Gleason would come for his final voucher, as we 
call it, this being a partial measurement. I was waiting for this final 
voucher, and I certainly would have looked this matter up ou the final 
voucher ; but under the very queer instructions of the board of public 
works, the engineer's office is prohibited from making any measure- 
ments, i^artial or final, without its being asked for it ; so of course, if a 
man has another measurement, in a partial measurement he will never 
ask for a final voucher. I have told that frequently to Mr, Willard, but 
he don't see the point. 

By Mr. Wilson : 
Q. So that Mr. Gleason has not called for the final voucher on that 
case '? — A. No, sir ; that has been the last that has been heard from him. 
This is dated September 1, 1873. 

By Mr. Mattingly : 
Q. Have you measured that yourself '! Do you know how much 
would be the proper amount ? — A. Under instructions of the vice-presi- 
dent in the engineer's office, as I have stated, there are two rules, which 
I have never regarded as binding, however — that the engineers shall not 
measure any work unless there is a distinct order from the vice-presi- 
dent, and so, of course, I was deterred from sending out a party to mea- 
sure this work over. 



TESTIMONY OF ADOLF CLUSS. 2081 

By tlic Chairman : 

Q. Wlii'ii did you see that entry on the books ? — A. Several weeks 
after it was made. 

Q. You did not see the first entry at the time? — A. Xo, sir. 

Q. I understand you to say there were four or five days intervening 
between the time tliat that a[)[)li('-ation was filed and the time that the 
measuriMuents were ma«le ? — A. Yes, sir. 

Q. Y"ou did not see that entry nntil several weeks after it was made ? — 
A. No, sir; I did not. 

Q. \Vliat did you say to IMr. Oertly ?— A. T told My. Oertly that I had 
noticed a number of such measurements irre<»ular, and I told him that 
if he was repeating those things there would be trouble in the office 
and h«' would have to leave. 

Q. ^Yhat did he say to that ? — A. He said that he would not repeat 
it; but since that time, of course, most likely he thought that the vice- 
president would have more strength than I, and he followed his orders 
to some extent. 

Q. Did he say to you that they were extraordinary measurements, or did 
he claim to you that they were true measurements! — A. He did not say 
either, but he said he had done the whole with extreme reluctance ; that 
he did not like to disregard me, but he followed orders. 

Q. He did not say whether they were correct or incorrect measure- 
ments t — A. Xo, sir. 

Q. Do you know whether they were correct or incorrect measurements ? 
What is your opinion as the chief engineer of the board ? — A. My opin- 
ion is that they are gross outrages. 

Q. That they were excessive measurements? — A. Well, more than 
that; more than excessive measurements. 

Q. That they were frauds ? — A. I think so. At least the one I men- 
tion and asked the committee to look at. 

Q. Wlieu did you come to that conclusion ': — A. Well, at the time when 
I noticed these voucliers. I did not go around the street, because I was 
waiting for the opportunity when the final measurement was called for ; 
and then when this final measurement was not called for, for which I 
was waiting — then it might have been about Xew Year's, last winter — 
1 went around to see what those things nu'ant. 

Q. And then you made u}) your mind that they were fraudulent meas- 
urements I — A. At least the one that i speak of. The others were ex- 
cessive, in my opinion, and these were fraudulent. 

I}y :Mr. Stanton : 
Q. And yet you never took any measurements yourself, you say ? — 
A. No, sir. 

By the Chairman : 

Q. Did Oertly tell you who directed him to make those measure - 
jn(.nts '. — A. I spoke as I am accustomed in these things, pretty loud 
when I found this thing out. >Mi'. Oertly, to the best of my recoUec 
tion, fold me that the vice-president ordered him to do so. 

Q. Who was he ? — A. Mr. Shepheid. 

Q. Mr. Shepherd was vice-president at that time? — A. Yes, sir; and 
that 1 remember distin(;tly, that oiu' of the clerks told me afterward that 
I had l>een rather too lianl on Mr. Oertly, l)ecause Colonel Magruder 
had been waiting hardly until the ink was dry to take the vou(;lier off. 

Q. Did you mention this to either Governor Shepherd or Colonel 
131 DOT 



2082 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Magriuler afterward ?-r- A. From my experience that I had before, I did 
uot; 1 waited for my time until the final voucher was called for. 

Q. You never spoke to either of them on the subject '? — A. No, sir; I 
merely repeated to Mr. Oertly that he must not do it again. 

Q. Well, has he done it since f — A. He has acted under the orders of 
the vice-president or governor, without informing me, repeatedly. 

Q. Since ? — A. Since ; yes, sir. 

By Mr. Wilson : 
Q. Have you made an examination for the purpose of ascertaining 
what is the average cost of pipe-sewer which has been pnt down by 
the board of public works in this city ? — A. Under your subpcena of 
Saturday I was directed to do so, and I have prepared here a table 
which is based upon the only reliable facts, from the assessment sheets. 
I have taken the assessment sheets as published in the report of 1872. 
I find there about twelve dilierent lines and streets, aggregating 53,993 
linear feet of pipe-sewer, and costing $180,54C.'61. Therefore the aver- 
age cost of one foot of pipe-sewer in 1872 was $3.34. This was infor- 
mation accessible on the 1st of December, 1872, when it was printed ; 
but then I went further, and took the report of 1873. There are agaiu 
14 lines of pipe-sewers detailed; they aggregate 00,526 linear feet, and 
cost $130,821.89, which makes $2.26 for the average price. Agaiu, I 
went to work and aggregated the sewers in both tables, and I find the 
average price of common sewer, including traps, mau-holes, &c., for a 
term of two seasons is $2.77. I wish to s^xy that this includes all the 
sewers that 1 find not charged or chargeable as maiu sewers. The state- 
ment is as follows : 

[Query No.lS. Sucb papers or data as ^vill sliow the average cost of sewers not embraced in the main 

sewers. 1 

Average cost of severs in 1872, wcludwr/ hrich avd iile sewers, lut excludivg main seweis ; 
compiled from assessment-sheet, as published in report November, 1872. 



Location. 



o =s 
c a 






Sixteenth street, northwest, H to Boundary 

Seventeenth street, northwest, New York avenue to M 

Pifteeuth street, northwest, New York avenue to K 

Seventh street, northwest, 1! north to river, (inchiding 30 feet 

brick sewer, equal to 2,1)40 feet) - - 

I street, northwest, Fifteenth to Seventeenth 

East Capitol street. First to Eleventh 

Vermont avenue, I to Massachusetts avenue 

Fourteenth .street, northwest, H to N 

Alley, square 221 - 

D street, northwest, between Sixth and Eleventh 

Third street, northwest, Indiana avenue to New York avenue, 

(including 3,292 feet of 30-inch brick sewer) 

Twelfth street, northwest, Pennsylvania avenue to river 



12, 063 
3, 28fi 

587 

10, 141 
961 

8,777 

1, 872 

347 

207 

3, 272 

7,255 
4,325 

53, 993 



129, 759 16 

7, 267 .52 
1, 442 03 

61,431 32 
1,801 66 

24, 010 34 

5,313 79 

1,326 68 

376 17 

8, 776 79 

26, 112 11 
12, 929 03 

180, 546 61 



$3 34 



TESTIMONY OF ADOLF CLUSS. 



2083 



Aterage cost of sewers in 1873, as above, compUcd from pithlished assessment-sheets of report 
of the board of public icorks, Xovember, 167:3. 



Locatioc, 


U 

.a 2 
§3 


1 

a 
o 
a 
w 

St 
< 


P< . 

II 

II 
u a 

QJ.-; 
< 


- o 

111 

III 

< 


P stree*. north, from Second to Fourth street 


702 
1,044 
7, 382 

434 
9, 772 
4,102 

400 
3, 570 

C,2GG 
10, 304 
1, 024 
3,467 
5,600 
6, 4.59 


$1,544 96 

2, 175 70 

17, 2.-)0 90 

990 91 

23,223 47 

10, 035 48 
985 50 

8, 840 21 

11, 746 12 
23, 257 52 

2, 125 96 
6, 105 27 
11,421 27 
18,118 62 






Third street, northwest, from Maryland avenue to Indiana avo 
Sixth street, northwest, between Pennsylvania ave. and Water st 
E street, northwest, from Thirteenth to Fifteenth street 






Massachusetts avenue, from Xew York avenue to Bouudarj'. .. 
Pennsvh'aJiia avenue, from First to Seventh east 










r; street, northwest, froiu First to Third street 






First street, nortliwest, from Pennsylvania avenue to I street .. 






Xew York avenue, northwest, Seventh west to North Cap- 
itol street 






K street, north w(>st, from Ninth to Twenty -third streets 

Pierce Place, from Fourteenth to Fifteenth streets, northwest. 
C street, northwe.st, from Xinth to Fifteenth streets, northwest. 






Eijrhtli street, northwest, from G to streets, northwest 




Second street, northwest, from Pennsylrania avo. to H street . . 










60, 526 


136,821 89 


§2 26 


Assrregating the sewers, as published in assessment-sheets of 
1872 and 1873, we obtain 


114, 519 


317, 368 50 












Average price of ■common sewering, including triips, man-holes, 
Sec, tor a term of two seasons ^ 




, 




.*•■> 77 













Wasjiint.ton, May 18, 1874, 



ADOLF CLTJSS, 
Engineer, and Member of Board of Public Worhi 



By Mr. ^VILSON : 

Q. Those are the sewers charged up to the Government at $4.70 ? — 
A. I uuderstand it so. 

Q. Do you consider that statement about the fair average cost of 
these .sewers to the board of public works ? — A. Well, there is no assump- 
tion about it ; these are facts. 

Q. But taking tlie whole pipe sewerage of the city not embraced in 
the main sewerage, which I am not speaking of, do you think that would 
be a fair average price ? — A. It is not " fair." It is a correct average 
pi'ice. 

Q. What is the whole number of feet, if you know, of pipe-sewer that 
has been laid in the city ? If you have any means of determining that, 
let us know.— A. I should think between 36(>,()00 and 4(>(>,(>()(i feet. But, 
for reasons unknown to me, a good many of these assessment-tables 
which ought to have been pnl)lished in the report of 1S73 were with- 
held and not published, and, therefore, I could not include that whole 
amount of 400,(MK) feet, which should have been included. I took the 
official data as far as it has come out of tluii surveyor's otlice ; the rest of 
it is buried there. 

Q. Where are those papers now ? — A. The assessment-sheets have 
never left the surveyors office. 

Q. Who makes up these assessment-sheets ? — A. Mr. Forsyth, acting, 
as I believe, nominally as engineer of the board of public works, lias a 
large force engaged u])on it. 

Q. Does he make tlio.se sheets under your direction ! — A. Xo, sir. 

Q. Does he report tho.se assessment-sheets to yourodiee? — A. No, sir. 

Q. Do you have any copy of tiu-m there? — A. I iiave asked frecpieurly, 
and I cannot get them. I don't know how it is. I have said fixMjucntiy 
that 1 believed that the board of public works have a tluty to look at the.se 



2084 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

assessment-sheets before the citizens of the District are charged, but 
without avail. I have further ofticially, in board meetings, alluded to 
the fact that at least copies of these assessment-sheets should be in the 
board of public works' office ; but I was told that it was not necessary 
to have duplicates of papers. 

Q. So that yoii never had access to them ? — A. I have never had ac- 
cess to them. That is to say, I might have gone to Mr. Forsyth's office, 
and asked him to hand out one sheet from his safe; but this I considered 
as below my dignity. I want to see the whole thing in black and white 
before me, as I have a right to do. The assessments can be only com- 
pared. I wish to say — you speak, for instance, of P-street circle — you 
send the best engineer in the world, and he cannot say whether the 
whole thing is correct without he has the assessment-sheets of the six 
streets intervening there. 

Q. Mr. Blickensderfer has made a measurement there, and there have 
been measurements made by Colonel Forsyth and Mr. Samo, and there 
is a discrepancy between them as to the amount of sewer that there is 
there. Has there been any sewer put in there since Mr. Samo made his 
nieasnrements ; if so, how much ? — A. A sewer has been laid only last 
fall. A member of this committee, (Senator Stewart,) 1 suppose, is aware 
of it. It is under the sidewalk of the house which Senator Stewart 
now occupies. This sewer was onlj laid late last fall, just before it froze. 
Then another sewer, running from the circle south over to Connecticut 
avenue, was also laid long after the rest of the sewers were laid. This 
sewer was laid after the street was concreted, but before the top-dress- 
ing was put on. The top dressing was put on last June, I think ; how- 
ever, I do not like to swear to that, as I do not know positively. 

Q. So there has been a sewer put in between the time Samo and For- 
syth made their measurements and the time Mr. Blickensderfer made 
his ? — A. It is my impression anyhow ; but, before I could say most pos- 
itively, I should have to look over the records. I know only this sewer 
was put in long after the sewerage was put in. The other sewer in 
Senator Stewart's square I am positive about. 

Q. Do you know what amount of sewerage had been done before the 
board of public works was organized ? — A. Do you mean the value 
of it ? 

Q. Yes; and iue number of linear feet. — A. The number of linear 
feet I con hi not v^cd say. Pipe-sewer, I should saj', between 300,000 
and 400,000 leei.. 

Q. Before the board of public works was organized, I mean. — A. O, 
that is another matter. Before the board of public works was organized, 
our estimates, concurring with the estinmtes of other engineers — about 
12 miles of brick sewers, equal to about 63,300 linear feet laid, 3 miles 
of i)ipe-sewers ; that includes all. However, 1 had been anticipating 
that such a question would be most likely asked, and not liking to 
deal in assumptions, but ratlier in facts, I have, since I have had my 
subpcena on Saturday, ordered the gentleman under mj' charge who has 
the sewers in hand to make a map, showing really all the old sewers built 
before the board of public works went into operation, either by the cor- 
poration or by the Government. This map, unfortunately, it was impos- 
sible to finish. However, it will be tinished in the course of the day, 
and then we shall have a correct figure. 

By Mr. Wilson : 
Q. Do you know how the skating rink was filled, and where the earth 
came from f — A. iliat was done before I was a member of the board. 
Q. Do you know where the earth came from 1 — A. No, sir. 



TESTIMONY OF ADOLF CLUSS. 2085 

Q, Do yon Iniow aiiythinft" abont the tlagfi'ing- arouiul tlic Franklin 
scli()oll)uil(lin,<i, wiu'ie that came from '! — A. The tlaf;\iiing around the 
Franklin school-building is old tlaoginy', which I myself had laid a 
number of years a«^o. This Hanging was relaid a couiile of times, but 
nothing else was done to it. The flagging does not look as Avell as new, 
because always in taking up you take the (jorners otf and break it. I 
had it laid under ^fr. liowen's administration. 

Q. Has it been taken up and relaid by the board of public works' — 
A. Twice. 

Q. Has the Government been charged with it? — A. I do not know. 

Q. Do you know in regard to the gutter-llagging in Maryland avenue 
east, First to Fifteenth street? — A. There is gutter-flagging there. 

Q. Do you know what the United States is charged for that ? — A. I 
don't remember. The price of the board for this gutter-flag is, for gut- 
ters, 12-iuch tiagging, furnishing and laying, 35 cents, and for l(j-inch 
60 cents. The board price is, furnishing, 23, and laying, lii ; which 
makes 35 cents in one case; and 48 plus 12 makes 00 in the other case. 

Q. Do you know what that is charged to the Government at ? — A. 
]S"o, sir; I have not looked at it. [Witness refers to the Governor's 
Answer.] It is 8,377 linear feet of gntter-flagging, at $1.15. 

Q. Where do you find that ? — A. On page il2 of the Governor's 
Answer. 

Q. Ou what street or avenue ! — A. Maryland avenue, between First 
street east and Boundary, as you called for. 

Q. It is charged there at $L15 ?— A. Yes, sir. 

By the Chairman : 

Q. Is the present system of sewerage adopted by the board an effi- 
cient one for the drainage of the city ? — A. Yes, sir. So far as the 
princii)le is concerned, it is correct. The detail, especially where 
1 have difi'ered with the board, is this: That I am afraid that, 
sooner or later, we may have trouble with the sewer in B street, 
from Seventh to Seventeenth street, and it was my plan to have 
an intercepting sewer run along jS'ew York avenue across the Treas- 
ury Department, and then intercepting all that higher groun<l north 
of F street, so tUat, in fact, this B-streec sewer would take only the 
sewerage from F street from the Post-Ofllcedown to B. The bill jiassed 
by the legislature last summer includes the i»rice for this sewer. 

Q. For the sewer that yon speak of now ? — A. Yes, exactly ; and it was 
afterward abandoned. 

Q. That is, you mean the bill providing for 82,100,000 of sewer- 
bonds .' — A- Yes, sir; this included a charge for this sewer on F street. 
I think I have in my pocket, most likely, the first draught that we asked 
for. I have here: "New York avenue, 9,800 linear feet, at $10; total, 
8150,800." 

Q. That sewer has been abandoned, you say ? — A. It has been aban- 
doned so far as to be main sewer, and relieved the present B-street 
.sewer. In the sewer-map which 1 have presented to you, you will lind 
that the sewer is still in there in Xew York avenue, but running only 
from Seventh to Sev^enteenth street. This, of course, relieves tlie ii- 
street sewer from all the drainage that comes from the west. 

Q. You think tiiere is a (piestion as to the sulUciency of B street 
sewer? — A. Yes, sir; 1 thiidc so. 

(}. With that exception, however, do you regard the system of sewer- 
age adopted, and the sewers as they are now being constructed, ade<|uate 
for the drainage of the city ? — A. Yes, sir; I think tliat in the >«'orth 



2086 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Capitol street sewer a waste of money lias been incurred, and I wonkl 
rather have a cheaper sewer as a better sewer. You have been down 
there; you went out there the other day, and you found that a sewer 20 
feet in width was carried all the way up to O street. This was the orig- 
inal size of the sewer before the Boundary-street sewer was concluded 
u])on. When that was concluded upon, I at once said, " If you take off 
about 1,000 acres of drainage from this sewer and expend so much on 
the Boundary-street sewer, let us have a saving now in North Capitol 
street ; and that sewer in North Capitol street, from the Printing-OfiQce 
up to O, costs, from E to O, $370,000. According to my well-matured 
view, 8125,000 ought to have been saved in it. 

By the Chairman : 

Q. That is by making it smaller! — A. Yes, sir; as soon as yon reduce 
the area as much as COO acres. 

Q. Why was it not changed in accordance with your view? — A. Well, 
1 was upon the street, and told the contractor to stop. 1 had first the 
conditional assent of the vice-president to it. 

Q. When you speak of the vice-president, as we have had to, I wish 
you w^ould name who you mean. — A. I mean Mr. Shepherd. But within 
"a few days afterward he told me that there was to be a consultation with 
Mr. Mnliett, who had been the former engineer of this board, and he 
wished him present. Afterward they brought Mr. Mullett up, and Mr. 
Mullett and Mr. Shei>lierd outvoted me, as two to one. 

Q. When was the Boundary-street sewer, so called, projected? Was 
that in the original sewerage plan of the city, as adopted by General 
Green? — A. No, sir; not to the best of my knowledge. 

Q. When was the idea of the Boundary-street sewerlfirst suggested ; 
do yon know ? Was that before or after you became a member of the 
board ? — A. The present plan is subsequent to my becoming a member 
of the board. When 1 got to be a member of the board the sewer was 
not talked of ; but in the sewerage bill of last summer it is included. 

Q. Was that included after consultation with you, or after a cousulta- 
tion between the different members of the board ? — A. No, sir ; it was 
concluded in a consultation where Mr. Mullett was called in. 

Q. Called in where, and with whom ? — A. It was in a private room 
in the fourth story of the District of Columbia building. 

Q. Who were present at this consultation ? — A. Mr. Shepherd, Mr. 
Mullett, myself, and Mr. B. Oertly, the assistant engineer. 

Q. Yon think that Boundary-street sewer is a necessary sewer? — A. 
I think it is one of the best things we have done, because it relieves this 
large sewer from floods. 

Q. When was that? — A. Last June, I should think. 

Q. This main Tiber sewer was already under way, was it not? — A. 
Yes, sir; but it was one square south of the Government Printing- 
office. 

Q. After you adopted that, then you suggested to the board — to Gov- 
ernor Shepherd and Mr. Mullett — that the Tiber sewer might be nar- 
rowed — decreased in size? — A. I most earnestly advocated that view 
repeatedly. 

Q. Still you were overruled? — A. Yes, sir. 

Q. Do you regard all these sewers necessary to the drainage of the 
city ? — A. Yes, sir. 

Q. All of them ?~A. Yes, sir. 

Q. Except that you think that B-street intercepting sewer should be 
larger, and the Tiber sewer might be smaller ? — A. Not that. 



TESTIMONY OF ADOLF CLUSS. 2087 

Q. No, 71.0; that there ought to be another sewer! — A. Yes, sir; ex- 
actly. If i had the construction of the B-street sewer I shouhl liave, 
and, in fact, ever since I have become a member of the board, I have, 
abolislu'd all sewers with Hat soles. They were building, last year, a 
good many with flat soles, and I have insisted that every sewer that 
has been laid is a barrel-sewer, 

Q. To have slope at tlie bottom as well as at the toi) ! — A. Yes, sir ; 
exactly. xVud if I had had the making of B-street sewer, instead of one 
sewer which is below tide altogetlier and tilled up by the tide, 1 would 
have taken two barrel-sewers, one by the side of the other oue to take 
sewerage from Twelfth to Seventeenth, and the other just outside to 
take the sewerage from Seventh to Twelfth, so as to gain more area 
above tide-water. But this is a matter of judgment only. 

Q. Was this B-street sewer built before you became a member of the 
board ? — A. Yes, sir ; 1 had a settlement of the bills, but it was built 
before I came in. 

Q. Have these sewers been well constructed ? — A. Well, not so well 
as I would like to have had them constructed. I wish in this respect to 
say that the superintendents of these works were mostly not mechanics 
and not competent men. Their ai)pointmeut is sent up to the engineer: 
" Here is a man who has been ai)i)oiuted, put him on the street." If 1 
had had , instead of 140 superintendents whom I had last sum- 

mer, with sixty hundred men, I could have done creditable work. 

Q. Did you have 140 superintendents of sewers ? — A. Of sewers and 
streets; and these men are appointed and discharged by the vice-presi- 
dent, and therefore the engineer, who has nothing to do but to rap them 
if they neglect their duty — of course he loses his intlueuce over them. 
They look to the party who gives them their money, their appointment, 
and dismissal. 

Q. You think that those employes ought to be under the control of 
the chief engineer ! — A. It is so in all large enterprises in the country, 
and anywhere else. 

Q. Yes, I agree with you about that ; I think they ought to be. How 
many assistant engineers have you in your office? — A. Well, in my 
ottice I have two, Mi\ Oertly and Mr. Barney. 

Q. Have you any others ? — A. Mr. Barney has subassistants on the 
street. He has one young gentleman, a very competent young gentle- 
man, who takes charge of all the grades east of the Capitol, ]Mr. l)an- 
enhower; and then there is another one who has charge of everything 
on the other side of the city, that is Mr. Franklin. 

Q. Mr. Barney has two subordinates, then ? — A. Yes, sir. 

Q. Are they under his control ? — A. Yes, sir. Tlieu there is a third 
one, Mr. Bodtish. Mr. Bodfish's specialty is the sewers all over the city. 
He keeps the sewer-pegs and sewer grades. 

Q. Is he a subordinate of Mr. Barney ? — A. Yes, sir. 

Q. And under the direction of Mr. Barney ? — A. Under the direction 
of Mr. i5arney. 

Q. Is he a <;ompetent man ? — A. A very competent man. 

Q. Is Mr. Harney a com[)etent man ? — A. Yes, a very c()mi)etent man. 

Q. An<l Mr. Danenhower and ^Iv. Fraidclin, do you regard them 
as competent men t — A. As competent as eaii be found in the country. 

Q. Their business, then, is to do wjiat is luiown as the out-door work '. 
— A. Yes, sir, 

Q. Mr. Barney being the cliief outdoor man ? — A. Yes, sir. 

Q. Has Mr. Oertly any subordinates? — A. Mr. Oertly has a number 
of clerks under his charge. 



2088 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Tliey are mere clerks, not assistant engineers'? — A. Ko, sir ; they 
are clerks-; and tbeu he bas a couple of drauglitsmeu, but these cUaughts- 
meu are mostly under Mr. Barney by my personal directions. 

Q. But Mr. Oertly is an office engineer ! — A. Yes, sir. 

Q. His business is to make computations ? — A. Yes, sir ; to make 
computations ; to estimate and see what is required, aud then he has 
to make estimates as to how many of sewer-pipes, what is the excavation, 
and wliat the whole thing foots up, &c. 

Q. How long has Mr. Oertly been in the office in that capacity ? — 
A. He was there, I think, one year before I became a member of the 
board. 

Q. You found him there when you went there ? — A. Yes, sir. 

Q. DrI you lind Mr. Barney also tliere ? — A. I did. 

Q. Do you consider Mr. Oertly coiiii)etent for the discharge of the 
duties imposed upon him ? — A. Mr. Oertly is a very accomplished engi- 
neer, and, if he is under a proper system, I think he is as useful a man 
as can easily be found. But he acts according to orders. He is not an 
independent man like Mr. Barney is. 

Q. Does he act under your orders at all ? — A. No, sir ; he frequently 
has disregarded my orders. 

Q. I know ; but does he act under your orders at all ? — A. Nominally ; 
yes, sir. 

Q. Nominally he is your subordinate? — A. Yes, sir. 

Q. But he takes orders from Governor Shepherd when they are 
given ? — A. Yes, sir. 

Q. When these orders are not in accord with yours they are followed 
rather than your own? — A. Yes, sir; and then breaks u|) the discipline. 

Q. In case of conflict, does he report to you ? — A. Earely ; hardly 
ever. 

Q. Do you know that he is constantly or frequently receiving orders 
from Governor Shephard ? — A. I see that he leaves the office for a week 
or two weeks, and 1 have seen that a number of tables are brought to 
you, and that Mr. Oertly has sworn to them, and so I have a right to 
suppose that he has been under the orders of the governor while he 
has been absent. 

By Mr. Mattingly : 

Q. Did not Mr. Shepherd tell you that he wanted Mr. Oertly to pre- 
pare these tables "? Did he not tell you that in my presence ? 

The Witness. Wliat tables ? 

Mr. Mattingly. The tables Mr. Oertly brought here. 

A. I wish to say that I saw Governor Shepherd in your presence only 
about three weeks ago, after Mr. Oertly had been for. several months 
upon this work. I wish further to say, that on this evening when you 
told me I should appear before this committee, I requested to be relieved. 

Q. Yes and you said you did not want to go. — A. Because these 
stimates of fenc s, which you know were not in accordance with what 
they ought to have been, were to be tabled — you refer now to an inter- 
view in the board of public works. It was about Colton's fence. I was 
to be brought up a fathering the price for Colton's fence. Don't you 
emember it f 

Q. I remember seeing a little draught on the back of a voucher, and 
I remember asking you about that? — A. Yes, sir, exactly; and then 
afterward it was said, "It is better, you know, not to bring the draughts 
up here," was it not ? 



TESTIMONY OF ADOLF CLUSS. 2089 

Mr. Mattingly. No, the draugiit was brought up here. It was in 
evidence. 
The Witness. I doubt it. 

By the Chairman : 

Q. Mr. Oertly lias prepared some tables and brought them here, you 
say, without your knowledge? — A. Yes, sir. 

Q. Were those tables prepared in your office ? — A. No, sir. The en- 
gineer's department are uot responsible for them. 

Q. That is not what I mean to say. Were they prepared in your 
office ? — A. No, sir. 

Q. Or from data in your office ! — A. That I am not able to say. 

Q. You do not know ? — A. No, sir. 

Q. Art' you not in the office everj- day ? — A. O, yes. 

Q. The point I want to have you tell us, if you can, is, whether or 
not ^Ir. Oertly made up these tables from data in the engineer's office, 
or whether he made them up outside the engineer's ofUce, irom data 
furnished him elsewhere ? — A. He made them up from data outside the 
engineer's office — from data furnished him elsewhere ; I think from the 
memorandum-books which they had. 

Q. Were they submitted to jou after they were made up ? — A. No, 
sir ; I have never seen them excepting whefe I saw them in print in the 
Eeiniblican. 

Q. Have you examined them ? — A. I have examined some of them. 

Q. Are they accurate ? — A. I do not believe so. I have examined 
ver^- particularly the tables of sewerage, since that was a i)art of my 
duty to report to you to-day, and I say that the table wliere ]\lr. Oertly 
tries to justify his price of 84.70 for pipe-sewer is altogether rather 
adapted to concealing the truth than to stating the truth. 

Q. Then you think ^Nlr. Oertly has not been frank with this commit- 
tee in this statement ? — A. I do not think he has. 

Q. You think he has made those tables to conceal the truth rather 
than state it ? — A. Well, 1 do not say exactly that that is his object. 

Q. Uut that is the eftect of it — to conceal the truth rather than to 
state it ? — A. Yes, sir. 

Q. When did Mr. Oertly begin to absent himself from your office 
and take orders from Crovernor iShe[)herd rather than from you; when 
did that process begin ? — A. It was all the while so, from the very 
beginning. 

(^. From the time you were made chief engineer ? — A. Yes, sir ; I 
have tried in courtesy to overcome thisdillieulty, because the gentleman 
ui)on whom I relied upon being present in the office to give satisfaction 
to the citizens who came there went off all the time. He was not about, 
and it brought me in a disagreeable position to the citizens, against my 
will and against my power. 

Q. When he was absent from the office and would return, would you 
ask him where he had been ? — A. Well, it was so often that it was not 
worth while for me to ask him. 

Q. What was he doing — was he making these measuremeuts ? — A. 
Yes, I suppose so. 

Q. 1 understood you to say that he was generally called upon to 
make nieasurenuMits for particulai- persons ? — A. Well, 1 ha\ c said as a 
fact, when asked, that tlie measurements for .Mr. Albert (rleason and for 
John O. ICvans were generally made I)y Mr. Oertly, the bidk of them. 

Q. Do these estimates of Slv. liarney lor work known as [lartial and 
final estimates pass through your office .' — A. Yes, sir; every one. 



2090 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. They all come into your office? — A. Yes, sir. 

Q. State the process in your office with reference to a final voucher 
upon Mr. Barney, if you please. — A. One of the assistants of the office 
makes a measurement upon the street ; this he furnishes inside of a 
slip like this, and Mr. Barney goes to work at once. If necessary, he 
goes out upon the street and examines this slip, to see whether it is 
correct. In many cases he measures it over. After he has all these 
corrected, he then has a voucher made out. This voucher afterward 
is submitted to me for signature, and I, as a general thing, in all small 
matters, rely upon Mr. Barney's judgment in these matters. However, 
if there is a large measurement of a wood pavement, I am in the 
liabit of going to the map and taking my tape-line and running it out 
by inches, and seeing whether there could be a big overineasureuient 
or a big mistake. I know the w'idth of the street, four yards or five, 
and the length. 

Q. You verify the measurements ? — A. Yes, sir. 

Q. Is it necessary to have your signature in order to secure a vouch- 
er from the auditor ? — A. I have informed the auditor distinctly that he 
should not pay anything except upon my signature. 

Q. And it is usual to have your signature f — A. It is usual to have 
my signature — yes, sir. 

Q. Is it not essential to have it? — A. Of course it is essential. 

Q. Does the auditor issue certificates to the contractors for work 
done upon the streets or sewers without your certificate ? — A. Not to 
my knowledge ; but these bills have never been controlled, and it is 
not possible for me to speak from actual observation. 

Q. But you know of no instance where the auditor has issued certifi- 
cates without your approval of the bill? — A. In these bills of Gleason, 
certainly he has done it, because I find in the annual report of the treas- 
urer of the board amounts corresponding to this amount here. This is 
the only control I have over it. 

Q. Then the auditor has issued certificates without your approval of 
the estimate? — A. Yes, sir. 

Mr. Stewart. In the case of Gleason, he says. 

By the Chairman : 

Q. Now do you know of any other case? — A. I think these vouchers 
of Mr. Evans, most likely, were in the same way. 

Q. Have you approved any vouchers of Mr. Evans? — A. Well, I have 
some — a good many — yes, sir; but in Mr. Evans's case it was diiferent 
from these vouchers. In his case the final vouchers came up, and it 
seemed to be more of a temporary accommodation to get hold of money 
in a fast way ; while here in this case there was quite a large amount 
of money which never came up as a final voucher. 

Q. Yes, I see ; but do you know of any other instance, except the one 
now alluded to, of Gleason, where the partial or final vouchers have 
been presented to the auditor without your approval; and, if so, state 
any other case? — A. I cannot state any other case. It is very difficult, 
in our com[)licated system, to make anything out. Our system is too 
complicated. 

Q. I quite agree with you, sir. Do you keep a record of these vouchers 
in your office? — A. I kee^i one "retained" voucher. 

Q. I mean these estimates ? — A. Yes, sir. 

Q. Do you keep a record of each partial or final estimate ? — A. Yes, 
sir. 

Q. Do you examine those from time to time ? — A. I do; O, yes. 



TESTIMONY OP ADOLF CLUSS. 2091 

Q. riow ofteu ? — A. For instance, once a week I would come in the 
afternoon and stay until late in the evening, and look over the whole 
concern after the clerks went off, 

Q. So that you know of no instance except the one which you have 
naiiied. Do you know whether that is a single estimate ? Is that em- 
Ixxlied in a single })ai)er ? — A. Yes, sir. 

Q. And is a partial estimate ? — A. It is a partial estimate; but, then, 
accoi'ding to our rule of routine there should have been fourteen 
vouchers for those. We always give only a voucher for one contract. 
About fourteen streets are included in this single vouclier. 

Q. Is that voucher numbered ? — A. I have the engineer's number, 
030; but afterward, if you want to find it here, most likely you will 
have to find the auditor's number. 

Q. You have a copy of that in your office I — A. This is a copy which 
I have in the book. 

Q. Are all the partial and final estimates copied in that way i — A. 
The partial estimates are mostly copied in that way, [indicating,] and 
the final estiujates are copied in this book in full, just exactly as they 
appear, [indicating.] 

Q. Do you regard INIr. Oertly as an honest, faithful employe in your 
office ? — A. 1 do so, to some extent. 

Q. \Vell, I want to see whether jou do or not! — A. I have seen that 
Mr. Barney, who, 1 am proud to say, is one of the most accomplished 
men — he reports to me everything going on, as is his duty, wliile iMr. 
Oertly does those things without consulting me according to orders. 
Of course I cannot have that degree of confidence which a friendly 
intercourse of many years would otherwise imply. 

(.}. I only want to know youroi)inion of a man who would make a fraud- 
ulent voucher and certify to it — that is all — as you say he has in this par- 
ticular instance. — A. 1 wish the committee to see that street ; it is 15 feet 
below grade. 

Q. Is Mr. Forsyth a subordinate in your office? — A. Nominally; he 
is on the pay roll. 

Q. Does he ever come to your office? — A. Not more than except per- 
liaps once in a week, or in two weeks, or three weeks, to ask for some 
information. 

Q. Does lie receive orders from you? — A. No, sir. 

Q. Did you find him there, also, when you went in? — A. I found him 
when I was there, and I took j)roi)er means to see that somebody else 
was appointed to make those measurements. So far as the eugiueer'a 
department is concerned, those measurements, I am proud to say, I am 
willing to stand by. 

(^). But Mv. Fursyth has made some measurements, has he not, for 
contractors ? — A. Well, not under my orders. 

Q. I mean has he not made estimates for contractors? — A. Yes, sir. 

Q. Those estimates have come into your olfice, have they not ? — A. 
No, sir. 

Q. Where did they go to ? — A. T do not know ollicially. 

<). 1 thought i understood you to say a while ago that all jiartial and 
final estimates pass through your ofiice ? — A. Yes, sir; in the regular 
way. 

Q. That is the way they ought to go? — A. Yes, sir. 

Q. But Mr. Forsyth's estimates, partial and final, have never passed 
through your office '? — A. Some of tliem have, but not all of them. 

Q. Those that have passed through your office were examined by 
you ? — A. Y'es, sir. 



2092 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Were tliey foniid correct or incorrect? — A. I have stated that tlie 
very fact that I found a number of incorrect measurements 

Q. O, yes ; you mentioned three or four instances. They were cor- 
rected, however? — A. They were corrected. I saw them corrected, of 
course, but it is disagreeable to have a fight every day, and so I won hi 
have somebody else. 

Q. Mr. Forsyth, then, afterward made measurements for estimates 
that did not pass through your office f — A. Yes, sir. 

Q. Will you give us a few examples of those measurements, if you 
can ? — A. Well, I don't know of any except it is of the Evans Concrete 
Company, and then afterward the measurements against the Govern- 
ment for Government work. 

Q. I allude now to estimates made for contractors ? — A. I don't think 
he has any more except this very c;ise on Massachusetts avenue. 

Q. You do not think there are any estimates made then by Mr. For- 
syth for contractors that have not passed through your office? — A. Xo, 
sir ; not besides those mentioned. 

Q. Were you in the habit of attending the meetings of the board ? — 
A. I was regular whenever a meeting was called. I do not think 1 have 
missed one meeting. 

Q. I have a little curiosity to know as to how you got the meetings of 
the board of public works. What was the method of getting a meeting 
of the board ? How did you do it ? Did yon receive a written notice ? — 
A. Yes, sir. 

Q. From whom ? — A. From Charles S. Johnson, secretary. 

Q. Had you stated times for the meetings of the board ? — A. No, sir; 
not last summer. We have had stated times for the last three or i>er- 
haps four months — every Monday and Friday, at 12 o'clock; but that 
dates from January, 1874. 

Q. Before that time you had no regular days for the meetings of the 
board ? — A. No, sir ; none whatever. 

Q. When there was to be a board meeting, then, you would receive 
a notice from Mr. Johnson? — A. Yes, sir; or from the chief clerk. 

Q. To meet on a certain day ? — A. Y'es, sir. 

Q. How often were you in the habit of holding these meetings ? — A. 
I think since I became a member of the board up to New Year's of this 
year there might have been eight meetings. 

Q. Eight nieetings of the board from October, 1872, to January, 
1874 ?— A. Yes, sir, that is it. 

Q. Not more than eight meetings in all ? — A. To the best of my knowl- 
edge ; perhaps less. I think about eight. 

Q. Did the board of public works have a particular place of meet- 
ing? — A. Well, the regular place, of course, would be Fourth-and-a-half 
street. 

Q. They had an office, had they not ? — A. O, yes ; that is the office. 
I remember of one meeting having been called at Mr. Shephard's pri- 
vate residence, and I remember that Mr. Baker, the cashier of the First 
National Bank of New York, was present. This is the only meeting 
that I know of outside. 

Q. That was in relation to the debt, I suppose ? — A. Y'es, sir. 

Q. What time in the day were those meetings usually called for ? — 
A. Irregularly. 

Q. You had no particular hour of meeting or day of meeting, then ? — 
A. No, sir. 

Q. How long were you usually in session at those meetings? — A. The 
longest meeting that 1 know of was last summer, when this case of the 



TESTIMONY OF ADOLF CLUSS. 2093 

extension of the contract of DcGolyer & McClelland came up, and Mr. 
Jeffreys argued the case. That might have beeu one hour and a half. 
The other meetings most likely \vere shorter. 

Q. Was it the custom of the board to read the minutes of the pre- 
ceding meeting ? — A. No, sir. Lately I have frequently called for the 
minutes of the [n-ecediug meeting, and was uniforndy informed that the 
minutes were in Congress here, and could not be read. 

By Mr. Stewabt : 

Q. Whose handwriting is that? [Handing a paper to witness.) — 
A. It is not a handwriting that I am acquainted with. 

Q. That is not Mr. Oertlv's, then ? — A. No, sir; that is not Mr. 
Oertly's. 

Q. Whose handwriting is that? [Referring to a voucher,] — A. That 
is Mr. Oertly's. 

By the Chairman: 

Q. I wish to ask you about the sewers. I think you stated that the 
Boundary-street sewer, which cost $30 a foot, is about a fair price? — A. 
1 will tell you what tlie three sections cost. I now see I have Gantz 
«S: Ai»i)leuian's sewer, between Second and Eleventh — $34.76. 

Q. Afoot? — A. Yes; and then between the two sections — between 
the outlet which I have mentioned — there is Sam Strong's contract. Of 
this 1 am sorry I have not the data with me. 

Q. You know what the price is in a general way? — A. Mr. Strong 
has not as heavy a cut as Gantz & Applemau have, and so his price 
will be, most likely, somewhat lower. 

Q. What 1 wish to ask you is, whether you made up the prices which 
were to be paid to these ditierent contractors. — A. Well, 1 have stated 
this morning, '' mainly brick" 

Q. You do uot understand the question, sir. Did yon make up the 
prices to be i)aid to all these contractors — what they were to receive 
from the board of public works for the main sewer ? — A. I did this in 
consultation with ^Ir. Oertly, but afterward this addition for the de- 
preciation of i)aper I did not. That was beyond my ])rovince. 1 con- 
sidered it a matter for the board, and not for the engineer. 

(^. With the exception of the 15 per cent, which was allowed in mak- 
ing up the estimate for depreciated paper, you made up the price to be 
paid to contractors i)er foot for these sewers? — A. Y'es, sir. 

Q. I understood you to say a while ago, in answer to a question put 
by Mr. Wilson, that you one day stei)ped into the private office of Mr. 
Shepherd, and found him and Mr. Oertly in quiet conversation over this 
<pn*sti(»u of sewers? — Yes, sir. 

Q. That he said, put down sucli streets to Gallagher, and such to 
Gantz «S: Ap|)leinau, &(iA — A. Yes, sir. 

Q. Were tlie piices then fixed, or was that a mere assignment to con- 
traetoi'sol' ixutions of this sewer, it prices agreed upon by the board? — 
A. I think the prices were then finally put down, and this allowance for 
this depreciation of paper was then and there ma<le. 

(}. Did you make objection at the time to theassignnx'ut of these con- 
tra(;ts ? — A. Well, no, sir; I came in, you kiu)w, incidentally, and I re- 
nuMuber that I made objecition to one assignment. To the hest of my 
re<*ollectioii, Tompkins «S: Kiujkles were put down on the line of sewers 
whii^h Mr. Samiu'l Strong is now <;oiistruc!ing. 1 thought that these 
men had aheady a big contra(;t which had heen hanging for a year or 
so, and I suggested the pro[)riety of not giving this contract to Tomp- 



2094 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

kins & Ruckles; but this, I think, was the only one that I did, because 
Gallagher & Co. I never heard of, by name even, before. 

Q. You suggested that no part of the work should be assigned to 
these contractors you have named ? — A. Yes, sir ; because their work 
was hanging for a year, which they had not completed. 

Q. That suggestion of yours was received and acted upon, was it 
not ? — A. Yes, sir. 

Q. Who suggested Sam. Strong instead? — A. I did, I think. I wish 
to say that Mr. Sam. Strong is known as one of the best mechanics we 
have in the District here, and so I did it just on the strength of his 
mechanical ability. 

Q. I understood you to say, in answer to a question put by Mr. Wilson, 
that the vice-president of the board, to wit. Governor Shepherd, was in 
the habit of letting these contracts without consultation with the board ; 
do you mean to be so understood ? — A. I mean to be understood that 
in none of these large contracts I had the least inkling when or who 
was to get them. 

Q. That is, you did not know? — A. I know this much, that no meet- 
ing was called to bring us together to give out those contracts. 

Q. In your judgment, were these contracts, so far as you have any 
knowledge of the acts of the board, awarded by Governor Shepherd as 
vice-president of the board of public works, or by the board on consul- 
tation ? — A. To the best of my knowledge, they were given by a stroke 
of the pen of the vice-president. 

Q. Without consulting the board? — A. He may have consulted Mr. 
Magruder, for instance, on the street. 

Q. But he did not, at least, consult you? — A. No, sir. I wish to say 
that a correspondence is kept up now, at present, between the governor of 
the District and the vice-president, which frequently involves business 
matters which is not brought before the board, and of course I cannot 
be blamed for what I do not know. 

Q. At this time? — A. Yes, sir; 1 came to know that; frequently I 
objected to Mr. W^illard about certain things. He told me afterward, 
" 1 feel with you, but 1 acted under orders." " Whose orders?" " Well, 
you see, an order of the governor." " Well," I says, "if you take orders 
of the governor, and do not know your rights and duties, I do not want 
to see them." That is just what I told him. 

Q. These various estimates for grading were approved in your office? 
— A. Yes, sir. 

Q. Generally approved by you ? — A. Yes, sir. 

Q. Were you consulted after you became a member of the board, or 
as its chief engineer, as to the price that should be paid to contractors 
for grading ? — A. I think I was consulted about the haul. 

Q. As to what should be paid for a haul ? — A. Yes, sir. I found 
that every contractor, where a bill was made out, there were the biggest 
fights; he said that there was not enough in it. My conclusion then 
was, on looking at the actual cost of hauling, that these men must either 
have been starving the year before, or else the nieasurement could not 
have been exact. They were insisting upon an exact measurement. I 
recommended that the price of hauling be increased. 

Q, To the rate fixed by the board afterward? — A. To the present 
rate fixed by the board, and it was based upon the fact that a horse 
cannot walk more than twenty-two miles in a day, and a horse and 
driver and cart must make $2.50 at the end of the day, upon honest 
measureuient. 

Q. Did Governor Shepherd, when he was vice-president of the 



TESTIMONY OF ADOLF CLUSS. 2095 

board, ever consult with yon as to the work that was going- on, eithei 
as to the manner of its i»erfornian('e or as to the desirability of improv- 
ing particMilar streets? — A. 1 do not think he did muchof tlie kind. If 
you will allow me to state an instance : One morning last summer I 
came down to Seventh street, and I found there a lot of men digging 
up and kicking in all directions. Some of the inhabitants of the street 
asked nu' what was doing here, and who was contracttu' ? I was 
ashamed of myself. 1 made haste to get away, because these men were 
put there without an engineer. I did not know whether it was Gleasou 
or Mr. Evans; either the one was doing the work, or the other was 
doing the contract, or the reverse. Tliis work had been carried on, 
and all this expensive day-work has been paid for. It only remained 
for me to sign the final voucher. Kot having seen the proper control 
in keeping the days, the only thing that was left to me was to make 
Mr. Gleasou, the contractor, swear to his pay-rolls — that they were 
correct ; and I have his oath. 

Q. So that either Governor Shepherd or the vice-president of the 
board, or at least the other members of the board, were in the habit of 
ordering work without consulting with you either as to its utility or as 
to the method of doing it? — A. Yes, sir. In fact, when I was asked 
about this ])iece of tlagging, 1 had uo idea that 100,(H)0 feet of flagging 
weie to be laid down. I thought it was some small places here and 
tliere, which General Babcock most likely had desired Governor Shep- 
herd to lay down. 

Q. When you discovered that Mr. Oertly had made a i)artial esti- 
mate there for Gleasou, aggregating 8148,000, and that upon that a cer- 
tificate had been issued by the auditor, did you call the attention of the 
board to that irregularity 1 — A. I do not know that the auditor ever is- 
sued this. The auditor issues only a certificate upon order. This bill 
lies with the auditor, and the auditor is not at liberty to issue a certifi- 
cate. He issues a certificate when ordered to do so. The auditor is a 
clerk with a high salary. 

Q. lie does not issue certificates, then, upou the approval of the engi- 
neer ? — A. Xo, sir. 

Q. ]Must it receive the approval of the board first? — A. The approval 
of the vice-president. 

Q. Xot the board itself? — A. No, sir; not the board. 

Q. Do you know whether a certificate was ever issued for that .' — A. 
I have noticed in the treasurer's statements, published in the report for 
1873, tiiat amounts corresponding to those were paid. 

Q. Did you ever call the attention of the board to that great irregular- 
ity on the ]tart of one of your subordinates? — A. Well, I spoke to Mr. 
^\'illard trecjuently about it, and he always uuiforndy would give uie 
the answer that tliis was done before he had become vice-president, and 
the system coidd not be imi»roved. He was just carrying out and con- 
tinuing what had been done before him. 

By Mr. Stanton : 

Q. Did you call attention to this particular case ? — A. No, I do not 
know that I did. I say I watched for tlu^ final voucher to turn up. 

Q. Then you <lid not. call attention ? — A. No, sir. I was watching for 
the final voucher. 

By Mr. Wilson : 
Q. About this Mork of Gleason's on Seventh street. Did you ascer- 
tain, after you got away from there, that Gleasou was doing that work ? — 
A. Well, yes, afterward. 



2096 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Whom dirt you make inquiry of ? — A. That I really rto not know. 
I had to tinrt out by some men about the street. It was onl^^ a few rtays 
afterward that I was notified that this work had been awarded, and to 
send to the contractor to make a contract for it. At least, that is my 
recollection of it. 

Q. Is that the same work around the Post-Office and Patent-Office 
that Mr. Blickensderfer spoke of the other day, where the grading had 
cost to upward of $2 a yard ? — A. Yes, sir. 

Q. The only evidence of the correctness of that voucher is simply 
Gleason's affidavit, which you required him to affix to itf — A. That is 
as I understand it. 

Q. That is all you have? — A. All that I have. I do not remember- 
exactly whether some superintendent nominally certified to it also, but 
I have found in the course of our business that these superintendents 
that we have would sign anything. 

Q. What? — A. The superintendents, especially if they have not been 
paid for flv^e, six, or seven months, are very apt to sign anything. I 
have trapped them. They sign pay-rolls, and as soon as I compared it 
afterward, there were thousands of dollars of difference. 

Q. Are Gallagher & Co. constructing this sewer that was awarded to 
them ? — A. Yes, sir. 

Q. Are they doing it themselves or by subcontractors ? — A. I think 
tbey are doing it themselves. 

Q. You have been a member of the board for some time, I would 
like to have you state what was the reason for laying these expensive 
wooden and concrete pav^ements in localities that are comparatively un- 
inhabited — where there is comparatively nobody living '? — A. I cannot 
give you any information. 

Q. Were you a i)arty to that in any way ? — A. No, sir. 

Q. Were you consulted about it ? — A. Xo, sir. 

Q. For example, there is Fifteenth street, from Boundary down to S, 
tliat is laid with a wooden pavement, is it not ? — A. Yes, sir. 

Q. Did you haveanythingtodo witii letting thatcontract? — A. No, sir; 
nothing at all. Since this has been mentioned here lately I have looked up 
thismatterto some extent. Ifind thata contract has been given extending 
from Rhode Island avenue to Boundary. Afterward this contractor came 
to the office and got the grades fixed for the whole line, and without our 
knowing it, and not suspecting anybody to be out there on the com- 
mons, he came all at once and asked for a final measurement for a large 
stretch of pavement. This was given to him, and this was the first I 
heard of it. I believe that he does not mean even to lay the interme- 
diate part, because he has asked for a final measurement, and so far as 
the records would show he has been paid in full for what he has done, 
and has left the city for parts unknown ; I believe for Pittsburgh. 
That was Mr. Filbert; he was a subcontractor of Gregg. 
■ Q. Have you any map with you showing the localities where these 
pavements have been laid? — A. I brought, by your order, this map. 
[Witness produces a map.] This shows in yellow all the wooden pave- 
ments; in red all the concrete pavements; in blue all the Belgian, blue- 
rock, and other such pavements laid here in the two years. For in- 
stance, the pavement which you just spoke of comes in from here to 
here, [indicating on the map.] 

Q. Is it or not the fact that a large amount of this expensive wood 
and concrete [)avement has been laid in localities where there are com- 
paratively few i>eoi)le living ? — A. I should say it should never have 
been laid, because the general fund is taxed at two thirds of the whole 



TESTIMONY OF ADOLF CLUSS. 2097 

cost, ami tliis wood iu a good inauy cases will rot belbre the houses are 
built adjacent to it. 

By Mr. Stewart : 

Q. You say that Mr. Barney was an entirely reliable engineer ? — A, 
Yes, sir. 

Q. Do you know Mr. Murray, a contractor? — A. I do. 

Q. Do you know of his doing some work of grading on jS'ew Hamp- 
shire avenue? — A. A'es, sir. 

Q. The voucher in tbis case, I believe, is signed by Mr. Barney? — A. 
Yes, sir. 

Q. Mr. Blickensderfer makes the overpayment $5,258.31 iu that 
contract ; have you ever looked into that ? — A. I have. 

Q. What do you say about that ? — A. 1 have a map here which shows 
the whole case. 

Q. I would like to hear your explanation, sir. How was Mr. Barney's 
estimate there? Mr. Blickensderfer says here : " The correct amount 
should be 20,800 yards of grading, at 30 cents ; 20,800 yards of hauling, 
at 31:i cents ; making 812,740. While the actual payment is 817,908.31 ; 
overi)ayment, 85,258.31." This was paid to a contractor ? — A. Yes, 
sir ; that was to the contractor. 

Q. And that voucher was signed by Barney? — A. Yes, sir: Mr. 
Vandenburgh had a large contract for grading on Virginia avenue. 
This is painted in yellow, what Mr. Vandenburgh did. 1 do not know 
whether it was ever recorded, but he had a special order to dig out 
also around the reservations, right and left. Mr. Barney's assistant, 
Mr. ]Mclutyre, measured this work. Where Mr. Franklin is now, Mr. 
Mclntyre was formerly. Mr. Mclntyre left the city, and another 
assistant was appointed. The superintendent of the street and 
Mr. Murray pointed out what was done by Mr. Murray. His con- 
tract was on New Hampshire avenue. Mr. Murray asked for a 
measurement from Pennsylvania-avenue circle down to the water. 
They Ibund out soon that down below nothing at all was done. How- 
ever, Mr. Murray, the contractor, and the superintendent, ])ointed out to 
Mr. Franklin that this work, wliicli was in fact done by Vandenburgh, 
was done by Mr. Murray, and this escaped the attention of Mr. 15arney at 
tlu' time. I wish to say that, of course, we have got money enough on 
hand, and his mistake would undoubtedly have been found out in the 
/inal voucher, because the cross-sections are only calculated up in the 
final voucher, and the 20 per centum retained. If it is not retained it 
is not the fault of the engineer department, but the fact is that the 20 per 
cent, is retained, and this would have been suttlcient to protect the Dis- 
trict against the temporary short-comings of Mr. Franklin, or rather of 
Mr. Murray, together with the statement of the superintendent of the 
streets. 

By Mr. Stewart : 

Q. I do not think I understand you. You say that the contractor on 
Virginia avenue did some work belonging to New Hampsliire avenue ? — 
A. Yes ; that is it. 

Q. And that when the measurement was made by the assistant of 
]Mr. Barney, Mr. ."Mclntyre, Mi: Murray, and the contractor pointed out 
all this work as liavingbeen done for him? — A. Yes, sirj that is it. 

Q. Were you thereat the time? — A. No, sir; 1 have inquired about 
this matter since. 

(^ That is the explanation that is given by Mr. Barney .' — A. Yes 
sir ; .Mr. Jiaruey can speak for himself better. 

132 DOT 



2098 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have you figured to see, takiug that amount ? — A. It makes that 
amount, sir. 

Q. To see wbetber that is the accurate amount that would make the 
dehcieucy 1 — A. Yes, sir ; not the exact amount, but an approximate 
amount. " You kno^Y in the partial measurement the cross-sections are 
not calculated up, because it would confuse the case. 

Q. That was a mistake ? — A. It was not a mistake ; one of the subor- 
dinates had been deceived by the contractor, together with the superin- 
tendent. 

Q. The engineer was deceived by the contractor ? — A. Y^es, sir ; and 
by the superintendent appointed by the board. 

Q. Who was superintendent there? — A. I forget the name. He was 
superintendent on that street. 

By Mr. Stanton : 

Q. Did I understand you to say that that deception was made possi- 
ble by the change of engineer"? — A. Yes, sir; if Mr. Mclntyre, who 
measured all this work — if it had been still in his charge, he would have 
seen the deception at once. 

Q. Did I understand you to say that he had left the service of the 
board ? — A. Yes, sir. 

Q. And therefore he could not be here for that purpose ? — A. Yes, 
sir. 

By Mr. STEWART : 

Q. Some of these measurements of ^ew Hampshire avenue were 
made by Forsyth, partly by Mr. Phillips. Mr. Hulse was certiHed to 
by Forsyth; have you ever looked into it! — A. Yes, sir; but super- 
ficially. 

Q. Have you made any examination of that ? — A. Yes, sir. 

Q. You have not measured it on the ground ? — A. I could not possi- 
bly ; but I have compared the cross-sections. 

Q. Mr. Blickensderfer here says that this contract was overpaid, I 
think, $1,000. Hulse was overpaid 81,015.81. That was made up by 
Mr. Forsyth. Mr. Phillips also made some of these measurements. 
AYho was Mr. Phillips "? — A. Mr. Phillips used to be chief engineer Of 
the board, up to January 10, 1873. 

Q. Where is he now f — A. He is in Cincinnati. 

Q. Was he a reliable man — he was chief before you ? — A. No, sir ; he 
was not. He was when Mr. Mullett was the engineer member of the 
board. 

Q. When Mr. Mullett was engineer he was chief ? — A. Y^es, sir. 

Q. He has not acted under you at all '? — A. No, sir ; only a couple of 
months — two or three mouths. 

Q. Did he make the measurements on New Hampshire avenue while 
he was under you "? — A. Well, I think Mr. Phillips was rather an easy 
man, he would not take that care which Mr. Barney does in comparing 
the estimates of his subordinates. He would consider his signature 
more as a clerical formality. If I am allowed I would like to make a 
further statement in regard to this deception of Mr. Barney. I 
wish to say, as is my duty, and naturally, of course, I looked 
carefully over those measurements reported by Mr. Blickensderfer. 
I found besides what you mentioned there that he found another 
apparent mistake of Mr. Barney. It is right here. On Virginia 
avenue there are a couple of little triangles; Mr. Blickensderfer did not 
know it; they were not on our cross-profiles. Here was additional 



TESTIMONY OF ADOLF CLUSS. 2099 

N\ Oik (lone by A'anderburgh, and this not being- on the street line Avas 
not on the cross-section at all, so Mr. lilickenderfer, no donbt inadvert 
ently, has been led into that error by not allowing lor these two tri- 
angles Vanderl)nrgh did. 

Q. Describe the location of them.— A. They were between Twenty- 
tliird and Twenty-fifth street, I should say to the east and ^Yest of 
Twenty-fourth street. 

Q. Putting those in and counting those in as having been done l)y 
the contractor, does that make the work on Virginia avenue correct ? — 
A. It makes it exactly correct; it makes it a little more than Blickens- 
derfer has it. 

Q. The deficiency on that avenue was small, but tliere was a deficiency 
lu)wever? — A. Yes, sir; but that makes it just about right, and I would 
request that this sheet be referred to Mr. Blickeusderl'er for examina- 
tion and report to the committee, because I desire that Mr. Jiaruey 
clear himself of the only two mistakes which Mr. Blickensderfer has 
found. 

Q. Are those the only two measurements certified to by Barney that 
Blickensderfer has found mistakes in? — A. That is so, to the best of my 
knowledge. I have examined to see, naturally, the testimony of Mr. 
Blickensderfer very closely, and those are the only two cases which I 
could find. 

By Mr. Wilson : 

Q. Do I understand you to say that those are the only two cases where 
you have found that Mr. Blickensderfer is in error ? — A. Where Mr. 
Barney has been in error. 

Q. I know; but where you are unable to correct Mr. Blickensderfers 
statement — where you can exi)lain his testimony ? — A. I do not think 
there was anything else that was erroneous except those. 

Q. Where you are able to account for the discrepancy that he (Blick- 
ensderfer) has found, does that arise out of any mistake that he made, 
or out of the fact that he did not have the data upon which he could 
get at these points ? — A. Out of the fact that he had not the data to 
get to this point, because the cross-sections which were taken were 
taken with a view to Virginia avenue, ami the cross sections did not 
show anything that the triangles right and left had been graded. 

i^. In other words, in order to correct his statement, as yua ha\e 
stated it. you have to get the work that was not embraced in that which 
he was examining ? — A. Yes, sir; that is it. 

Q. You have to add other work to it 1' — A. Yes, sir. 

By Mr. Stetvart : 

Q. But that other work did belong to it, and was done with it .' — A. 
Yes, sir; it belonged to it. It was in the same voucher. 

Q. And was not measured into any other work ? — A. No, sir. This 
can be easily proved by the recoids. 

Q. Have you undertaken to examine ? You say this accounts for the 
mistakes in the vouchers where Barney measured. Have you made any 
examination where iMr. Phillips measured, where the vouclu-r was 
signed by Phillips, to see whether thci-e was any explanation of that ! 
Did you look into that ? — A. 1 do not know. I am a little bit pedantic, 
you know. A statement of this New Hampshire avenue account was in 
print, in black and white, for work for grading between Pennsylvania- 
avenue circle and P-street circle, and of course I do not see how the 
printer can make a mistake and put down Pcnnsvlvania axcnuc instead 



2100 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

of Potomac River, and bow he could make the mistake and put down P- 
street circle instead of Boundary street. 

Q. But Mr. Blickensderfer takes Boundary street and the Potomac 
River, and he still finds these deficiencies ? — A. Yes, sir. 

Q. in the heading of Mr. Barney's certificate that was south of the 
avenue and outside of the limits printed in the report? — A. Yes, sir. 

Q. In order to reconcile it at all, they must go outside of the limits ? — 
A. Yes, sir; that is a fact. 

Q. It has not been suggested that this work was counted in anything 
else excei)t that where Vii^ginia avenue crosses'? — A. That is it. 

Q. But even taking the limits as now ascertained to be, there was a 
mistake in Mr. Barney's which you have explained ; there was a mistake 
in Mr. Phillips's, and there was a mistake in Mr. Forsyth's ? — A. Yes, sir. 

Q. Each had a mistake ? — A. Yes, sir. 

Q. Have you examined that measurement by Mr. Phillips and Mr. 
Forsyth to see whether there was any explanation of that? — A. The 
.principal thing was not measured at all. In that Government account 

Q. I do not mean any explanation. Had you made an examination of 
;the ground since this? — A. O, yes. 

Q. Can you make any exi)lan;ition of the contract; for instance, of 
Hulse's, made by Mr. Forsyth ? He made estimates for it in which there 
was an overmeasurement of sixteen hundred and odd dollars! — A. 
This, in consideration of the whole concern, is a small matter, and I 
look only at big discrepancies, and the big discrepancy is in the measure- 
ment of that till. That has never been measured or paid for by the 
board. It came in from other streets. 

Q, How dirt that discrepancy arise ?— A. Mr. Bliukensderfer got the 
cross section for it, but the cross-section had been taken by our engin- 
eer, but never worked out because it was not paid. The cross-sections 
are only worked out and calculated, if a final voucher is asked for. 

Q. The contractors are paid. Each contractor along there, according 
to his measurement with the vouchers in, have been overpaid ? — A. This 
is out in the Boundary, I believe. 

Q. Taking the whole thing from Potomac River to the Boundary, and 
taking the vouchers already in, every contractor has been overpaid 
more or less. Murray was overpaid $5,000, more largely than all the 
others, but they were all overpaid. Now, without any final vouchers 
coming in they have been overpaid to this time ; did you certify to that 
bill of Forsyth's that Hulse brought in? — A. No, sir; it was before my 
time. 

Q. And Phillips was before your time? — A. Yes, sir. I went with 
Mr. Blickensderfer, at his request, to Boundary street, and saw the work 
there, and I saw that the evidence which Mr. Forsyth had put down for 
a1)ont 3,S00 yards of grading which he requested me to help him see. 
I could not see it. 

Q. Then you have no way of accounting for that deficiency ? — A. 
Carelessness. 

Q. No way further than you have made as to the mistake where they 
crossed the avenue. In the certificates made by Barney you cannot 
make any further explanation of it than the statement made by Mr. 
Blickensderfer? — A. No, sir. 

By Mr. Wilson: 
Q. I intended to have asked you something about Pennsylvania ave- 
nue and New York avenue. Have you ever made any examination to see 
whether there was any overcharge to the Governmenton accountof these 



TESTIMONY OF ADOLF CLUSS. 2101 

avenues? — A. I have not been able to <lo tliatin tliis short time, tbonali 
in order to enlighted the eoniniittee a little bit on this ninddled question 
of assessments, I thought I could do better service by continiuf>- myself to 
one point of these three or four which you laid before me. I have here, 
since Saturday ni,<»ht, an assessmentsheetof tlie property from Pennsyl- 
vania avenue east from First to Se\'enth street. I will first read to yon 
this i)aper, then afterward I can explain to you mere l<nowin<ily. The 
Governor's Answer, on pa<ies414 an(l 415, from First to Fourth and from 
Sixth to Seventh streets, shows a number of i)ayments. In rej^ard to this, 
I would like to call attention to a palpable aritlimetical error which uoes 
throu.iih all the Government assessnu'uts. Allow me to illustrate. There 
is, for instance, an avenue costing' *ll.'0,0()(). Of course under the prin- 
cii)le adopted the Government pay two-thirds of that; that is to say, two- 
thirds of 8120,000, which would be 880,000. Now, the Government 
measurers went to work. They say chargeable and due, 8120,000 ; re- 
ceived on account, sav 800,000 ; deduct 800,000 from 8120,000, leaves 
860,000 ; two-thirds of 800,000 makes 840,000. Now you see they have 
levied upon the Government for 800,000 and 840,000 instead of for 
880,000. If you will allow me to take up one of these cases, it goes all 
the way through. Here is Pennsylvania avenue, it cost 8301,000. That 
is at page 414. 

By Mr. Mattingly : 
Q. Do you not know that that includes Pennsylvania avenue also, 
from Fifteenth street to Rock Creek ? — A. lam very well aware of that. 
Take i)age 391; he pretends to charge the GovernnuMit two-thirds of 
that. Two-thirds of 8301,000 would be, in a round sum. 8200,000. But 
what does he levy here ! He levies 8140,743, and then again he has re- 
ceived on account before, 8171,740 in full. 

By Mr. Bass : 

Q. You thouglit that one-third should be taken out before deduc- 
tion '? — A. Yes, sir. 

Q. The committee have looked at this. See if this is not the solu- 
tion of it. If you will, look on that a])i)ro[)riarion of June 10, 1872. 
Do you not find that the work which is deducted should be entirely i)aid 
for by the United States and not simply two-thirds of it ? If the truth 
is that the work at Lafayette Square, say, is deducted, (see page 414,) 
and at the Treasury and War Departments, 8lo,000, at Twenty-first 
street west, 810,000, and so on — if it appears, in fact, that the Govern- 
ment ought to i)ay all and not merely two-thirds of that, the deduction 
is properly made? — A. Then the deduction is properly maile. 

(^>. The committee have had that in examination. — A. 1 have not 
examined this part of it. I have only examined this part of the vouch- 
er which relates to east Pennsylvania avenue. 

Mr. Sewart. I want your idea of making an assessment where the 
Gov<'rnment own on one side and private i)roi>eity on the other; sup- 
lK)se there was 820,000 worth of work done, the Government owning 
one side and private property the other .' 

A. Suppose it was 818,000. The Government })ays two-tliiids, mak- 
ing 812,000. Tiic jirivate i)roperty on one side [)ays 8 >,0()(>, and tlien on 
the otiuT side the Government pays 83,000. 

(}. The Government would pay of that 815,000 and the pii\ate prop- 
erty 83,000 ?— A. Yes, sir. 

(,>. Is that the way it is figured ? — A. That is their theory, sir. I 
have reduced the following to writing : 



2102 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Thirtoeutb query. Such papers aud documents as may be uecessary to show the 
amount paid by tbe United States on account of Peuusylvania avenue, and the amount 
properly chargeable to the United States. 

This question, I am sorry, could not be answered in a direct way. Au explanation 
is necessary. 

The theory of assessing the United States for work on avenues has been to substi- 
tute it for the District government, and, therefore, aside of special work on or around 
Government reservations, to have it assume the two-thirds of the whole cost. 

Government has paid so far— 

From First to Fourth streets, and from Sixth to Seventh streets $107,660 43 

For reservation between Fourth and Sixth streets, including $;3, 780 for posts 

aud chains 81,706 40 

Total between First and Seventh streets 189, .306 83 

And again — 
For work between Seventh and Eighth streets 24, 675 90 

Aggregate between First to Eighth street 2 14, 042 73 

However, this is considered an open account, for the assessment, page 157, report of 
1873, charges as follows : 

Pennsylvania avenue, from First to Seventh street east: 

Charge the United States $195,433 67 

Charge general fund 80, 131 02 

Total, (including the reservations) 275, 565 59 

Add, for posts and chains on reservations, not included in assessment-sheet '3, 780 00 

Grand total claim between First and Seventh streets 279, 345 59 

Assistant Engineer Oertly, I notice on page 1673 of testimony before this committee, 
has made up another computation for Pennsylvania avenue, between First and Seventh 
streets, and sums up, against the United States, ,$250,G82.9(), instead of Mr. Forsvth's 
8279,345.-59. 

In consideration of these conflicting statements, neither of which is backed up by a 
clear and comprehensive suitemeiit of actual measurement in detail, I had au assess- 
ment-niiii) prejiared, as well as the very limited time admitted. This is herewith sub- 
mitted, with all the quantities inscribed. On such indispurable facts I have based as- 
sessment-sheets, as near as possible, according to the maxims prevailing lately. These 
sheets are also submitted. 

The process of conqjutation has been very simple — 
The Governrnent is charged in full for the work on reservations between 

Fourth and Sixth streets, inside of center-line of surrounding streets.. §97,893 30 
Then, the total cost of work between First and Fourth streets, and be- 
tween Sixth and Seventh streets, is made up from east building-line of 
First street to center-line of Seventh street ; it foots up to $198,098.39. 

Two-thirds of this is charged directly to United States, namely 132, 065 60 

The remaining one-third is $66,032.79; and this has been equally distributed 
on th(! whole adj(jining frontage of both sides of street. This frontage is 
6.588.74 feet, aud consists of private projierty intersecting streets and 
Government frontage, and gives a rate of .$10,022 per front foot, (instead 
of $11.2844 of assessment-sheet, report of 1873, page 1.57,) and makes for 
2- 1.63 feet, chargeable to United States 2, 421 61 

Grand total chargeable to the United States 232, 380 51 

IlecapitulaUon of cost and assessment of streets helween First aud Twelfth. 



Total cost of street $198, 098 39 

Reservation between Fourth aud 

Sixth streets 97,893 30 

Total 295,991 69 



Assessed to United States 1232, 380 5 1 

To intersecting streets, 2, 087.72 feet, 

atl?10.022 20,923 .i8 

To private property, 4, 259.39 feet, at 

at 610.022 42, 6S7 (50 

Total 295,991 09 



Note. — The above mode of treating intersections on avenues is just, since it charges 
these streets with only one-third of cost of whole intersection, instead of one-half, as 
usual. The concession is due to the limited width of streets as couqiared with the 
wide avenues. 

ADOLF CLUSS, Engimcr. 

May 19, 1874. 



TESTIMONY OF ADOLF CLUSS. 2103 

Tho account between Seventh and Eighth streets is a separate thing, and foots, as per 
adjoined Exhibit C, §4G,796.48. 
E. O. E. 

B3- ]Mr. Stewart : 

Q. That is the basis of a correct assessment ; how does that differ 
with the actual?— A. It does not dirter from it. I bring the rate for 
private property down, and I bring the assessment to the Government 
also (U)wu. In the limited time I wanted to show my good will to the 
committee, and wanted to bring those sheets here, something must have 
been (charged twice. Thereupon I bring the assessment against private 
proi)erty one dollar down, and I bring the assessment against the Gov- 
ernment also down. 

Q. What is the aggregate difference ? — A. I bring against the Gov- 
ernment 8232,000. Oertly had .$2.'30,000, and Mr. Forsyth had, accord- 
ing to my best understanding, 827.">,000. 

Q. Against private property how is it? — A. 810.02 against 811.28 — 
81.20 I bring it down against private property, according, I think, to a 
strictly mathematical calculation. 

By ]\[r. Mattingly : 

Q. Have you endeavored to ascertain the cause of the discrepancies 
that you refer to ? — A, Xo, sir; I have not. 

Q. Do you mean to say, now, that it is because you have not had 
time to ascertain what it is, or because you have made up your mind 
that it is one of those inscrutable things that you cannot find out ? — A. 
From what I have seen, and other things, if there is grading of 45,000 
feet, and afterward they charge 75,000, there is no comparison possible. 

Q. Then you have not endeavored to make any ? — A. Xo, sir ; I had 
not the time. I had this, and when I came here I put the last stroke 
of the pen down. These are, of course, independent of the avenues. I 
found a good many little extra bills, and this might have been possible, 
if I had [)lenty of time. I might have noticed the particular parts of 
the streets. 

Q. Did you make any in<iuiry of ^Ir. Oertly, so as to ascertain the 
difference ? — A. 1 could not lind ^Ir. Oertly at liis desk. 

(,). Tiien you have not done it ? — A. I could not find him. I had to 
do business, not to run after Mr. Oertly. 

Q. Is that the reason you did not do it, because you could not tind 
him .' — A. Yes, sir; I would have asked him if I had hdd the time and 
liis face. 

By Mr. Wilson : 

Q. Have you done any figuring on New York avenue ? — A. 1 IkmI not 
l)0ssibly the time. 

By 3Ir. Bass : 

Q. Do I understand you to say that you have assumed that tliis 
charge on page 414 relates to that work ? — A. Tiie upi)er portion of it. 
I have a nuMiiorandum here that a i)art of that work merely relates to 
Fifteenth street west and Rock Creek, altliough that seems to be omit- 
ted. You took that into the account? — A. Yes, sir; I exaiiiinecl tlnit 
part of the figures as closely as p()ssil)le, taking in deductions as well 
as charges — taking everything that relates to Ca[)itol Uill. 

By Mr. Mattingly : 
(}. Did you find any deductions rchiting to Capitol Hill — Pennsylva- 
nia avenue east ? — A. Yes, sir; tiiey are here. First street southeast, 
Second street, and Third street. 



2104 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Yoa treated these (lediictions in tlie maimer you stated a little 
wbile auo in your mode of estimating the account ? — A. Yes, sir. These 
deductions were received in full, and so it is not right to deduct them 
and afterward take two-thirds of it. 

By Mr, Bass : 

Q. Did you make an examination with reference to Maryland ave- 
nue, as to which Mr. Blickeusderfer testified "? — A. Yes, sir. 

Q. Have you testified on that subject before? — A. I have an inde- 
l^endent table here. 

By the Chairman : 

Q. Did you estimate anything for old work I — A. No, sir. 

Q. Just for work of the board ? — A. No, sir ; I considered it in one 
account, making all new work. It is impossible to make out a state- 
ment of old and new work the way things have been managed ; you 
must have a separate account kept. 

By Mr. Mattingly : 

Q. Did you make out a separate account for each ? — A. Xo, sir ; I 
made one for new work. 

Q. Don't you know the charge by the board was for both old and new 
work ? — A. 1 hope they have not made such an incongruous bill as to 
put in new work and old work. That must be stated on the face. That 
is businesslike. 

Q. That is your idea of what is business-like; but as a matter of fact 
don't you know that the charge for work done on the avenue included 
both old and new work "? — A. The board of public works is not aware 
of any such thing. 

Q. Are you aware of any such thing ? — A. No, sir. 

Q. And the only work you measured was for work done by the board — 
new work ? — A. Yes, sir. 

Q. You have made no statement as to old work ? — A. No, sir. 

Q. Don't you know that the Government made an appropriation to 
re-imburse for the old work *? — A. I know that the Government made 
one. This heading of the bill amounts to nothing. I stand upon the 
engineer's facts, and not upon the headings of appropriation bills. Of 
court-e, you know you must charge either new or old work. 

Q. Where th-e Government makes an appropriation to pay for both old 
and new work, do I understand you, as an engineer, that you would only 
make out a bill for new work, and make out none for old work "I — A. If 
incorporated in one bill, I would make two separate statements, showing 
clearly what was old and what new. 

Q. Suppose they did not make separate statements, but included the 
two items in one account. — A. I do not know how that could be done, 
for work done ten years ago was certainly done at a different price from 
what it was done for last year. It could not be done by any correct 
estimate. 

Mr. Mattingly. I will examine Mr. Cluss hereafter fully in regard to 
these matters. 

By the Chairman: 

Q. Do you know anything about a profile known as the Coyle's pro- 
tile, or a book containing some statements as to the contour of the 
streets ? — A. Yes, sir ; I have frequently seen it at the city surveyor's 
office. 

Q. Have you ever tested its accuracy in any way? — A. Well, I have 
frequently incidentally. I have found out that Mr. Coyle's book origi- 



TESTIMONY OF ENGINEER BARNEY. 2105 

iially, it seemed to lue, was done rift'ht well ; but it was not kept up, it 
seeuis. A<>(>od deal of work was done independent of Mr. Coyle's work. 
It is not reliable. 

Q. Is there any record of the work that was done outside of this 
Coyle record ? You say they disregarded it, or failed to keep it u\> ; is 
there any record showing '? — A. I do not think there is any record show- 
lug that at all. 

Q. You stated that you had no record in your office of the assess- 
ments ? — A. None whatever. 

Q. AYhose duty is it to make assessments under the organization 
here ? — A. The board of public works, no doubt. 

Q. But they do it by means of some subordinate ; what do the call 
him ? — A. Assistant engineer. 

Q. Who is he f— A. Mr. William Forsyth. 

Q. Does he do it as surveyoror as assistant engineer ? — A. I presume 
that he does it as assistant engineer of the board, because this is the 
only duty which he peiforms for his salary. 

Q. Does he keep a separate office ! — A. Yes, sir. 

Q. And copies of these records in that office ? — A. Yes, sir. 

Q. From your knowledge of him, does he keep these records accu- 
rately ? — A. I would rather not answer that question. 

The Chairman. I will not press it. 

Mr. Cluss. I want to say, before I leave the room here, that I was 
very glad to be able to make a statement here, in justice to the very 
able corps of assistants who have been trumpeted through the country 
as incompetents. I am glad to say that, on a close examination, we 
defy criticism as to all our doings; and I never knew better men, in the 
course of my professional life, than those men that I have now to assist 
me; and I think that these gentlemen will be able to vindicate what- 
ever has been done directly under the engineer dei^artment of the board 
of public works. 

By the Chairman : 
Q. You are quite willing that the engineer's estimates and measure- 
ments shall be put to a severe test ? — A. Yes, sir ; aud I invite it. 

By Mr. Stanton : 

Q. If any discrepancies are found, for instance, in Mr, Barney's meas- 
urement, you think that such discrepancies were such as uught luive 
happeiu^d in any competent engineer's measurement ! — A. Of course. 
In that l)ig mass of work, it is almost impossible that everything would 
be exactly accurate. 

Q. You believe him, for instance, to be quite incapable of doing auy 
thing fraudulent? — A. I think so, undoubtedly. I have watched him 
pretty closely. 

Engineer Barney recalled. 

By Mr. Stewart : 
Question. You were present when Mr. Cluss was making an explana- 
tion of the surveys whic;h you made at the intersection of Ninv Hamp- 
shire aud Virginia avenues '! — Answer. Yes, sir. If the committee ]>lease, 
I should like to explain that a little more iiilly. Perhaps J know a little 
more about it than .Mr. Cluss. Originally, Major \'audenburglj was 
awar(le<l the contract for giadingA'irgiiiia avenue, between Seventeenth 
street and Kock Creek. Subseciuently he had an order — I don't Icnow 
whether his contract demanded it or not; but I simply know that he 



210G AFFAIES IN THE DISTRICT OF COLUMBIA. 

had au order from the board to include the reservations between II and 
G and Twenty-fourth and Twenty-sixth streets — all that is colored in 
yellow on the map. Now, all this work colored in yellow was cross- 
sectioned, and the result of those cross-sections make 103,000 yards. 
Mr. Blickensderfer came within 400 or 500 yards, so it proves the cor- 
rectness of the cross-sections generally. But Major Vandenburgh, for 
the purpose of filling down here, also took out two small sections, right 
and left, of Twenty-fourth street, and then added to the amounts of 
the cross-sections, and that brings that estimate of Mr. Vandenburgh 
up to about 108,000 yards. The persons who had the contract for G 
street and Vandenburgh — there was some trouble about getting out 
that intersection. Each one claimed it. Finally, the parties who had 
G street, went on and took it out; but as our cross-section included G 
street, it was all work in those, and the intersections were afterward 
taken out. That is all this work in yellow here on the map ; with these 
two small red reservations make 108,000 yards, and deducting from 
that the intersections on G street, 4,000 yards, leaves 104,000 yards done 
by Major Vandenburgh ; as to Mr. Blickensderfer, probably I led him into 
the error in regard to it, because I had not looked into the matter myself 
for some time, and I had forgotten it. I told him at the time 
that I thought the intersection of G street and Virginia avenue was 
charged into Virginia avenue, but on looking it over I find tiiat it was 
to the contrary. And also another mistake in regard to New Hamp- 
shire avenue. Murray had the contract for New Hampshire avenue 
from the circle to the river. As I said before. Major Vandenburgh by an 
order from the board was allowed to take out on New Hampshire avenue 
between H and G, or allowed to take up a portion of the work covered 
by Murray's contract, and when the measurement was made for Murray, 
the application simply said, " Measuring for the grading between the 
circle and the river." The present Mr. Mclntyre, who had made the 
measurement for Mr. Vandenburgh, had resigned some six or eight 
months before, and I sent another assistant to measure New Hampshire 
avenue. This work was all done, and t!ie contractor deceived him. 
The man did not know himself The contractor deceived him by telling 
him a portion of the work on New Hampshire avenue which was done 
by Major Vandenburgh had been done by him, and he measured it 
up, and deducted some 6,000 or 8,000 yards, and left the nmii about 
29,000 yards, and which he returned to me as a partial estinicite ot Mur- 
ray. Of course, it is impossible for me to look over every final or partial 
estimate closely. I supposed the work was all included between the cir- 
cle and H street, instead of H and G. If I had known Franklin had 
allowed Murray one yard on H street, I would have cut it out. It es- 
caped me at the moment, and I called Mr. Blickensderfer's attention 
to it, and asked him to report it to the committee. 

By Mr. Stewart : 

Q. Mr. Blickensderfer said he got the cross-sections, and in crossing 
the ravine down there, as where the sewer was formed and partially 
filled the year before . — A. Yes, sir. 

Q. You gave him that! — A. Yes, sir. I furnished all the cross-sec- 
tions on the information we had of New Hampshire avenue. 

Q. You did not have cross-sections on that original ground ? — A. Yes, 
sir, I had cross-sections on the original ground to within about one hun- 
dred and fifty feet north of L street. 

Q. I mean that depression between Pennsylvania avenue and Tenth 
street. — A. That is the one I am speaking of. That depression runs 



TESTIMONY OF ENGINEER BARNEY. 2107 

from Twt'iity-lirst street down to L street, and cro^s-sectio^s were taken 
there, I think, in Jannary, 1872. 

Q. Taken before the till was made! — A. No, sir; a portion of the fill 
was made; only a slight portion; that fill there was made by day's 
work. I estimated it at about six or eight thousand yards. 

Q. Made by any of these contractors.^ — A. Yes, sir; made by the 
board; but the board employed men by day's work, and they filled in 
some (),{)()0 or S,(H)() yards at the L-street end of New Hampshire 
avenne. 

By Mr. Wilson : 
Q. You gave that to Mr. Blickensderfer, and he took it into his 
account? — A. Y'es, sir. 

By Mr. Stewart : 

Q. He took the old work into his account ! — A. Y'es, sir. 

Q. Did you nuike a measurement of the old work before they com- 
menced there? — A. No, sir; I did not. I took the cross-seiitions of 
the ground as I fouiul it. It was partially filled, probably O.bOO or 
8,000 yards put in. I took the cross-sections right over that surface. 

Q. Who measured the 0,000 or 8,000 yards filled in before ?— A. I 
presume Mr. Blickensderfer went over that, and got it the best way he 
could. 

By Mr. Mattingly : 

Q. He says he took it from your statement. How could Mr. Blickens- 
derfer measure it when it was all covered u^) ? — A. Take the level of the 
surface of the ground itself there, and the surface of the original ground, 
ami take the difference between them, and you get the height. 

Q. Y'ou did uot give him any information but what lie could get from 
the original ground in regard to the height, and how much was in there ? 
A. No, sir. 

Q. You had seen it before they had taken any measurements there ? 
The cioss-sectionsyounuide were on top of what had been put in by these 
day-laborers ? — A. Y'es, sir; the cross-sections cover all the work on New 
HaUipshire avenue, between the square and 

By Mr. Mattingly : 

Q. What is that estimate that you have here been speaking of based 
u[)on ? Did you make an^^ calcuhitit>n ? — A. I made a calculation. I 
got at the old surface as near as I could. I got at the old surface of 
New Hampshire avenue as near as I could from the surrounding surfaces ; 
that is, I used my own judgment about it. 

By Mr. Stewart : 
Q. Did you make that estimate at the time you talked with lilickens- 
derfer, or was your attention called i)articularly to it at the time you 
made your cross-sections? — A. No, sir; I did not make anything of 
that kind until he called upon me. I knew what the height of L street 
was, and tlie height of the (U'eek, and only about 200 feet apart. 
Ther(^ is a line, a sort of horizontal curve, between the two. Then this 
matter of New riain|»shire avenue, i'roltably (Jolonel Samo got con- 
fused there, because all this work on Virginia avenue and these reserva- 
tions were charged in as Virginia avenne, when a portion of it was really 
in New Hampshire aveiuie. He probal)ly got my voucher and charged 
it in ihe 103,000, when probably there were 20,000 or ;}0,000 yards on 
New llauipshire avenue. They were ne\er se[)arated, because .M;ijor 
Vanden burgh never had a final estimate. 



2108 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q, How is tliat 1 — A. I say Mr. Sauio miolit have been confused iu 
this matter of Virginia avenue from the fact that the line on Virginia 
avenue itself, and the reservations, were on my partial estimate sent to 
the auditor as Virginia avenue itself. Now, these reservations include 
a portion of New Hampshire avenue. He might have been confused as 
regards Virginia avenue. 

Q. But how as regards New Hampshire avenue ? — A. Suppose this 
103,000 yards on Virginia avenue ; he calculated New Ham])shire ave- 
nue was all cut out there, w'hereas this Virginia avenue included that. 
In other words he duplicated it. He calculated it once on Virginia ave- 
nue and once on New Hampshire avenue, and the partial estimates 
would not separate them, so that he might have been led into that 
mistake. I am unable to say whether I separated those or not. I think 
that I did, but I am not sure. I think I told Mr. Mades, the auditor at 
the time, to charge so much money to the one avenue and so much to 
the other. At any rate I returned the estimate. 1 have forgotten 
whether I told him to separate the avenues or not. 

By Mr. Christy : 

Q. State, if you know, what disposition was made by the board of 
public works of the very large amount of gravel takeu from Virginia 
avenue. — A. I suppose that gravel has been used all over that section 
of the city. 

Q. Do you know whether it was sold and enured to the benefit of the 
board? — A. No, sir; I am unable to say. I know there has been a great 
deal taken out, but what has been done with it 

Q. The excavation extended very far below the bottom of the street 
or grading"? — A. Yes, sir; I should think eight or ten feet. 

By Mr. Wilson : 

Q. Do you know what was doue with the gravel taken from the 
street ? — A. I have learned within the last two weeks it was hauled up 
on New Hampshire avenue. I was not aware of it before. 

Q. Who took it out there? — A. Major Vandenburgh, 1 think. 

Q. He had a contract for O street? — A. Yes, sir. 

Q. Was O street a pretty well graveled street ? — A. Yes, sir. 

Q. Just tell the committee what was done there. — A. Nothing done, 
except the surface was plowed up and carted away to New Hamp- 
shire avenue, and, iu fact, they have not been paid yet at all. 

Q. What kind of pavement have the people on O street got in lieu 
of that gravel road that they had there ? — A. They have not got any- 
thing there uow. 

Q. When you were on the stand before, I asked you some questions 
iu regard to this matter of measuring in cases where there was one man 
who had a contract for grading and another a contract for paving. If 
you uoticed the testimony you may have noticed that that 
thing has been adverted to since. If you have any further state- 
ment to make iu regard to that matter, you are at liberty to make it. — 
A. I do not know that I have anything further to say about it. I simi)ly 
know that where one contractor had the grading and another contractor 
had the paving, I had no means of knowing — rather of deducting two 
feet from the wooden pavement. I was given an application to measure 
the grading, and I measured it, and if given an application to measure 
wood pavement, I measured that. It may have been intended that we 
should have deducted two feet of grading. If it was, I never knew 
of it. 

Q. You never had any instructions to that eftect ? — A. No, sir. 



TESTIMONY OF ENGINEER BARNEY. 2109 

Q. When yon were on the stand before 1 asked you to refresh your 
recollection in re^uard to the number of cases of that kind on that 
occasion that occurred in the city. Have you given any attention to 
tlie snbject? — A. I gave a number at that time. I do not know that I 
think of any more just now. I think I made one mistake about the two 
feet of grading. I said on Rhode Ishind avenue, between Fourteenth 
and Sixteenth streets, the two feet of grading was not deducted from 
the Taylor & Filbert. I should have said it was deducted wherever the 
sanu^ contractor had the grading and the wood pavement. I have 
always deducted it. I always understood that to be the rnle, and I 
have always done so, but wiiere they have been separate I have not 
done so. 

Q. Do yon think it would be safe for the committee to assume that, 
in cases where one contractor had the grading and the other the i)aving, 
there was no deduction of the two feet for grading? — A. I have never 
done so, and I do not think any of the other engineers have. At least, 
if it was done by one it would have been done by all-. 

Q. I believe you spoke in your testimony before about the dilliculties 
of getting at accurate measurement on account of the contractors' tearing 
up the streets before you had access to them. I intended to ask j'ou 
about that, but I had forgotten whether I did or not. — A. I do not con- 
sider an accurate measurement can be made without cross-sections ; it is 
utterly impossible unless we have the old surveys of the ground, or have 
surveys after the work is done. I consider it utterly impossible to get 
an accurate measurement. 

Q. IIow often was it, as nearly as you can tell, that the contractor 
went to work upon the streets before you had an op[)ortunity to make 
your necessary preparations to make accurate measurements of them f — 
A. That is imijossible for me to say, from the fact that I have had I 
sui)pose fifty ai)plications for grading in one day. 

Q. Were there many of these cases? — A. Yes, sir; so far, two or 
three tnonths during the summer of 1872, we were hurried very much 
indeed; all the while did the best we could; it \vas utterly impossible 
for us to get the information we would like to have had. 

Q. In these cases where the contractors went to work ui)on streets 
before you had the opi)ortnnity to make your necessary prei)arations 
you would not hold yourself responsible for their accuracy ? — A. No, 
sir. I should use my own Judgment. I should say my Judgment is as 
good as anybody else's. That is all. 

Q. You had to depend in these cases upon your judgment ? — A. Yes, 
sir; most entirely so. In some cases there might be some landmarks 
by which you might be able to tell, but in a great many cases the streets 
were cut down, and two months after there would not be the slight- 
est means of telling anything about it. 

By Mr. Bass : 

Q. Who was the chief engineer at that time ? — A. There liave been 
three engineers since I have been here; at that time, summer of 1872, 
Ii. C. Fhilli[»s, of Chicago. I thiidv he came about .May. ."Mr. .MuUett 
was the chief engineer from December until May. jNIr. C'luss was ap- 
pointed engiiu^er in January, 1873. 

Q. Do you know whether tiie fact of the necessity of having cross- 
sections before the work was done was brought to the notice of the board 
or its chief engineer? — A. 1 know that when I came here abnost the 
very first thing I said to Mr. Mullett was to si)eak to him about the 
necessity of cross-sectioning; in fact I had been railroading all my life 



2110 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

before, almost, aud I never knew any case where grading was estimated 
without tlie original surface of the ground — cross-sections — plotted 
up. I do not mean that it is necessary to plot cross-sections, or to get 
the cross-])rotiles of the piece of ground. I do not care anything about 
the plot, but I simply want to get the level. I called Mullett's attention 
to the necessity of that when 1 first came here. He was then the chiet 
engineer, and he directed me in every case to take cross-sections. I 
exphuned to him the necessity of the matter, but it was utterly impos- 
sible for us to do it. I did the best I could. That winter we took nearly 
all the cross- sections. 

Q. It was impossible to do it because of the want of force? — A. Yes, 
sir. During that winter we were taking cross-sections all the time, 
nearly, and took all that we could. 

By Governor Shepherd: 

Q. Do you know whether or not every means were taken to get 
proper help in the engineer department '? — A. I cannot say positively 
about that, sir. I know whenever we wanted any help T would go to 
the chief engineer, Mr. Mullett, or Mr. Phillips, and tell them just what 
the circumstances were, and asked them to help us out. 

Q. Did not the board of public works always do the utmost that was 
in their power toward securing it? — A. I think they did. 

Q. In regard to these cases which Judge Wilson speaks of, where the 
measurements Avere made without cross-sections, did you, as an officer 
of the board, do what was right and just by the District and the General 
Governmeut in making your measurements? — A. I did, sir, in every case. 

Q. Did you give the contractors any advantage in making your meas- 
nremeuts ? — A. Never, sir. 

Q. If there was any advantage, did you not give it to the District 
government'? — A. I did always. 

By Mr. Mattingly : 

Q. In tliis case, where one contractor had the contract for grading and 
another for paving, did this question as to the deduction of two feet 
ever occur to you until the thing was wanted here? — A. x^o, sir. 

Q. You never made any inquiry of any officer of the board whether 
it was proper to make the reduction or not? — A. If a man had a con- 
tract for grading, I supposed that he was to be paid for it. I never 
heard the inquiry at all. 

Q. You just assumed, and passed the thing over; it never occurred 
to you? — No, sir. 

M. G. Emery recalled. 

By Mr. Wilson : 

Q. I wish to ask you another question or two iu regard to flagging 
around Government property. Did you put down flagging around the 
Post-Office and the Paten t- Office ? — A. A portion of it on F street iu 
front of the Post Office, and some on Seventh street. 

Q. When did you do that ?— A. In 18G3. 

Q. At what rate did you put that down ? — A. I cannot tell you, sir. 
By referring to my order-book to-day, I found I delivered some 5,000 
feet of flagging in front of the Post-Office in 1803. The price is not 
carried out. I suppose when it was laid the Government measured it, 
and the bill was paid for and receipted, and went into the Post-Office 
Department, and will be found there. The vouchers will show the prices. 



TESTIMONY OF M. G. EMERY 2111 

Q. What (lid it cost to lay it ? Give us such items as yon can iu 
regard to that fiaggiug f — A. I find that I paid a man six cents a foot 
for jointing and laying it. I f'nniished the cement and sand. 

Q. What was the sand and cement worth '! — A. About four cents a 
foot. 1 also liagged the bottom of the area portions of it, fnrnislied the 
sand and cement, and charged them 25 cents a foot for the stone, and 
10 cents a foot for laying, «;ement and sand. That was an inferior flag- 
ging, however; what we call rough, inferior flagging, what is called a 
seasoned tiuality. We pay some five or six cents a foot for it less than 
we woukl lor the other. 

Q. From your knowledge of the prices of that flagging that you put 
there at the Post-Oflice, what do you thiidc you received ? — A. I think 
you will find that it is charged at about 50 cents. That is my recollec- 
tion, but I could not speak positively. The voucher will tell you. 

Q. You gave the committee yesterday a statement as to the prices of 
flagging of the character that is used here. Are there any deductions 
made from the regular rates where flagging is bought iu large (pianti- 
ties? — A. ]S one, except in the payment, that I know of. 1 have fre- 
quently had deductions madeby paying cash from the printed bill prices. 

Q. What deductions are made for cash ? — A. Three per cent., I think, 
only. There are some errors in the printed statement of the testimony 
that I would like to have corrected. The question was asked on page 
203J:: "What is it worth to furnish the necessary material and lay it 
down and joint it as it is now done per square foot ? '' The answer as 
here given says: "About 10 cents. We estimate it at about 10 cents." 
I said 44 cents. Then on page 2035 the following question was asked : 

There is another class of Haggiiig that is user! here, that is sawed or dressed, or " axed 
oft'" — I don't know what term yon apply to it. Wiiat is that class of llagging worth; 
what is a reasonable price for furnishing that and putting it down ? 

The answer was: 

It would cost about 1.") cents extra. Q. F'ifteeu cents in addition to the others? — A. 
Yes, sir. 

The Witness. That would make it about 80 cents for the cost. I 
mean 15 cents and 44 cents — 50 cents. I did not mean 80, but 59. 

By Mr. Stanton : 
Q. It would be 59 cents for the cost, and 89 cents for the reasonable 
price '? — A. Yes, sir ; but it speaks of the cost. 

By Mr. Wilson : 

Q. You mean what ? — A. The cost would be about 59 cents. I did 
not want to be understood as saying that it cost 80 cents. 

Q. But the profits added to that would be the other amount ? — A. 
Yes, sir. There is also one other place. On page 2039 : 

By Governor Sukphkhd : 
Q. What did I understand you to say that the net cost of tliat flagging was, deliv- 
ered here — sueli llagging us the lioard of pulilic works put down ? — A. I say that the 
ordinary llagging, such tis was laid down in front of the Garden CouservatoVy .square, 
was worth al)out 05 cents a foot. 

His question is, wliat is the cost of it? 

I mean 44 cents as the cost. I answei-ed it as though it were the 
price, not the cost. The cost of the ordinary flagging delivered here 
on the street is 27 cents. That was my estimate. I mean by my an- 
swer, 27 cents delivered here on the street, but my answer is lieie Co 
cents. 



2112 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 
Q. Then adding to that the cost of Joiuting it and putting it down as 
yon gave it on yesterday, with the profit, would make the aggregate cost- 
price of putting down that kind of flagging I — A. Yes, sir. 

By Governor Shepherd : 
Q. That is without any parking"? — A. Yes, sir. And just here 
another thing : the parking is put down wrong in my answer. 

By Mr. Stanton : 
Q. You adopt an average distance of hauling ? — A. Yes, sir; average 
haul. oSTow, in regard to tlie parking, the question was asked — 

Now, what would 19 feet of parking be Avorth iu addition to that, at 50 cents a 
yard ? 

The answer is printed here 12 or 14 cents. It should not have been 
that way. 50 cents a yard is five ceuts and something a foot. I did 
not mean to say that it would b^ 12 or 11 cents a foot, but about 5J 
cents a foot. 

By Governor Shepherd: 

Q. Be kind enough to say what price was paid by the corporation for 
the flagging for the past five or six years, including bridge-stones'? — A. 
I think it was 60 cents; I am not certain. 

Q. Was it not 75 cents'? — A. I will not be positive. It is possible 
that it was. They were of a larger size. 

The committee adjourned until 10 o'clock to-morrow morning. 



Thursday, May 21, 1871. 
The committee met pursuant to adjournment. 

Juan Boyle sworn. 
To Mr. Wilson : 

I reside in Washington. I have lived here about eighteen years. I 
have been away at times. I am in the real-estate business, and have 
been for the last five or six years. 

Question. Have you been in any other business"? — Answer. Only iu 
real estate, and negotiation of loans on real estate, and different kinds 
of securities. 

Q. Have you ever liad any contract with the board of public works 1 — 
A. Yes, sir; one. That was for paving K street with the Phillips block- 
j)avement. 

Q. How did you get that contract ? — A. I should like to state my 
connection first with the company. We purchased the contract after- 
ward. Before the District government was formed I was connected 
with the Ballard Paving Company of New York. It was introduced to 
them when they got their patent here. They laid a pavement, I think, 
for the old corporation. I negotiated a loan of money for them with 
which to lay the pavement, and out of consideration for that service 
they offered me an interest, after this government came into existence, 
in any contracts gotten in this city, if 1 would attend to their business. 
I then expected to lay the Ballard pavement, but for some reason the 
board decided to lay the Phillips pavement, and I sold out my contract 



TESTIMONY OF JUAN BOYLP:. 2113 

to the Ballard Paving Company, and they gave it to some other ])er.son 
to lay. 

Q. Yon got a contract tor laving that pavement ! — A. Yes, sir. 

Q. What did it amimnt to?— A. Some 820,000 or $30,000. 

Q. To whom did you make application for that contract '! — A. 1 made 
api)lication to Governor Cooke and to the board of public works — geu- 
erally by written application — and to the vicei)resideut of the board. 

Q. What was your interest in this contract? — A. My interest iu the 
contract received tor the Ballard (;ompany was to be ten cents a yard 
and this paving. I did not receive that much, because it never paid. I 
think 1 received about 81,1'0(>. 

(). Y^»nr agreement with the Ballard Paving ('ompany was, if I un- 
derstand yon, that you were to have ten ceuts a s(piare yard for all the 
contracts they had in this city lor laying their pavement? — A. They 
had a contract. 

i). Did tbe Ballard Paving Company lay the Phillips round block 
pavement. Was that their pavement? — A. No, sir; they had a pave- 
ment of their own, and it was for that reason I transterred the Phillips 
to them, because they did not wish to have anything to do with it. 
They did not lay it themselves at all. 

Q. How did you happen to get a contract to lay the Phillips round- 
block j)avement when that comi)an3' had no authority to lay any such 
pavement as that ? — A. They had the authoritv if they had chosen to 
do it. 

Q. J)id they have the right to use that ? — A. By paying so much a 
yard royalty they had the right. 

Q. Did you e\er have any other contracts awarded to you than this 
one of which yon have spoken ? — A. iSfone that I know of. I never 
heard of them. 

Q. Did you ever receive any money out of any contracts other than 
this one r — A. No, sir. 

Q. Either directly or indirectly ? — A. No, sir. 

Q. In the transfer of this contract, how much did you receive '? — A. I 
was to have received about $2,000, but as there was a loss sustained, I 
did not take what I was allowed. I only took about $1,200. 

Q. With whom did you negotiate when you sold out to the Ballard 
Paving ('ompany i — A. With Mr, Ballard, tlie president of the com- 
l)aii\. 

(.),. That was all the connection you had with it? — A. That was all. 

Q. Was there at any time an understanding that that company or 
that you, the representative of that company, was to receive any par- 
ticular amount of paving to do in this city ? — A. No, sir. 

Q. Did you make an application lor the ])aving of any particular 
street, or was it just simi)]y a general ai)[)lication for paving to do ? — 
A. 1 think it was a general application. 

(,). J>id you make any specilication as to the amount of paving that 
you desired to get a contract for ? — A. I have asked for large ones sev- 
eral times, but never asked for any special amount. 

Q. How often have you made application for contracts? — A. I never 
made any since I received that one, but for that one I made several 
applications. 

i^. Were the applications liled in the board of i)ublic works, or were 
they letters addressed to the memliers of the board ? — A. I think that 
they were filed with the 1)oard oi' [>ul)lie works. They were generally 
addressed to the board, or to the governor, as president of the board 
133 DOT 



2114 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Who drew the money that was paid on this contract? — A. I be 
lieve Balhird, or some other company. I do not know who it was. 

Q. Did he draw it on power of attorney from you? — A. No, sir 5 I 
made a transfer of the contract. 

Q. The contract itself was assigned ? — A. Yes, sir. 

Q. And you had nothing to do with it ? — A. Nothing, except some of 
the business was transacted in my office connected with the contract — 
most of it was. 

Q. Who paid you the money you received from it ? — A. I think it was 
Mr. BaHard, though I am not positive. 

Q. Was that paid at the time the transfer was made by you ? — A. No, 
sir ; not until some time afterward. 

Q. How long after you got this contract did you assign it to this 
Ballard Paving Company ? — A. I think it was shortly afterward — two 
weeks, perhaps. 

Q. This round-block pavement was not laid there 1 — A. Yes, sir ; it 
was laid. It was a cheaper pavement, and for that reason it was laid. 
1 did not make application for the Phillips pavement. I made applica- 
tion for the Ballard pavement. 

Q. How much cheaper is it than the other pavement? — A. I think 
one was $1.50 and the other, I think, was $3 or $3.50. 

Q. Did you make this application in your own name for this con- 
tract? — A. Yes, sir; and received it in my own name. 

Q. Was there any understanding as to who was to do the work at 
the time you made the application ? — A. The Ballards were to do the 
work, and I was to oversee it, and negotiate any paper that was neces- 
sary to carry the work on, and pay th;^ hands, &g. 

Q. Well, was that the understanding ? — A. With the Ballard Paving 
Comfiauy. 

Q. But as between you and the board of public works, what was the 
understanding as to who was to do the work ? — A. Of course they made 
the contract with me ; they expected me to do the work. 

Q. Did you have any understanding with the board that anybody 
else was to do it ? — A. No, sir ; not at all. I made the transfer, and of 
course had to receive permission to do that. 

Q. Had you ever been engaged in a contract before that time ? — A. 
No, sir. 

By Mr. Christy : 

Q. Who constituted the Ballard Paving Company ? — A. That I could 
not tell you ; Mr. Brown, Mr. Ballard, and Mr. Marsh, 1 think, were con- 
nected with it. Those are all I know. 

Q. What Brown is that? — A. I do not know what his first name is. 
I think he came from the western part of New York ; but he is not 
actively engaged in the company at all. 

John F. Seitz sworn. 
By Mr. Wilson : 

I reside at 1008 New York avenue in this city. My occupation is 
that of a baker. I have lived here all my life-time. 

Q. Have you had anything to do with any contracts with the board 
of ^mblic works in regard to the improvement of the streets of this 
city ? — A. I have indirectly. I made an application for a contract. I 
made an application to Mr. Shepherd, the vice-president of the board. 

Q. What kind of a contract did you make an application for ? — A. 
The carriage-way at Tenth street. 



TESTIMONY OF JOHN F. SEITZ. 2115 

Q. Did you get tbe contract awarded ? — A. No, sir; not directly. I 
thought the contract was awarded to nie, but when I came to see it I 
found it was awarded to Taylor & Filbert. 

(}. Did you receive anything on account of it ? — A. Yes, sir; 82,."i00. 

Q. Was there anybody else associated with you in connection with 
it? — A. Yes, sir. Mr M. Frank Kelly and Arthur Shepherd. 
. Q. Anybody else ? — A. No, sir. 

Q. Now tell the committee all that you know in regard to this trans- 
action, — A. After I had been ])romised a contract I went to get it, and 
was assured I should receive it, and made my arrangements with Mr. 
Jonathan Taylor, or his agent at least, for a certain specified sum. 

Q. What was the sum f— A. $0,000. 

Q. Who did you make this application to to get the contract? — A. 
To the vice-president of the board of i)ublic works. 

(}. Was that Governor Shepherd ? — A. Yes, sir; I made application 
at the office of the board on Fourth-and-a-half street. 

Q. Go on, and tell us all you know about it. — A. I made an arrange- 
ment with the agent of Messrs. Taylor & Filbert for the price stated, 
$0,000. After the contract was given Mr. Filbert went out that even- 
ing — I was to be paid next morning. I went up to Mr. Shei)herd's house, 
and came back next morning and went to get a settlement with him, 
and he said he could not pay the price he agreed. He said Governor 
Shepherd told him that he gave too much for it, and he could not 
aiford it. 

Governor Shepherd. What was that ! 

The ^VITNESS. Mr. Filbert told me that he had given too much for it, 
and could not afford it. 

Governor Shepherd. For what t 

The Witness. For the street. I wrote Mr. Shepherd a letter in re- 
gard to it. Then, I thiidv, on consultation with Mr. xVrthur Shepherd 
and Mr. Frank Kelly, I thought we had better take what we could get. 
He offered to give 25 cents a square yard for it. 1 took it as part pay, 
as I thought. 

Q. What else ? — A. Since then Mr. Filbert has paid me $100 on the 
balance. 

Q. Was the $2,500 paid you? — A. No, sir; it was paid to M. Frank 
Kelly. He received a check on the Metroi)olitan Bank for it. 

(I AVho gave that check ?— A. Dr. Filbert. 

(}, How was that money divided ? — A. Equally between the three. 

Q. What three ? — A. M. Frank Kelly, Arthur Shepherd, and myself. 

Q. Were there any writings drawn up in regard to this matter? — A. 
Yes, sir. 

Q. Who drew them? — A. Mr. Beidler; h'^ represents the Philadelphia 
company ; the Keystone Paving Company, I sui)pose. 

Q. \\'iiere were those papers drawn? — A. At Mr. W. O. Dayton's 
house, on Twelftli street. 

Q. AVho were present when those pai>ers were drawn ? — A. Mr. Day- 
ton, Cavanaugh, and Mr. Taylor. Mr. Cavanaugh is in the Treasury 
Dei)artnu'nt now, I believe. His first name; is Thomas. 

Q. Was the street designated that you were to have when this ar- 
ranjiement was first gone into ? — A. i'es, sir. 

Q. What street was that ?— A. Tenth street, between F and N. 

i}. Did you ever see Ciovernor Shophenl personally in regard to this 
mattei- at any time m regard to the contract ? — A. Yes, sir. 

Q. Where ? — A. At his oflice on Fourth-and-a-half street. 



211fi AFFAIRS IN THE DISTRICT OF COLUMBIA. 

(i Did you ever have any conversation with John O. Evans in regard 
to tbis matter? — A. Yes, sir. 

Q. Wliatwasit! — A. I went there with Mr. Arthur Shepherd, and 
he said that it was a wood pavement and he did not like to interfere 
with it, but go around and see Mr. Clephane. I think he sent me 
around to see Mr. Clephane, who represented some company. I did see 
Mr. Clephane. 

Q. How did you get your portion of this money ? — A. I got it from 
the National Metropolitan Bank. Dr. Filbert gave Mr. Kelly the check, 
and we divided at the bank. 

Q. Did Cavanaugh get his portion of it ? — A. No, sir. Mr. Cavan- 
augh sold the contract; that is, he got this purchaser, Mr. Beidler. He 
thought they were going to have the Jveystone paving, 1 believe, at the 
time, and afterward they concluded not to let him have it, I think. 

Q. Do you know where this agreement is that was drawn up? — A. 
Mr. J. S. Beidler has them. He lives on Chestnut street, in Philadel- 
phia. 

Q. About what time did this occur? — A. Some time in August, 1872, 
I believe. 

Q. Have you had anything to do with any other contracts with the 
board of public works ? — A. No, sir. 

Q. Do you know of any other person who has procured contracts from 
the board that have been sold, or out of which money has been pro- 
cured, where the i)arties themselves did not do the work ? — A. I cannot 
say, of my own knowledge. 

Q. Was there any arrangement at the time this matter was agreed 
upon as to who was to do the work in the event this contract was 
awarded that you received "! — A. Mr. Shepherd said if I would bring 
him a responsible party to do it, I could have a contract. 

Q. Have you any papers in your possession that will throw any light 
upon this or any other matter connected with the affairs of the Dis- 
trict government ? — A. No, sir; not at present. 

Q. Not at present "? — A. No, sir. 

Q. Have you had any ? — A. I think so. 

Q. Who has got them now ! — A. I do not know at present. I cannot 
say. 

Q. What is your impression as to who has them 1 — A. That I cannot 
say. 

Q. To whom did yon give them ? — A. To Mr. Beidler, I think. 

Q. Any other papers than those "? — A. No, sir. 

Q. Have you had any other papers in your possession ? — A. No, sir. 

Q. Were the papers that you gave to Mr. Beidler simply the contract 
that you have referred to, or any other papers than that? 

The Witness. With regard to that contract? 

Mr. Wilson. All in regard to this contract? — A. Yes, sir. 

Q. Did you give him any other paper than simply this contract? — A 
No, sir. 

Q. Who did the writing — the drawing up of that contract? — A. I 
did, I think. 

Q. What was that contract about — what was the agreement that 
was to be "? — A. That he was to pay so much money for it — $0,000, I 
think, for the street. 

Q. Who signed the agreement? — A. Mr. Beidler, as the agent of 
Taylor & Filbert. 

Q. W^ho signed it on their part? — A. It was simply signed by Beidler — 
simply his agreement to pay. 



TESTIMONY OF JOHN F. SEITZ. 2117 

Q. Did it state to whom tlie money Avas to be paid ! — A. To me. 

Q. Who witnessed the a freemen t!^ if anybody ?— A. Mr. Dayton and 
Mr, Cavanan<;h were present at the time it was execnted. 

Q. Was there any money i)aid at that partieuhir time ?— A. No, sir. 

(,). Who was present when tiie money arrangement was made ' — A. 
Mr. Taylor, Mr. Kelly, Mr. Filbert, and inyself. 

Q. Yon say the nioney was divided. How did the ])arties get to- 
gether and d'^ivide the money ?— A. 1 went down to ]\Ir. Kelly, to the 
bank, and drew the money and they paid me, and went down and paid 
Mr. She] (herd. 

Q. Where afterward ! — A. Down at the Repnblican olhce, J think. 

Q. Did you see Mr. Shepherd get the money l — A. No, sir. 

Q Uow do you know that he got it ?— A. Because he has so stated to 
nie. 

Q. You didn't yourself know that fact?— A. No, sir. 

Q. Mr. Arthur Shepherd'^ — A. Yes, sir. 

By Mr. Stewart: 

Q. You three were asvsociated in getting contracts; who were the par- 
ties associated with you ?— A. I put in the application ; we went in 
together, :Mr. Kelly, Mr. Shepherd, and myself. 

Q. HoAT did it come about ; how did you come to organize for the 
pur})ose; where were you and when? — A. At different places; at the 
Kepnblican office, one place. 

Q. Was Mr, Shepherd connected with the Republican office ?— A. 
Yes, sir. 

Q. Who wrote the application ? — A. I did. 

Q. Who was present when it was done? — A. I think Mr. Kelly was 
present. 

Q. You put in an application and spoke to Governor Shepherd about 
it ? — A. Y'es, sir. 

Q. And he said if you got a responsible party he would let you have 
a contra<;t ? — A. Yes, sir. 

Q. He did let you have a contract ? — A. Wiien I received the con- 
tract it was not in my own name at all ; it was in Taylor & Filbert's 
name. 

Q, Who received the contract ?— A. I received it from the secretary 
of the board. 

Q. How did you happen to receive it if it was not for you ? — A. Gov- 
ernor Shf pherd authorized the secretary to give it to me. 

Q. In Taylor & Filbert's name '? — A. Yes, sir. 

Q. Then what <li(l you do? — A. I went down stairs and met J)r. Fil- 
bert, and went up to his office and got the money for it. 

Q. Right then ".—A. That same day. 

Q. Y^ou had a contract with him previously to that. Did you make 
this contract with him for $0,000 belbre or after you got the contract ? — 
A. Belbre ; not with him, but with his agent, J. S. Beidlei". 

Q, Then, after you got the con tract, yon wanted the s(;,000 ? — A, Yes, 
sir. 

Q. He would not give it? — A. Xo, sir; (lovernor Shepherd told me 
he gave too much Ibi- it; In.' could not afford it. 

Q. Who eonld not alVord it ?— A. That he conhl not— :\Ir. Fill)ert 
could Jiot alford to i>ay that i)riee for it. 

Q. And do the work .' — A. Yes, sir. 

Q. That is what >>Ir. Filbert told you ;' — A. Yes, sir. 



2118 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. But he gave you $2,500 1 — A, He paid 25 cents a square yard ; I 
tliiuk that was tbe sum. 

Q. Wlio was present when he paid the money over? — A. Mr. Frank 
Kelly, Mr. Beidler, and I tbink this man Slatter, 

Q." You took one-third and he took the other two-thirds ? — A. Yes, sir. 

Q. And how did you ascertain he gave that other half of bis one- 
third to Arthur Shepherd ? — A. He said so. 

Q. Whof— A. Mr. Kelly and Mr. Shepherd, both. 

Q. How long after tha^ did you see Mr. Shepherd? — A. That night. 

Q. He said be had got his part ? — A. Yes, sir. 

Q. Where were you when be said it? — A. Down at tbe Republican 
ofdce. 

By Mr. Mattingly : 

Q. When did you see Mr. Clephane — before or after tbe contract was 
awarded '? — A. Before. 

Q. Wliy was that pending tbe application for the contract ; were you 
trying to sell it out? — A. Yes, sir. 

Q. "with tbiit view, you went to Mr. Evans and Mr. Clephane ? — A. 
Yes, sir, I saw ^Iv. Evans and 31r. Clepbaue, but could not negotiate 
with them. 

Q. You then went to Dr. Filbert? — A. Yes, sir; and he made tbe ne- 
gotiations with bis agent ; afterward with himself. 

By Mr, Christy : 

Q. In what business was Mr. Frank Kelly at that time ? — A. I 
tiiink he was assistant assessor. He was assistant to George Beal, su- 
j)erintendent of assessments. 

Q. He was at least subordinate to Mr. Beal at that time ? — A. Yes, 
sir. Mr. Beal was superintendent of special assessments. 

Governor Shepherd. I want to ask a question or two. 

By Mr. Shepherd : 

Q. Did not you importune me daily for a long while, for tbe paving 
on Tenth street, on which you live? — A. Yes, sir. 

Q. What was my response to your importunities ? — A. I forget. 

Q. Was it to this effect, that I would not award a contract unless it 
was to some responsible party who could do the work ? — A. Yes, sir ; I 
have just stated that. 

Q. You state that my brother Arthur was connected with you in 
getting this contract? — A. Yes, sir. 

Q. Did you let tne know at the time that be had any connection with 
it? — A. No, sir. 

Q. You never said anything on that subject to me ?— A. No, sir. 

Governor Shepherd. I should like, Mr. Obairman, to have my brother 
and Mr. Kelly summoned before this committee in regard to this mat- 
ter. It is the first 1 kneAV of his having any connection with it. 

By the Chairman : 

Q. Why didn't you tell Governor Shepherd that his brother Arthur 
was interested in it — in tbe contract with you ? — A. I did not think it 
was necessary. 

Q. Did you think that would help you to get it ?— A. I do not know. 
My influence was enough to get it without anybody else ; without letting 
biin know it, at least. 

Q. You are positively certain you did not tell him so ? — A. No, sir. 



TESTIMONY OF JOHN F. SEITZ. 2119 

By M. Bass : 
Q. Did you tell Goveruor Shepherd you were paying any homis for 
the co?i tract"? — A. I did not i>ay any bonus. 
Q. Getting a bonus? — A. No, sir. 

By Governor Shepherd : 
Q. Do you think you would have got the contract if you had told uie 
luy brother had any interest in it t — A. I do not think I should, and 
that is the reason I did not tell you. 

By Mr. Wilson : 

Q. Do you know anything about Gleason's contracts on Maryland 
avenue ? — A. No, sir ; not directly. 1 know he did get some, and I 
thcught I would be interested with him at one time. 

Q. \Vas there any understanding of that kind ? — A. Partly. 

Q. With whom did you have that understanding ? — A. With Mr. 
Gleason, I thouglrt I was entitled to something. 

By Mr. Stewart : 

Q. You say you are a baker ; how did you become entitled to " some- 
thing f — A. Like anybody else that wanted to make a few dollars. 

i}. What had you done particularly to entitle you to a contract ? — 
A. I was situated like a gJ'eat many others. 

Q. A great many others are situated very peculiarly — how is that? — 
A. 1 thought if I would make an application I might succeed in getting 
it, and if 1 did not I would not lose anything. 

Q. You thought you were entitled to a contract ? — A. As much so as 
anybody else. 4 

Q. No more I — A. No, sir. 

Q. Did you ever hold any oflice ? — A. I am now holding office — I hold 
the office of commissioLer of tlour of the District of Columbia. 

Q. Were you holding office at that time ? — A. Yes, sir j I was holding 
the sanu^ i)Osition. 

Q. What does that officer do ? — A, He fixes the grade of all flour in 
the District. 

Q. You say you wanted the work done on Tenth street, where you 
live ? — A. I live nearly at the corner of Tenth. 

Q. Js that the reason you assigned to Governor Shepherd why you 
wanted to get a contract — to get the particular work done ' — A. My ob- 
ject was to make some money. 

Q. I asked what reason you assigned to Governor Shepherd? — A. I 
wtis not particular about Tenth street; anj"^ other street might have 
suited me just as well. I should like to have had Massachusetts ave- 
nue, if I could have gotten it. 

Q. You did not say anything about tlie imp)Ovement of that particu- 
lar street .' — A. No, sir. 

Q. You did not suggest to him that an> particular street ought to be 
improved at any time? — A. I nuule a))plication for Tenth street partic- 
ularly. 

Q. Wiiy 7 — A. I thought that was oiu> I could get. 

Q. Did you say anything to Governor Shephcnl about the desirability 
of having that street improvcMl particularly ? — A. No, sir; I think it is 
the best wood pavement that is laid, liowever. 

By the Chairman: 
Q. How many commissioiuM-s of lh)ur are there .' — A. One for the city 
of Washingtoji and two Jbr Georgetown, 



2120 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Stewart : 

Q. Wliat do tln'y receive f — A. All that they can make. If an in- 
spector inspects llonr and a miller objects to the inspection, he calls the 
commissioners as arbitrators; they decide; whoever loses has to pay $5 
on each barrel. 

Q. How much have you made during the hist year ? — A. I have made 
30 since I have been holding the office during the three years. 

Q. About $10 a year"? — A. Yes, sir; that was only quite recently, too. 
For the first two years I did not make anything. The position is more 
of an honor than a profit. 

Q. Your profession being a baker, it comes in yonrway, and it places 
you high in your profession ? — A. I think I am an expert in it. 

By Mr. Wilson : 

Q. Was there any understanding that you Avere to do this work 
when you got this contract? — A. Islo, sir. I was to have a responsible 
party, and I went and told Governor Shepherd that Mr. Taylor would do 
the work, and he tlien awarded the contract. 

Q. What was the object in letting this contract through you ? Was 
the contract let directly to you or to Taylor & Filbert 1 — A. The con- 
tract was let to Taylor & Filbert. 

Q. Now, what was the purpose of letting this contract through you 
to these parties ? — A. So the governor had a responsible party, it did 
not make any diflerence whom he let it to. 

Q. Was not this a means of putting money into your hands ? — A. I 
do not think the governor knew it. 

Q. What was yciiir purpose in this ? Your purpose was to get money 
out of him ? — A. My purpose was to make some money. 1 had no 
means to carry on the contract. 

Q. And it was not understood that you were to execute this contract, 
but that somebody else was to execute it? — A. The governor told me if 
I brought him sonie responsible party who would do the work he would 
give me the contract. Mr. Taylor went to see him about it himself in 
I)erson. 

Q. Was there any expectation at that time that you would profit in 
this way '? — A. I do not tliink the governor gave it a moment's thought. 

Q. Did he suppose that this vras all being done just simply on your 
part, as a mere matter of gratuity to Taylor & Filbert ? — A. I have no 
right to suppose anything about it. 

Q. You had your arrangement with them, did you ? — A. Yes, sir. 

Q. Who sent you to John O. Evans? — A. Arthur Shepherd and I 
went together. 

Q. Who directed you to go and see him ? — A. I cannot say. 

Q. Wliat is your best impression ? — A. It has been so long back. 

Q. Who took you to see Clephane'? — A. John O. Evans, I believe. 

Q. When you went to John O. Evans, was there anything said be- 
tween you and John O. Evans in regard to what you should be paid, 
and how you should be paid it ? — A. He asked lor a few days to con- 
sider the matter, and I went to see him afterward, and I did not get 
any definite answer from him. I thought he was trifling with 7ne. 

Q. Was there anything said between you and him as to what amount 
should be paid ? — A, I cannot say. 

Q. \yas there anything said between you and him as to how you 
should be paid, whether in money or something else? — A. I do not 
remember. 



TESTIMONY OV JAMES A. MAGRUDER. 2121 

Q. Wliat is your best impression? — A. I tliiiik T liave a diary, and 
can refresh my memory. 

Q. I wisli you would briufiit up in the morninji-, and any other jtapers 
you may have, so as to enable you to give us all the facts m regard to 
this transaction. 

By Governor SnEPilERD : 

Q. Was not the ground of your application for Tenth street based 
upon the report and knowledge that you were a property-owner there 
and lived on the street ? Was not that the argument used in regard to 
it — that you had part of the taxes to pay? — A. My parents had, I 
believe. 

Q. Was not that argument used witli me by you ? — A. 1 do not remem- 
ber. It might have been. 

Q. You say that this order was made out to Taylor & Filbert. Wiis 
not that done at your recpiest ? Did you not request that it should be 
uuule out to them ? — A. I think so. 

The committee here adjourned until to-morro\v morning at 10 o'clock 



Friday, May 22, 1874. 
The committee met pursuant to adjournment. 

James A. Magritder recalled. 

The Witness. If you will look on page 157, expeiulitures of the 
treasurer, the first clieck of July 12 that you called my attention to 
was *(i(),.35G.2(). Looking down, commencing at August 21, John O. 
Evans, sl>0,()0(), that is the beginning, and if you will add those three 
checks up, the check of $()0,35().20, 87."),000, and $30,335, and then the 
next one of July 15, $10,003, you will find that running down to Albert 
Gleason, Rhode Island avenue, between Fourteenth and Sixteenth 
streets northwest, $7,2.53 — taking those checks in that regular line you 
will find they aggregate the exact amount to a cent of these checks. 

By Mr. Bass : 
Q. The first $20,000 item is W. O. xVdams ?— A. The first item is John 
O. Evans for Twelfth street between B street north and B street south, 
$20,000. The next is $10,000, the next is $8,000, the next is $1,000, the 
next is $0,000, and the next is $1,350.20. John O. Evans for Farragut 
Square, P-street circle, and Scott Square, $27,000. John O. Evans, 
work i)er schedule, $45,000. John O. Evans, Seventh street between B 
street north and B street south, $7,000. Ditto, Fourteenth street be- 
tween H north and B south, $7,000. Albert Gleason for Seventh street 
Ix'twciMi E and G streets northwest, $8,325 ; ditto, F street between 
Sixth and Ninth northwest, $11,712. John O. Evans for Fourteenth 
street between B north and B south, $15,000. Albert Gleason for 
Tenth street between F and Water streets southwest, $1,023 ; Twelfth 
street between B north and B south, $2,000; (J street between Thir- 
teenth and Fourteenth southwest, $1,325 ; Ithode Island avenue between 
Fourteenth and Sixte'enth streets nortiiwest, $7,253. 

By Mr. Wilson : 

Q. What does that foot up? — A. That foots ui) the amount of these 
checks. 

(^ Give me the amount, if you i)lease. — A. The amount is $182,594.20. 



2122 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By IMr. Bass : 

Q. Let me understand you ; that is those three checks ! — A. Four 
checks. 

Q. Those four checks marked ? — A. Yes, sir. 

Q. The eutry is made in your book here under the date of August 
21, 1873 ?— A.' Yes, sir. 

Q. The checks were drawn July 12 and July 15, 1873 ? — A. Yes, sir. 

Q. When was the money actually paid out 1 — A. At that time. 

Q. What time?— A. July 12. 

Q. Why is it that you failed to enter those amounts until August 
21? — A. For the reason I told you the other day, that very often I 
laid these things away until I got time to separate them, and sometimes, 
when my clerk was away, I had to wait until he came back. He was 
away sick. Very often I was away myself. They were locked up in my 
safe. That is the only reason. 

Q. You were not away when you paid the money out 'I — A. No ; of 
course not. 

Q. That you paid out at your office? — A. Yes, sir; very frequently I 
drew checks late in the evening — at night. 

Q, When were the entries made on those stubs which you say you 
made out at a different time — the numbers of the certificates ? — A. That 
I cannot recollect. It is possible that when I sent those checks for the 
different (!ertificates, payable to the order of the cashier of the First 
National Bank, they were entered when the certificates were returned. 

Q. How did you know that the National Bank held those certificates? 
— A. They wrote to me. 

Q. Have you the letter? — A. I do not know whether T have or not. 

Q. Do you recollect, as a matter of fact, that George F. Baker wrote 
yon saying that he had certain certificates, and thereupon you sent him a 
check ? — A. Yes, sir. 

Q. And you had no voucher when you paid the money out except 
his letter of assertion that he had the certificates? — A. The check was 
payable to his order as cashier. 

Q. Very well ; what difference does that make ? Let me see if 1 
understand you. Do you mean to say that as the treasurer of the board 
you were accustomed to send checks out in that way upon the faith of a 
letter, and trust to subsequent events to produce you the vouchers ? — 
A. No ; I knew another fact. I knew he held those certificates because 
we had asked him to advance money on them. 

Q. Have you those certificates here? — A. No, sir; but I know the 
fact. 

Q. Have you looked to find the certificates ? — A. I sent up a youug 
man to get the number of those certificates and what they were. 

Q. Have you the memorandum as to those particular certificates and 
the amount ? — A. No; I can go and bring them to you if you want 
them. 

Q. 1 understood you to say you were going to bring the vouchers? — 
A. If you want them I will go right down and get them now, 

Q. i have no particular request to make about them. Then you did 
not bring any of those vouchers? — A. No, sir; I did not bring any of 
those up. 

Q. How do we know from that book that those i-tems whicli you have 
pointed out are the particular items specified on these check stubs ? — A. 
They correspond to a cent. 

Q. That is the only evidence that you have ? — A. No, sir ; I told the 
young man to go to the numbers of those certificates and see who they 



TESTIMONY OF JAMES A. MAGRUDER. 2123 

were issued tcfaud what. He just came right do wu aud says, "here 
they are." 

Q. Wliat I waut to kuow is, what evideuce we have here that these 
items Avhich you have pointed out on this book are the items repre- 
sented ? — A. Well, 1 swear they were the items represented by those 
certitieates. 

Q. That you swore the other day ? — A. No, sir; I did not the other 
day, because I did uot had them tlie other day. 

Q. But we want some inherent eNidence ot'tliat fact. — A. I can bring 
you the certificates showing they were issued for this worlc as it is liere. 

Q. We supposed you were to do that to-day. — A. You can liave them 
iu a few minutes. 

By Mr. Bass : 

Q. Tliese items on the book do not in any way indicate that they rep- 
resent the items of money paid to George F. Baker i — A. No, sir. 

Q. They only run to George F. Baker, cashier ? — A. Yes, sir, exactly, 
for certificates so aud so. 

Q. Very well, there is no number of a certificate iu this book ? — A. 
Yes, there is. 'So, there is none. 

Q. George F. Baker's name does not appear in this book ? — A. 
So, sir. 

Q. But Jolm O. Evans's name does ? — A. Y^es, sir. 

Q. But John O. Evans's name does not appear on the stub book ! — A. 
Xo, sir. 

Q. What evidence have we except your assertion that they are the 
same items of cash ! — A. 1 tell you I will bring you the certificates if 
you want them. 

By Mr. Hamilton : 
Q. The certificates do not show anything more ; they will not show 
the name of the cashier, Baker, upon them ? — A. So, sir. 

By Mr. Bass : 

Q. How are you able to swear that these items are the same items 
represented by these checks, except from the mere fact that the aggre- 
gate of these sums aggregate the amount of these checks ? — A. For 
the simi)le reason that the numbers are there. 

Q. The what ? — A. The numbers of the certificates are in that check- 
book ; those vouchers, or, rather, those auditor's certificates, are num- 
bered just corresponding with those numbers. 

Q. Have you compared them since you were here? — A. Yes, sir; I 
asked the clerk to get me 

Q. Have you compared them, since you were here, yourself ? — A. No, 
sir ; I liave not compared them, since I was here, myself. 

Q. Which of these items corres])onds to the first check of 800,3oG.20? — 
A. I have here $20,000, $10,000, $8,000, $1,000, $9,000, $1,350.20, $7,000, 
and 87.000. 

Q, ilow many items does that make ? — A. Plight. 

Q. Those eiglit items foot ui) the amount of that check ? — A. Yes, 
sir ; $(;3,35(;.20. 

Q. Yes ; but the check is $60,350.20. I wish you would take that and 
see if you can make the amount ot that check, which bears a ditVerent 
date from any other in the list which 1 gave you. — A. Whieli oiu' I 

Q. This first check. There ought to be some items there that will ag- 
gregate the same amount. — A. They will. I will give them to you in a 
moment. I have it here— $45,000, $1,350.20, $7,000, and $7,000. 



2124 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have yon any evidence, except tbe mere fact that tUese four items 
ha])pen to foot up the amount of the check, that they are represented 
by that check ?— A. Yes. 

Q. What other evidence in the world ? — A. The evidence that I gave 
this list of these certificates. Said I, "You find out who those are sent 
to." I told that to the clerk — to go up to the auditor's ofl&ce. He took it 
right from that check-book — the numbers of those certificates. " Find 
out whom those are to," I said. He came back with a memorandum, just 
as they are here ; then I checked them off on this book. Then I took 
the next check ; I checked them off. 

Q. Well, let us get through with that first. Why was it, if you 
checked them off, that you were unable to identify that check even now, 
except by the mere fact that you find certain items that aggregate the 
amount of the check, and therefore you assume it 1 — A. No, I do not as 
sume it, because he brought me those very ones, and I checked them off 
on this vei\Y book, and then I got the next and checked it off, and I 
found them all here right together — charged right here together. 

Q. Will you explain another thing? These items on the book run, 
first, one of .$1,350.20, to Albert Gleason, for filling the canal; one of 
$45,000, purports to be a sum of money paid John O. Evans, according 
to work per schedule; another of $7,000 purports to be for work done 
by John O. Evans upon Seventh street, and the other, for $7,000, tor 
work done by John O. Evans upon Fourteenth street. Now, the name 
of John O. Evans does not appear on your check-book. — A. No, sir. 

Q. Neither does Albert Gleason's name appear. — No, sir; because 
they did not hold the certificates. 

Q. And there is the same explanation, I suppose, in regard to George 
F. Baker, in the next items ? — A. Yes, sir ; and I can give you those, 
if you want them. 

Q. We will not take the time to go through all those. Now, take the 
next item which which was referred to — $50,000 — being the check dated 
February 7, 1873 ; where is that on this check-book"? — A. That I did 
not look for, because 1 would have to go all through Filbert's accounts 
to find out what those were paid on. 

By Mr. HAMILTON : 
Q. Are the numbers given there ? — A. No, sir ; they are not given on 
that. 

By Mr. Bass : 

Q. It purports to be a check dated February 7, 1873, for $50,000, pay- 
able to the. order of Filbert ; can you tell on this account that you have 
rendered to the board of public works where that item of $50,000 is 
entered ? — A. No, I cannot; it is entered here probably in a dozen cer- 
tificates, or half a dozen, or four or five. 

Q. I ask you if you can tell where it is entered ; give me one certifi- 
cate that represents it; the check was drawn February 7, 1873, for 
$50,000 ? — A. Those were bonds, I think ; I noticed some of these checks 
were payable in bonds; it is possible that was. 

Q. How can we tell f — A. There is one. 

Q. I call your attention specifically to the check of February 7, 1873, 
for $50,000 ; can yon give us any history or account of that check, who 
got the money, where it went to, or where it is entered in your book 
account ? — A. Filbert has got it, and it is entered on my account some- 
where. I certainly would not pay out that money without entering it 
somewhere. I have got something for it. In other words, it is here. I 



TESTIMONY OF JAMES A. MAGKUDER. 2125 

got some indebted iiess of the board. It may have been a dozen eerti- 
ficates. 

Q. Of course I can guess as well as you, but, as I understand, you 
cannot tell by the way this account is made up where it is, or what 
items represent that $,jO,000. — A. Well, I think 1 could figure it out in 
time. 

Q. About how long would it take t — A, Well, that I cannot tell ; not 
very long, down at the othce. 

Q. Tlien there is another item of February 15, 1873, of $05,000. Will 
you look at that? — A. Tl)at is Freedman's Savings Bank. 

Q. Can you direct us to the items, and put your linger upon them, in 
this account which you rendered of your expenditures, indicating which 
items represent that sum of $05,000 or any part of it ? — A. I think very 
likely that is one item of $11,000. It is the Abbott Paving Comi)auy. 
I know they dealt with them. It is dated February 17. They dealt 
up at the Freedman's Bank. 1 do not know positively. 

Q. There is an item dated February 17. — A. Entered February 17. 

Q. The Abbott Paving Company for G street, between New Jersey 
avenue and Seventh street, northwest, $11,252. What evidence have 
you that that is a part of the $05,000? — A. 1 have not any at all. 

Q. What makes you say that you think it is ? — A. Simply because 
they ke])t their account up there, and left their certificates and got 
money on them. 

Q. And that is all ?— A. That is all. I only know this, that for all 
thes(» checks 1 received 

(^>. That is exactly what you said the other day, and at your request 
I understood that you desired to take this memorandum to your office 
and bring back here to the committee the vouchers. — A. 1 did with 
those things that are numbered. 

Q. Where ? You have not produced a voucher here ; you say yourself 
you have not looked at the vouchers since you were here. — A. I will 
send right down and get them if you want to see them. 

Mr. liASS. The committee would like those vouchers. 

By Mr. Wilson : 

Q. I V, ould like to know what the meaning is of this item : John O. 
Evans, for work, per schedule, $45^00 f — A. The engineer sent in a dif- 
ferent lot of work ; different streets. Tlie auditor makes up the amount 
on each of these streets, and then issues his certificate per schedule. 

Q. I find another item here that I will call your attention to. On the 
18th of March, 1873, there was a check issued to .lolin O. Evans for 
$42,000. See if you can find anything corresponding witli that. — A. I 
find on March 11), John O. Evans, for flagging, $5,.33G.65; John O. 
Evans, for l>iidge street, Georgetown, «&c. 

Q. Your explanation as to that would be the same as the other? — A. 
Yes, sir; of different certificates. They are here ; I think right along. 
There are a lot of certificates charged to him on the 10th. 

Q. You received about the Kith of January, 1873, that approi>riation 
of $1,210,000, did you not ?— A. Yes, sir. 

(^ How long was it before you had paid that all out? — A. That I 
cannot tell you — not very long. 

Q. About how long? — A. Probably a couple of weeks. I do iu)t 
know, however. I cannot speak positively about that. 

Q. Did you go to these banks and have? a settlement wifh them imme- 
diately of all the certificates that they held and paid it out of that ai)- 
propriation ? — A. No, not all of them. I paid them a good deal. 



2126 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q, How macli did you lack of paying the whole of it! — A. That I 
cannot tell yon ; I cannot remember back that far. 

Q. I have here a check- book, and every check in it seems to have 
been drawn on the 17th of March, excepting three, which were drawn 
on the 18th of March. — A. I told you about this before ; I told you that 
I did go to the bank and pay them a large amount of money when I 
received that money. 

Q. What bank was that ? — A. This was the jSTational Metropolitan 
Bank. 

Q. What other bank did you go to 1 — A. I weutto the First National. 

Q. How much did you pay there ?— A. I do not recollect how much, 
I paid them a good deal. 

Q. Did you not commence paying there the very day that you drew 
this money, giving your checks to that bank ? — A. No ; I think not. 1 
might possibly, but I do not think it was the very day. 

Q. You got' the money on the 13th, did you not, or was it on the 12th ! 
Your account will show the date you have charged yourself with it. — A. 
The Governor's Answer will show what day the money was got; at least 
it will show what day it went through the Treasury. 

Mr, Wilson. It seems to have been on the 11th. 

The Witness. Well, then, it was the 11th or 12th, probably, that I 
got it. 

Q. You commenced paying on the 13th ! Do you recollect what 
amount you paid at that bank 1 — A, I do not. 

By Mr, Bass : 

Q. Can you give any idea of how much you paid ! — A. I cannot. 

Q. Did you pay any at the Freedmau's Bank at the same time ? — A, I 
think 1 did. 

Q. Do you recollect how much ? — A, I do not. I want to say this 
right here, Mr. Bass, that there is an itemized account which makes 
every man a detective; this report has gone out broadcast where every- 
body could see it that wanted to; I have given out a large number of 
copies, and I do not think I have ever had an application while we had 
them, from anybody who wanted one of these reports, that I did not 
give it to them. Every item is put down here and who it was paid to, or, 
rather, what it was paid on, and tl>e amount; and if it is not paid, any 
man could have come forward and said so. 

By Mr, Wilson: 

Q. Now, Mr. Magruder, do you pretend to say that that book makes 
every num a detective, and enables every man to understand whether 
this account is kept correctly or not? — A. I pretend to say this, Judge 
Wilson, that if there is a charge in that book against a man, he knows 
whether it is paid or not. 

Q. Can this committee tell? Is there any mode by which this commit- 
tee can verify that account, excepting by going through your vouchers, 
item by item ? — A. No, sir; and no committee nor anybody can verify 
anybody's account without going through their vouchers. 

Q. Do you not know that you posted up upon your door a notice that 
no clerk, on pain of dismissal, should be allowed to give information 
without an order from the vice president of the board ? — A. No, sir ; it 
was not on my door, and never was on my door, but it was a very 
I)roper thing to do, sir ; very. 

Q. Well, wdio did ?— A. Just let me talk. I want to say this, that 
where imputations are thrown upon us, we have a right to defend our- 
selves. 



TESTIMONY OF JAMES A. MAGRUDER. 2127 

Q. Defend yourselves by coneealiii.ii- your record or by exhibiting 
it? — A. Fot by concealing anything; but if every man was allowed to 
go into that oltice that chose to go there, there would be no work done; 
and every Department in this city to-day lias the same order ; the 
clerks are not to be allowed to show pajiers, &c., to people without 
the anthority of the heads of the bureaus. The same onler exists 
in all tlie Departments of the city, and it is a very proper order 
to give; and Mr. Cluss himself went" to Mr. Willard, 1 have ascertained 
since 1 was on the stand before, to ask Mr. Willard to give such an 
order. He said that orders were given to do certain work ; the first he 
heard of them was on the street ; before the clerks had time to brief the 
papers and send them into the ofQce, the contractors came to him and 
wanted him to go to work; and that he went down and asked Air. Wil- 
lard to give that order. 1 have ascertained that since 1 was here before. 
Mr. Cluss told me that himself. Mr. Wilson called my attention, and 
asked me if I did not know that such things had been done. 

By Mr. Wilson : 

Q. I ask you now if you do not know that it was done ! — A. I do 
know it now ; I did not know it at the time; but it was a very proper 
order. 

Q. You stated under your oath, a nu^ment ago, that this book made 
every man a detective, and eimbled every man to determine. — A. So 
it does. 

Q. And you say that he cannot do it except by looking through your 
vouchers? — A. Of course, if any man came there 

Q. Is not that true ? — A. I have had very often 

Q. Hold on a minute ; I want the answer to my question. Is not that 
true, that he could not do it except by looking at your vouchers ' — A. 
Certainly he could not. 

Q. And yet, if you would not allow him to look at your vouchers, how 
could he be a detective? — A. I would allow him if he came to my office 
and asked me to see them. 

liy Mr. Bass : 

Q. You swear that you paid $50,000 on Julv 15 to L. S. Filbert?— A. 
I do. 

Q. W Mr. L. S. Filbert was sufiicient of a detective to seek to ascer- 
tain by the report (^f the board of public works where you had entered 
up that $50,000, how would he go to work to find it ? — A. He w^ould 
come right to me and ask me, and 1 would show him the ct'rtificates. 

Q. That would be a poor place. lSuj)pose he looked at your report, 
how would lie t\ui\ it ? — A. Would he not know that I had paid liiui ? 

Q. Certainly ; luit the point is, where he would lind it entered in your 
puldished account that you were so careful to circulate. — A. He would 
find it ill here, if he would go through that acitomit. 

Q. Where? — A. In this account. 

(). Whereabout, I ask you. If Filbert could find it, yiui certainly 
can. ^Vill you have the kindness to put your finger upon a single one 
of the items constituting that $50,000 t — A. 1 cannot do it here. 

Q. Tiien would you find fault if b'ilbert could not do it ? — A. No; but 
if he would come to the ofiice he could do it. 

(}. Well, then. Filbert would not be a very good detective .' — A. Yes, 
he would. The point is simpl\ this, that there has been no attemi>t to 
conceal aiiytliiiig, es|»e(',i;illy I'roiii the committee. .ludge Wilson's im- 
putation is thai we were attempting to conceal matters. Now, we do 
not want to conceal anything, especially from the committee. 



2128 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Wilson : 

Q. You say I make an imputation against you. I make no imputation 
against you. You came here at the outset of this investigation saying 
you wanted to be thorouglily investigated. — A. So we do. 

Q. And completely vindicated U — A. So we do, fairly. 

Q. And we are trying to do it. If you do not give us light it is not 
our fault. — A. I do not know the fairness of the thing. 

Mr. Wilson. Well, I know something about it. 

By Mr. Bass : 

Q. If you bring those vouchers they will probably throw light on the 
way the account is made up. — A. I will give you those vouchers that 
you are speaking of. You shall have them. You said the other day 
that all you wanted was for me to point out in this book. I pointed it 
out, and you shall have the vouchers. I will go and bring those vouch- 
ers now. I want to see if I can find a correspoiuling amount of certifi- 
cates paid to Filbert. He has been dealing with a lot of people, and 
under several contractors. For instance, he has had this man Gregg. 
It may have been Gregg's certificates paid to FUbert. 

Q. Cue other thing before you leave the stand. There was a question 
the other day with regard to a certificate of Mr. Oertly for $148,000, 
which seems to have been referred to the auditor by you, as I infer by 
this continual accumulation. That is the one to which Mr. Cluss testi- 
fied. It seems to have passed through your hands, and never was 
audited by the chief engineer. — A. I have done this in severalinstances 
when I have been there alone. People wouhl come in, after the thing 
had been in a while, and want their measurement. I never ordered the 
auditor to issue a certificate without sending it into the engineer's 
department for one of the engineers. I have sent for Mr. Barney, and 
asked hiin, "Mr. Barney, do you know anything about this"? Is it safe? 
I want you to take this up, and look over your books, and come down 
and tell ine is it safe to give that much money as a partial measurement, 
or as a partial payment, on this work." If he said no, I would refuse to 
do it; if he said yes, I would do it. 

Q. The point I want is this: There was some little question the other 
day in assuming that this was either right or wrong as to which mem- 
ber of the board of public works was responsible for the audit of that 
particular account, and it appears by these papers that it was audited 
upon your own request, and that if any member of the board was re- 
sponsible it was yourself. — A. Do you make that 60 1 I am responsible 
for that ; that is a partial payment. 

By Mr. Wilson: 

Q. Then your explanation of this would be that this application hav- 
ing been made to you, you called upon Mr. Oertly ? — A. l^o, sir ; I 
called upon somebody ; I don't know who. 

Q. See if that letter will enable you to say who you called on ? [Re- 
ferring to a document.] — A. That was sent down to ine from the engi- 
neer's ofhce. I do not know who I called upon. I called upon whoever 
the engineer was, or sent a note up. 

Q. Who furnished you the information upon which this thing was 
done f — A. I acted upon that, I suppose, [indicating a paper.] 

Q. Who did it ? — A. I do not know. 

Q. Have you not the signature before your face f — A. O, Oertly did 
this, September 1, 1873. 

Q. Please read that indorsement of yours to the reporter. — A. I 
would like to put the whole thing in evidence. It is as follows : 



TESTIMONY OF JAMES A MAGRUDER. 



2129 



Wasjiingtox, August 2fi, 1873. 
Hon. Board of Pini.ic Works, 

District of Columbia : 

Gentlemkn : I would respectfully ri-fiuest that a lueasnreinent be made of the follow- 
ing work, now being done by nio under your orderss, viz : 

Grading in square No. 2Vl. 

E street south, from Tenth to Thirteenth streets west. 

C street south, from Thirteenth to Fifteenth streets west. 

Fourteenth street west, from B street north to B street south. 

Twelfth street west, from \\ street north to B street south. 

Tenth street west, from F street south to Water street. 

Filling on Maryland avenue west, from Thirteenth to Fourteenth streets. 

Grading Maryland avgniie west, from Thirteenth to Fourteenth streets. 

Rhode Island avenue, between Fourteenth and Sixteenth streets west. 

I street south, between Seventh and Ninth streets Avest. 

H street south, between Seventh and Ninth streets west. 

B street north, between Twelfth and Seventeenth streets west. 

I would a'so request that an estimate b;- made to cover expenses of work on Seventh 
street west, between E and G streets north, and F street north, between Fifth and 
Ninth streets west. 

Verv respectfully, your obedient servant, 

ALBERT GLEASON. 

Total amount of work done by Albert Gleason, esq., on following streets, viz : 
Twelfth street, southwest, from B to B, viz: taking up cobble and old mate- 
rial, setting curb, and sewer ^4,204 06 

E street, southwest, from Tenth to Thirteenth, grading and hauling to canal. 17,76.5 25 
S street, sc uthwest, from Seventh to Ninth, grading and hauling to canal. .. 15, 184 58 

Square 212; grading and hauling to canal 19,600 GO 

C street, southwest, from Thirteenth to Fifteenth, grading and hauling to 

canal 5, 127 42 

Maryland avenue, from Thirteenth to Fourteenth, filling 1, 074 15 

Maryland avenue, from Seventh to Eleventh, grading and hauling to canal. 4, .582 60 

Tenth street, southwest, from H to F street, grading 1,623 60 

Fourteenth street west, from BtoB 4, 843 93 

H street, southwest, from Seventh to Ninth, grading and hauling to canal .. 5, 841 29 
Massachusetts avenue, digging trenches for retaining- wall, between Four- 
teenth and Fifteenth 98 00 

B street north, from Twelfth to Fifteenth, sewers and grading 4, 850 40 

F street north, from Sixth to Ninth, and Seventh west, from E to G 56, 121 61 

Rhode Ishmd avenue 7,253 22 

Total 148,230 11 



Most respectfully, 
Septe.mukr 1, 1873. 



Respectfully referred to the auditor. 
By order of the board. 



B. OERTLY, 

District Engineer. 



September 3, 1873. 



CHARLES S. JOHNSON, 

Assistant Secretary. 



Washington, September 2, 1873. 
Hon. Board of Prnuc Works, 

District of Columbia : 

Gentlemen : I would respectfully rer|uest that you will direct certificates to the 
amount of sixty thousand dollars (s(;o,<H.)tl) to be issued to me on account of last esti- 
mate an<l measurement of work doiu; by me, as follows: 

Grading in sipnire No. 212. 

E street soutli, from Tentli to Thirteenth street west. 

C street south, from Thirteenth to Fifteenth street west. 

Fourteenth street west, from B street north to B street south. 

Twelfth street west, from B street north to B street south. 

134 DOT 



2130 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Tenth street west, from F street south to Water street. 
Filliug on Maryland avenne west, from Thirteenth to Fourteenth street. 
Grading Maryland avenue, from Seventh street to Long Bridge. 
Rhode Island avenue, from Fourteenth to Sixteenth street west. 
I street south, between Seventh and Ninth street west. 
H street south, between Seventh and Tenth street west. 

Work on Seventh street west, between E and G streets north, and on F street north, 
between Fifth and Ninth streets west. 

Very respectfully, your obedient servant, 

ALBERT GLEASON. 

September 4, 1873. 
Mr. Johnson will refer this to the auditor to issue the certificates, if the measurements 
are suificient to cover the award asked for. 

JAMES A. MAGRUDER, 
For Board of Fubllc Works. 

2799, 2800, 2801, and 2802. 

Board of Public Works, District of Columbia, 

Washington, September 4, 1873. 
Respectfully referred to the auditor, who will please issue the certificates if the meas- 
urements are sufficient to cover the amount asked for. 
By order of the board : 

CHAS. S. JOHNSON, 

Assistant Secreiarxj. 

0. K.— Audited for .$60,000. 

Filling canal $25,^00 

F street, Sixth to Ninth west 20, 000 

Seventh street west, E to G north 15, 000 

Received certificates Nos. 2799, 2800, 2801, and 2802, dated September 4, 1873, for 
$60,000. 

ALBERT GLEASON. 

P. H. Rhinehart sworn and examined. 

By Mr. Wilson : 

Question. Where do you reside ! — Answer. I live in this city. 

Q. How long have you lived here? — A. Since the 22d day of March, 
1861. 

Q. What has been your business since you have been here ? — A. I 
have been employed the greater part of my time since I have been here 
as a clerk in the Departments. 

Q. Have you had any other business since you have been here than 
as clerk ? — A. Yes, sir. I have been practicing law here in this city. I 
have been employed one year as clerk of the house of delegates in this 
District; 

Q. It was stated here in the testimony that you had some connection 
with a contract for paving, &c., on Third street. If you had, state 
what it was, and who was interested with you, and all you know about 
it. — A. There was a contract for paving Third street awarded to me 
and a gentleman by the name of E. F. M. Faehtz. 

Q, What was Faehtz's business '? — A. He was at that time a clerk in 
the Treasury Department. I do not know what he is doing now. The 
contract was awarded to him and me, but before we got very far ahead 
in the work I sort of was unfortunate enough to be left out. It was 
taken from me and left in the hands of my partner. We were the own- 
ers and patentees of a wooden pavement — Mr. Faehtz and I. 

Q. Were there any other persons interested with you in that contract 



TESTIMONY OF P. H. RHINEHART. 2131 

at any time ; and, if so, who were they ?— A. In the proceeds of it there 
was. 

Q. Who were they ?— A. Mr. Forney was interested with ^Ir. Faehtz 
and I in the proceeds, and we agreed to pay over to him one-half of the 
proceeds of that contract, and he was to pay the one-third of that half 
to Mr, Brown. 

Q. What :Sh\ Brown ?— A. S. P. Brown. 

Q. What was he? What was his position ?— A. He was at the time 
a member of the board of public works. 

Q. What else ?— A. He was to pay the other third of that half to a 
gentleman by the name of R. M. Hall. 

Q. Who was he I— A. He was a real-estate agent here, and is now. 

Q. What else was there involved in that contract, if anything ?— A. 
There was nothing more, except the trouble that I got into, and I was 
left out. 

Q. Was there any arrangement as to furnishing material with which 
to lay this pavement ?— A. Yes, sir. The conditions were that the lum- 
ber was to be purchased from Mr. Brown, or rather his son, Austin P. 
Brown. When I was called upon to enter into a written contract for the 
])urchase of the lumber, 1 was informed that I was to pay 83a per thou- 
sand feet for lumber that could be bought on the streets from individ- 
uals at the time for about 825. I did uot want to sign the contract. 
:\ly friends complained to me very much, and insisted on my going into 
it—being that it was the condition — and 1 signed the contract. 

Q. Which Forney was this ?— A. D. C. Forney, of the Sunday Chron- 
icle. 

Q. You say that contract you were left out of, or it was taken away 
from you. What became of the contract ultimately, and what was got- 
ten on it by the parties ?— A.. It was sold by JMr. Faehtz, who was left 
as the contractor atter I had been thrown out. True, I was interested in 
it still, as partner in the patent. It was sold to Mr. Linville. 

Q. Do you know whom Mr. Linville represented ? — A. I know now. 
I did not at that time. I only know from what has been revealed here 
before this committee. 

Q. What was it sold for ? — A. I do not know what it was sold for. 

Q. What did you understand it was sold for at that time ? — A. I un- 
derstood that there were to be 8ll,0U0 paid for it — that is my recol- 
lection now — for taking the contract off our hands— otf Mr. Faehtz's 
bands. He was to pay Mr. Faehtz 811,000. 

Q. What was done with the money that was paid ; how was it paid ?— 
A. Well, sir, there was left at my house, in the possession of my wife, a 
note of Mr. Linville's for 81,000, and 8250 in money. Mr. Forney set- 
tled out of his half with S. P. Brown, and paid Mr. R. M. Hall 8500. 

Q. How was this done ? — A. It was done by notes. The money that 
went to the other parties was in notes, and they were drawn up in dif- 
ferent amounts, so as to be able to transfer them to the parties. They 
were paid in the bank. 

Q. What bank ?— A. My recollection is that some of them were in 
Lewis Johnson & Co.'s bank and some at the Bank of the Republic. 

By the Chairman : 
• Q. Who sigiu'd those notes ?— A. Mr. Linville. 

J]y Mr. Wilson: 
Q. There has already Ijeen testimony in regard to the eharacterof that 
pavement, and objections to it. Do you know v\ hat became of the ma- 
terial that had been provided for the laying of that pavement at that 



2132 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

place ? — A. The blocks that were sawed were afterward used by Mr. 
Liuville iu i)aving Third street, at the intersection of Massachusetts 
avenue and H and L streets. They are laying there. 

Q. Was tliere objection made to the pavement that you and Mr. 
Faehtz were putting down ? — A. I was informed that there had been 
objections made by some persons, as I have been informed, along the 
line of that street. My understanding, however, was that, when Mr. Lin- 
vilU' purchased the contract, that pavement was to be laid; that he 
was to lay that pavement; the change was made afterward. I being 
out of the contract, was paying very little attention to it, excepting that 
1 felt some interest at that time in the reputation and character of the 
pavement, as I happened to be the patentee of it. I inquired of one of 
the owners of property along that street, whom I was informed had 
protested against the laying of that pavement after about three fourths 
of a scpiare had been laid. It was Mr. F. H. Smith, who afterward 
addressed me this letter. 

By the Chairman : 

Q. Who was F. H. Smith?— A. F. H. Smith was at that time the 
chief clerk of the council — the upper board of the legislature. 

Q. The legislature of the District ? — A. Yes, sir. 

The Chairman. I think, perhaps, that that letter need not be read 
at present. We can find Mr. Smith if we want him. 

By Mr. Wilson : 

Q. Did you ever make any calculation as to the cost of putting down 
that pavement which you were to lay there? — A. Yes, sir. 

Q. What would it cost to put it down ? — A. I can put that pavement 
down for $1.94 per yard, actual cost. 

Q. According to the specifications ? — A. Yes, sir. 

By Mr. Mattingly : 

Q. Have you ever had any experience in laying down wooden pave- 
ments ? — A. I have not, except what experience 1 had in that contract 
down there. 

Q. That is all the experience you have had ? — A. That is all. 

Q. Do you mean to be understood that you made a computation of 
the cost of laying i)averaents ? — A. I did. 

Q. And that, accOrdingto your computation, it could be laid for$1.94? — 
A. Yes, sir; 1 will take all the work they can give me, and if they 
give me 50 cents a square yard profit I will get to be a rich man, if 
they will give me all the work I can do; that is, with that pav^ement. 

Q. Very true ; if they give you 50 cents a square yard profit, and you 
were to do enough work, you could, undoubtedly. — A. I saj^, at 50 
cents a square yard over $1.94, I will undertake it, aud I will give 
bonds for it. 

Q. How many feet of lumber are there iu a square yard "? — A. At this 
moment T cannot tell you. I have papers at home upon which I made 
the calculation, not only once but a dozen times. I can tell you that 
there are 48 cents a square yard less wood (48 per cent.) in that pave- 
ment than there are in the Stow or the Ballard, and probably one or 
two others. 

Q. How much would your wood cost you a thousand ? — A. Well, that 
wood there cost me $35 a thousand. 

Q. How much could you buy it for at that time "? — A. I could have 
bought it on the street for $25, and you could have gone and bought it 



TESTIMONY OF P. H. RIIIXEIIAKT. Zloo 

and sold it to me, or anybody else that 1 conld have picked up on the 
street — anybody would have sold nie lumber at 825 at that time. 

Q. Can you bring any hiniber dealer or anybody familiar with the 
price of lumber, who will state to this committee that lumber could 
have been bought at that time for 825 a thousand '! — A. Well, I don't 
know that I can. 1 can bring you persons that will give you the price 
of lumber at that time, for I had spoken to a man, I think his name is 
1). W. Smith — the great lumber-merchant from Williamsport — with 
whom I had correspondence, and whom I saw here in this city. 

Q. There are i)lenty of men in this city who have bought lumber, are 
there not ? — A. I know that, sir ; I can tind you plenty of them. 

Q. You can tind plenty of them who will come here and state that 
they could purchase lumber at 825 a thousand at that time ? — A. I have 
not gone out and inquired about that, but I know that it could be done 
at that time. 

Q. Do you know of anybody here who knows anything about lumber 
who will say so? — A. 1 do not know; I suppose there are a dozen, if 1 
would go out and bring them in. 

By the Chairman: 
Q. State the time, sir. — A. This was in the fall of 1871. This is one 
of the earlier contracts that was awarded by the board. 

By Mr. Mattingly : 

Q. Did the 835 include the cutting of the blocks, and delivering them 
on the street ? — A. Yes, sir. 

Q. Could you have got that done for 825? — A. ISTo, sir; I could not; 
but I know exactly the cost it would have been to me in cutting the 
blocks. 

Q. Do you know what the labor would cost you for laying, say a 
thousand yards of pavement ? — A. You can get lots of labor. 

Q. But you come here and state that you have made a calculation 
and estimate of this pavement that it will cost you 81.94 to lay; now I 
want to see whether you are competent to make any such calculation 
or not. — A. Well, Mr. Mattingly, if you will wait until to-morrow I will 
bring you the papers, and show you all the items. It has been since 
1871 since I have figured on that, and [ will bring you an itemized ac- 
connt, and then you can go over that an<l cross-examine me. 

Q. Had you laid any pavement at the time you figured on it ? — A. I 
was tiguring at the time — both before and at the tinu'. 

Q. You say you made these figures in 1871 i — A. Yes, sir. 

Q. Had you laid a square yard of wood pavement at that time in 
1871, when you made these figures? — A. Yes, sir; I laid three-fourths 
of a square ; 1 di<l not finish it. 

Q. Where ? — A. On Third from D up to three-fourths of the way of 
that square toward E. 

Q. You did not finish it ? — A. I did not. 

Q. Then you did not know at that time what it would cost you ? — A. 
The fact is, I was not at it but a short time until 1 was thrown out. 

Q. You got out of this contract, did you not ; did you not assign your 
interest to Mr. Forney ? — A. No, sir; 1 will give you an answer to that. 

Q. No, I do not care about that. — A. I was in<lu('ed to make an 
assignment to .Air. Foiiiey as trustee in the whole of that interest in the 
liavement for the benefit of my wife. 

Q. You made an assignment to Mr. Forney as trustee for the benefit 
of your wife ? — A. Yes, sir. 



2134 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Then you did assigu to Mr. Foruey iu that way?— A. That is, my 
part of it. 

Q. You have stated that Mr. S. P. Brown was to receive some por- 
tiou of the profits or the proceeds of this work !— A. Yes, sir. 

Q. How do you kuow that — A. That was the statement and the con- 
dition upon which I went into this with Mr. Forney, giving hi'm one- 
half of the profits, because he had to pay one-thiid of that half to Mr. 
Brown. 

Q. When was Mr. Forney's statement made to you ? Did he say Mr. 
S. P. Brown or A. P. Brown ?— A. S. P. Brown. 

Q. Did S. P. Brown ever tell you that he had any interest iu this 
thing?— A. I never spoke to S. P. Brown in my life to my recollection, 
excepting once, I believe, when he stopped me at the post-office, and in- 
formed me that I would receive a letter from the post-office, and that I 
should keep cool, and not get excited ; that Mr. Mullett had written a 
letter. It was a private letter, he said, although it went there iu the 
name of the board. 

Q. It was not very complimentary to you.— A. Do you want to see 
it ? I have it here. 

Q. No ; I do not care anything about it, if you got excited over it. 

The Chairman. I will look at it, if you please, while you are cross- 
examining the witness, Mr. Mattingly. 

By Mr. Mattingly : 

Q. Why did you not state a little while ago that Mr. Forney had 
stated to you that Mr. Brown was to receive a portion of this contract"? 
— A. I did not suppose that it was necessary for me to state it then. 
You asked me the direct question and I answered it. 

Q. You are a lawyer, are you not ? — A. Yes, sir. 

Q. Did you not know as a lawyer that it was not evidence ?— A. 
Well, 1 state here that I am like yourself; I know a great many things 
that i)robably under the rules would not be received as testimony. I 
was asked for it. 

Q. Do you not think it would have been doing more justice to Mr. 
Brown in stating that it was hearsay evidence ? 

Mr. Mattingly. There is not any doubt about this thing. The more 

you ask me 1 do not want to say all I know. I am not here 

because I am seeking it. I am not seeking to be here. 

By the Chairman : 

Q. You say you are not stating all you know ?— A. Well, I don't want 
to state all, because there are so many circumstances, just as Mr. Mat- 
tingly now is cross-examining me, that would — they would bar it out, and 
you would not hear it— two or three things that I am satisfied are so. 
Now, for instance, I know and I am satisfied Mr. Forney told me that 
that was the condition upon which I was to get the contract; that he 
had to pay Mr. Brown ; he told me that he had paid him. 

The Chairman. We would like to know as much of what you know 
as we can, sir. 

By Mr. Mattingly : 

Q. Did you say that you understood you were to get $11,000 from 
Linville ? — A. That is my recollection at that time. 

Q. You read Mr. Faehtz's testimony on this subject, did you not ?— x^. 
I did, but I do not recollect what figures he mentions there ; that is, at 
the present time I do not recollect the figures. 

Q. You did not get $11,000, did you '?— A. That I do not know. I 



TESTIMONY OF P. H. RHINEHART. 2135 

only know what I got; I recollect now, this, that from Mr. Faehtz's tes- 
timony I think there was more money than I got my fair proportion of. 

Q. You were to have a i)roportion of whatever was paid, were you, 
not? — A. I was to have one-fourth, Mr. Faehtz and myself were to 
have half. 

Q. Did you uot feel sufficiently interested to ascertain how much, in 
point of fact, was ])aid 1 — A. Well, I felt somewhat swindled. There are 
bills running. They came to my house in my absence and said that 
there were some incidental expeuvses connected with tliat contract which 
they had paid oft' before they divided the money, and left in my hands 
some bills which I am dunned for every day now. 

Q. And you let the thing go ? — A. Well, I would like to know what 
I could have done. 

By Mr. Mattingly: 

Q. That pavement in point of fact was not laid on Third street, was 
it f — A. No, sir ; excepting what is laid there now — those blocks that 
were sawed ; they were taken up in the square below, and are laid at 
the intersection. They are lying at the intersection of Massachusetts 
avenue and Third street. 

Mr. Mattingly. I would like to have this letter go in evidence. It 
substantiates some entries on the journal of the board. 

[The witness read it, as follows :] 

Board of Public Works, District of Columbia, 

Jf'ashington, October 6, 1871. 
Sir: The board have obtained reliable iufoniiatiou that .you have offered monej' to 
obtain an < xtension of yonr contract for paving, or for an additional contract, and are 
further informed that you have stated that it cost you a large sum of money to obtain 
your present contract, which statements, if true, are sufficient reasons to warrant the 
board in canceling yonr contract, which they will do, unless you can give a satisfactory 
explanation of these statements, and particularly those regarding the expenditure of 
money to obtain yonr present contract. Meantime the board have to notify you to 
take no action iu regard to your contract, and to submit such explanations as you have 
to offer. 

Verv respectfully, &c., 

CHAS. S. JOHNSON, 

Assistant Secretary. 
Mr. P. D. RiiiNEiiARDT, of Messrs. Rhinehardt & Fakhtz, 

Contractors, Washington, D. C. 

By the Chairman : 

Q. Did you uudce any explanation ! — A. I did. I have a copy of the 
letter, copied from one which is now on file before the board, which I 
sent them. 

Q. Kead that letter, if you please. — A. 1 will state, before I read this, 
that, on consultation with my friends, I sat down and wrote a letter which 
they insisted I must not send. I regarded it as an honorable, manly 
letter. I spoke of the charges preferred, as T th<l^iglit at the time they 
deserved, inasmuch as thei'e was not a scintilla of a foun<lation for such 
charges at tlie time; but they overruled me, and thought that it would 
endanger me before the board, and would b<' the means of taking away 
the contract from me. I then said tliat I would not write a letter at all. 
I do not r<'member at this moment whether this letter was written by 
Mr. Forney or Mr. Faehtz. Tliey iiersuaded me to sign it, and this is the 
letter which went iu as my explanation : 

Washington, October d, 1871. 
To the Board or Puiu.ic Works 

Of the District of Columbia : 
Gkntlkmkx : Yonr communication of the Gth instant is before me, and in answer I 
have to say Miat I have uot " offered money to obtain an extension of our contract,' 



2136 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

&c., nor liave I stated " that it cost us large sums of money to obtain our present 
contract." 

These charges, I am informed by Colonel Magruder, are based on a conversation 
^hich I had with Dr. Schmidt, of the Treasury Department, and as I have con- 
versed upon this subject with no person other than those with whom I am associated 
in this contract, I will state that in said conversation I said that if Dr. Schmidt 
was able to overcome Mr. MuUett's objection to giving us at present an additional 
contract, we could afford, and would be willing, to pay him a consideration if he should 
succeed in removing Mr. Mullett's objection. Dr. Schmidt answered he would be 
willing to see Mr. MuUett and use his induence with him to the desired effect, as he 
was convinced of the hona-fide merits of our patent. 

In an ensuing conversation with the doctor, I mentioned that he need have no hesita- 
tion to accept our proposition, as nothing dishonorable to either hifu or Mr. MiiUett 
was implied in it ; that to secure another contract was of vital importance to us, on ac- 
count of expenses incident to a first contract which need not be incurred in a second. 

By this I meant nothing dishonorable or disrespectful to any member of your board, 
and if any other meaning was or is imputed to my words, I simply declare that I was 
misunderstood or am misrepresented. 

This is all I have to offer in explanation of my conversation with the doctor upon 
which the charges are based, and am willing to have my explanation corroborated or 
contradicted by Dr. Schmidt. 
Very respectfully, 

P. H. REINHARD. 

The above is substantially correct, and I am quite willing to give any additional in- 
formation that may be desired on this subject. 

CHAS. F. SCHMIDT. 

By the Chairman : 

Q. The indorsement being an explanation, was sent with the letter ! — 
A. Yes, sir. I told my friends that while that letter was all true and 
right, it was not the character of a letter I wanted to send. I had a 
plain letter — talking plainly, and telling Mr. Mullett in plaiu round 
terms that I feared lie himself was not clear in his skirts, or else he 
would not thiukof making such charges upon a mere little conversation 
I had with Dr. Schmidt, askiug him to intercede with him to give us an 
additional contract. My reasons were these: that letter does not state 
the facts. 

The ChairjVIAN. I do not think you had better go into all these expla- 
nations. We want the facts, and I think we ought to have them, how- 
ever, if you have any. 

The Witness. On the street on which this pavement was to be laid 
there were very heavy excavations being made at the time — large sewers 
on both sides of the street. I objected to lajingthose blocks on newly- 
made ground. I would rather have waited until spring, and until that 
ground settled, because, if it gave way, persons would give a bad name to 
the pavement, and not stop to think that it was the foundation, and I 
wanted to turn this material that we had contracted for on to another 
street, and then do that in the spring ; that was the object for askiug 
for the additional contract. 

By Mr. WiLSON : 

Q. Who did the grading on that street ? — A. I think it was Mr. Glea- 
son ; I am not sure. Mr. Murphy was, I think, doing it at first, but he 
stopped. 

Q. Did you do any grading? — A. It was included, certainly. We 
never had any contract written. We never had signed any contract 
with the board as long as 1 had anything to do with that contract. 

By the Chairman : 
Q. I understand you that this contract was afterward given in the 
name of Mr. Faehtz alone ? — A. Yes, sir ; that is the last I hear of it — 
that letter and my answer. I was no more connected with it. 



TESTIMONY OF T. H. RHINEHAET. 2137 

Q. Do yon know why it was that yonr name was left ont of that con- 
tract ? — A. Xo; excejiting on acconnt of tliis controversy that arose 
betAveen Mr. ^InlU'tt and I. 

Q. Had yon or had yon not mentioned the fact that this contract cost 
yon money ? — A. I Inid not. I never mentioned that to any person. I 
told Dr. Schmidt simply this fact 

Q. No, lu). Had yon mentioned to any one that Mr. Forney and Mr. 
S. P. TJrown an<l other people were interested with yon in that con- 
tract ?— A. r do not thiidc I did at that time. I am pretty positive I did 
not. I have spoken of tliat matter since. 

Q. ^Yho made the appli(;ation for this contract! — A. I did. 

Q. To whom; was it in writinj?? — A. Yes, sir ; I think I iiad it; 
bnt this is an application that I made for an additional contract. I wrote 
an application and si<>ned it together with Mr. Faehtz, recommended 
at the bottom by Mr. Forney, and tiled it before the board some time 
the last of Aug'nst or the first of September, 1871. I left the city and 
went away. I was away abont a month, and in my absence this con- 
tract was awarded. 

Q. Were yon in the Treasnry Department at this time? — A. No, sir ; 
I was clerk to the honse of deleiiates. 

Q. Did yon speak to any member of the board in reference to this 
contract personally ? — A. 1 really do not think I ever spoke to any of 
them. I do not recollect that I did. 

Q. Yon did not go personally and say to any gentleman of the board, 
"I have a written application for a contract, and I would be glad to 
have yon give it to me?" — A. If I did I certainly have no recollection 
of it now. 

Q. Did yon know whether or not Mr. Faehtz did make such personal 
application ? — A. He may have done so. 

Q. l^on do not know whether he did or not? — A. 1 left a day or two 
after I had prepared an application, and what they did in my absence I 
did not know until I received a dispatch to come home. 

Q. Do you know whether Mr. Forney made any such representation 
to the board — to any member of the board personally ? — A. IMr. Forney 
old me that he and Mr. Hall had been to see Mr. Shepherd abont it. 

Q. That is Governor Slu'i)herd now, who was then vice-president of 
the board '! — A. Yes, sir. 

Q. I wish you would explain why it was that Mr. S. P. Brown was to 
be interested in this contract. — A. Well, why it was I cannot tell fur- 
ther than Mr. Forney — that was a nmtter between Mr. Forney and him 
to divide the one-half. 

Q. Y'es, but you knew it at the time ? — A, I did. 

Q. Tlie^ toki you so ? — A. Mr. Forney told me so at the time. He 
told me when I objected to giving so much — giving one-half of the pro- 
ceeds. He said he must have that to pay Mr. Brown — that he relied on 
Mr. Brown to i)ut this thing through. 

(}. What was ^Ir. Brown to do which would entitle him to an inter- 
est in this contract? — A. Well, while it might not have been mentioned 
in plain English words, the undeistanding was that of course he was to 
see that this contract was to be awarded. .\t least, that Mr. Forney 
relied on him. 

(). Well, did you not rely upon him .' — A. 1 did, on the representations 
of Mr. Forney. 

Q. Then you were to pay Mr. Brown one-third of on(vhalf in order 
that he, Mr. Brown, might put this contract through the board of pub- 



2138 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

lie works for you; that was the understandiug? — A. Well, at least, 
take whatever part he might take in getting it awarded. 

Q. That was your understanding? — A. That was my understanding. 

Q. That was the object of operating with Mr. Brown ? — A. There is 
no doubt about that. I could not understand anything else. 

Q. What position did you then hold ? — A. 1 held the position of chief 
clerk of the house of delegates. 

Q, What is that? — A. The lower branch of the legislative assembly 
of the District of Columbia. 

Q. At that time?— A. Yes, sir. 

Q. Now, you are perfectly certain that you mentioned to no one at 
that time, or within a reasonable time afterward, that Mr. S. P. Brown 
had an interest in that contract ? — A. I stated that I was connected with 
the contract and r-ecoguized but for a very short time ; and as soon 
as that trouble came on, and I got into a quarrel, and I was out of the 
contract, I think I might have stated that fact to somebody ; but who 
they were I could not remember the name. I was driven to a little des- 
peration at the time. I do not know what I might not have done if I 
had met Mr. MuUett at the time. 

Q. You stated to some folks about the facts ? — A. Well, some men 
around town. I have evidently stated those things, but not until after- 
ward. 

Q. They were your personal friends that you stated them to, prob- 
ably? — A. No; in our discussions of the merits of the board, here in 
town, in talking about my grievances on that contract. 

Q. Do you mean to say that you made public statements of it? — A. 
Well, it certainly was not concealed when I was talking about it iu that 
way. 

Q. When was that? — A. Well, that must have been — it was after I^ 
was out of the contract, and the pavement thrown off of the street and' 
another one substituted, after Mr. Linville got the contract. 

Q. It was after you had your note and money iu your pocket-book, 
was it not? — A. I do not know but what I may have stated that fact to 
some folks before that. I do not know that I did so then so openly and 
publicly as I did afterward. 

Q. You were quiet about it until you got your share of the proceeds 
of the sale; were you or were you not? — A. At least I did not make 
public exhibition of that fact ; but after that I did speak more openly. 

By Mr. CHRISTY : 

Q. Do I understand you to say that a portion of that pavement laid 
by Mr. Faehtz still remains? — A. There is an intersection of Massachu- 
setts avenue and Third street. 

Q. A small portion of it ? — A. Yes, sir ; and then again at the inter- 
section of L and Third streets, I think. 

Q. How does it endure with reference to the pavement subsequently 
laid by Mr. Linville ; how does it compare for durability ? — A. I have no 
interest in that pavement or in any other — not a cent. Of course that 
patent is of my own creation ; I conceived it, and I do think that it is 
as good a pavement as is laid in this town. I have not been there to 
see it or notice it for close on to a year, I think. I have been met within 
the last six months by a number of persons who have called my 
attention to it, and I said I did not want to hear anything more about 
it, because I had had enough of wood pavements; but they tell me that 
it is as good a pavement as any one in the city. 

Q. The price he was to receive was $3 a square yard? — A. Yes, sir. 



TESTIMONY OF GEORGE FOLLANSBEE, 2139 

Q. The price Liiiville in fact received was $3.50 per square yard? — A. 
So it appears, but I did not know that at the time. 

By Mr. Mattingly : 

Q. Mr. Linville treated the wood, did he not? — A. He laid different 
kinds of ))avenient. 1 do not know what kind of wood. 

Q. Your wood was not treated, was it? — A. No, sir; I think that is 
the reason that it endures as well as it does. 

By Mr. Bass : 

Q. How long did Mr. Brown continue in this board of public works 
after these disclosures were made public by you ? — A. Now, those dis- 
closures were not terribly public, either ; 1 merely spoke of it. 

Q. Do you know he went out and another man took his place? — A. 
I recollect, although I cannot now bring my mind to the time ; but it 
was some time; it was not immediately afterward. 

Q. At the next session of Congress; was it the next winter? — A. 
Yes, sir, probably it was; I do not remember the time. 

Q. Mr. Brown was removed, or his place was supplied by .Mr. Wil- 
lard ? — A. Yes, sir; I understood that Mr. Brown had resigned and 
Mr. Wdlard was appointed. 

George Follansbee sworn and examined. 

By the Chairman : 

Q. Have you had any contracts under the District government or 
the board of public works ? — A. I have. 

Q. What contracts have you had? — A. I had First street contract; I 
had Second street contract; I had E street, F street, Missouri avenue 
sewer, and a portion of Slash Run sewer, and a portion of the Eighth- 
street sewer. 

Q. Had you paving contracts on these various streets f — A. I did. 

Q. Had you a partner ? — A. Y"es, sir. 

Q. \Yho was it? — A. He was not known to the board; all the con- 
tracts were in my name. His name was Horace G. Jacobs. 

Q. Was he the only partner you had ? — A. Mr. Ingersoll, of New 
York, was connected with me in that wood-pavement contract. I laid 
his patent wood pavement. 

Q. Anybody else ? — A. I took the Eighth-street sewer ; it was awarded 
to a man by the name of Reynolds. He had not the means to carry it on, 
and I went in with him on it, and afterward took the whole of it off 
his hands. Mr. Jacobs has been connecited with all the work I have 
done under the board, except the one I have named on G street on the 
Island. Mr. E. C. Gedney is connected with that contract. Mr. Jacobs 
had nothing to do with it. 

Q. Was anybody else interested with you in these contracts in any 
way i — A. No, sii'. 

Q. No other i)erson had any interest in the profits or avails or pro- 
ceeds ? — A. Not through me; there may be through some of these other 
parties. 

By Mr. Wilson : 

Q. Who is Mr. Jacobs ? — A. He is a clerk in Mr. Mullett's ofHce in the 
Treasury. 

Q. How long has he been a clerk there? — A. He was there previous 
to going in with me. 



2140 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What interest did he have in your coutracts ? — A. He was a full 
partner. 

Q. Dill he assist in furnishing tlie money ? — A. The firm raised all 
the money ; George Follansbee «& Co. raised all the money that was 
used. 

Q. The contracts were all in your name 1 — A. All in my name exclu- 
sively. 

Q. Did you make an application for the contracts ? — A. We bid on 
work. All the work was bid on. I was personally acquainted with the 
governor, and 1 think I got them through his kindness. 

Q. You got the contracts through the governor. How did it happen 
that Mr. Jacobs was not known in your contract? — A. Well, they were 
awarded to me personally, and that was a private arrangement between 
he and I ; it was known publicly on the street. 

Q. What was your occupation before you commenced taking these 
contracts ? — A. I am a carpenter by trade, and carried on the carpenter 
business here for a number of years previous to this. I was, under Mr. 
Emery, commissioner of improvements for the Fourth ward. 

Q. Who is Mr. James Reynolds? — A. He was a watchman in the 
Treasury. ] was in the Treasury myself as a watchman at one time, 
and he came to me and appealed to me to furnish him money to go on 
with this contract. I told him I did not wish it. 

Q. What contract was it that James Reynolds had ? — A. The Eighth- 
street sewer. It was a part of this Boundary street or Tiber Creek 
branch, I believe it is. 

Q. What was the extent of that contract ? — A. I think it came in the 
neighborhood of $40,000. 

Q. You say he is a watchman in the Treasury ? — A. Yes, sir. 

Q. How long had he been a watchman there? — A. Well, I really do 
not know, sir. I went as watchman the night of the riots in Baltimore, 
at the breaking out of the rebellion. 1 went on duty the 20th of April 
of that year ; he came in there afterward. 

Q. Has he been a watchman there ever since ? — A. I believe so, sir. 

Q. How long was it that he had this contract before you took it off 
his hands ? — A. Do you mean entire ? 

Q. Yes. — A. I could not tell you, sir. 

Q. How did you first go in partnership with him ? — A. I went in 
partnership with him to furnish him means to pay his men, and he did 
not conduct the work to satisfy me ; the understanding was that it was 
not to consume my time. 

Q. Did you have an arrangement with him before he got the con- 
tract awarded to him "I — A. He said that he had the promise of the con- 
tract, and, if he got it, would I furnish the means. I told him that I 
would. 

Q. Did he do any considerable amount of the work on that contract ? 
— A. Well, he was in with me, I think, a considerable time. 

Q. What did you i)ay Mr. Reynolds for his interest in the contract, 
and in what way did you pay it? — A. I think I gave him a thousand 
dollars of auditor's certificates. 

Q. Is that all that he got out of it ? — A. I think it was. 

Q. Did you construct this sewer? — A. I did, every foot that my con- 
tract called for. 

Q. Do you know whether Mr. Jacobs had a partner with him, a silent 
partner ? — A. He is here in the city ; he can answer that. 

Q. What do you know about that ? — A. That I cannot say, sir. 



TESTIMONY OF GEORGE FOLLANSBEE. 2141 

Q. Have you any information ou lliat subject? — A. He says not to 
me. 

Q. You do not know anythin*:;- about that yourself? — A. No, sir. 

Q. And tliese are all the partners tliat you have had ? — A. That is 
all that I remember of. 

Q. Do you know whether Mr. McKnight had any interest in this con- 
traet in any way ? — A. Not through me. 

Q. Did he have through anybody else ? — A. He may have through 
Mr. Jaeobs. I eannot answer for him. 

Q. You do not know whether he had through Mr. Jacobs or not ? — 
A. He had none, according to Mr. Jacobs's statement to me. Mr. Jacobs 
is here ; you can reach him, if you wish it. 

Q. Is Mr. Reynolds a man of property or means, that you know of? — 
A. I <h) not think he is. He nuiy own one or two small liouses. 

Q. Have you ever kuown him as a contractor prior to his getting this 
contract .' — A. He had a contract for a small street — grading, I tliink, 
between O and P — somewhere out there, and New Jersey avenue and 
Fourth street. I think. 

Q. Did he do the work on it or did he get somebody else to do it ? — 
A. As near as I can say, he did it himself 

J^>y ^Ir. Hamilton : 
i}. Did 1 understand you to say that it was known to the board of 
public works that Mr. Jacobs had an interest in the contract ? — A. I do 
not know that it was kuown to them, sir ; but 1 never concealed it ou 
the street in talking to any one. « 

By Governor Shepherd : 

Q. Do 1 understand you to say that it was known to any member of 
the board of public works tliat Mr. Jacobs had any interest with you 
in this matter ? — A. No, sir. 

Q. Did you not always represent to me that it was your own work ? — 
A. Yes, sir. 

Q. That the contracts were awarded to you personally ? — A. Yes, sir. 

Q. On the basis of your being a good mechanic and business-man ? — 
A. 1 always so considered it. 

Q. Now, in regard to Mr. Reynolds, if my memory serves me right, 
he is a one-legged soldier ? — A. Yes, sir. 

Q. A good, hard-working fellow, who has, by dint of industry, got 
together a little money ? — A. 1 think so. 

(^. Did he not perform one contract for the board, grading a street ? — 
A. That is my testimony just now. 

Q. And he commenced this sewer in good faith, did he not ? — A. Yes, 
sir. 

Q. And worked on it for a long while ? — A. Yes, sir. 

Q. And was washed out on one or two occasions? — A. I was in with 
him then; yes, sir, we had rather a rough time there; the bottom of it is 
very bad excavating. 

Q. It is (juicksand, is it not ? — A. Yes, sir; and fuller's-earth. 

Q. He was not able to go on, and you bought him out an<l completed 
it ? — A. Yes, sir. 

By Mr. Christy : 
Q. Have you dealt in c<'rtificates to any considerable extent '? — A. 
During the winter, when 1 had nothing else to do, I had soiiu- Itondson 
hand, and 1 was in the brokerage business in eomi>any with Williain IT. 



2142 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Slater, formerly collector of the District, I have been out of it now two 
months the 10th of this month. I have dealt in them considerably. 

Q. What use did you make of the certificates when purchased'? — A. 
Some that I thought proper, I kept ; others, I sold. 

Q. Did you in any instance make arrangements with parties to pay 
their taxes through certificates, and did you so do "? — A. Yes, sir ; Mr. 
Stutz had a large amount. I had some certificates indorsed, payable 
in sewer-bonds : the bonds run out before I could get my certificates 
on them, and 1 used them there as collateral. We deposited the certifi- 
cates and they hold them, but do not receipt the bills, and when they 
get those sewer-bonds to redeem those certificates they will receipt the 
bills and keep the bonds. I have never had a receipted bill for any of 
the certificates — for nothing but bonds. Mr. Stutz made the arrange- 
ment with Colonel Magruder himself and Mr. Beall. 

Q. That is, citizens applying to you to have their taxes paid under 
the arrangement that you made ? — A. That was the arrangement that 
Mr. Stutz and Colonel Magruder made not to have them paid. As I 
told you, they were to be held and no scrip issued against it. 

Q. There was no effort made to collect the taxes from so many of the 
persons as this arrangement was made for, as I understand you? — A. 
No, sir. 

Q. They received absolutely a receipt for their taxes? — A. No, sir; 
they never have got it yet. The bills are there yet in Mr. Beall's cus- 
tody. 

Q. To what extent did they receive a discount upon the tax-bills 
Wilder this arrangement? — A. Which, with Mr. Stutzl 

Q. Through the arrangement that you have made? — A. My discount 
with him °? 

Q. Yes, sir. — A. I think it was 65 cents he allowed me for the certi- 
ficates. 

Q, Then, what had the certificates cost you, and what was your profit ? 
— A. I got them dollar for dollar for work done and performed. 

Q. Did you use any certificates excepting those that had been issued 
to you yourself? — A. No, sir. Hold on! I may be mistaken. I think 
200 of these certificates were not my own. I think thej' were paid to 
me by a party who owed me ; I would not be positive about that. 

Q. Then it cost the citizen who made this arrangement with you 05 
cents upon the dollar of his indebtedness as taxes to the government ? 
—A. It did. 

Q. In other words, you paid 35 per cent, of his taxes ? — A. Yes, sir, 

John Carusi sworn and examined. 

By Mr. Wilson : 

Question. Where do you reside? — Answer. In this city. 

Q. How long have you resided here? — A. I was born in this city. 

Q. Are you a contractor? — A. I have done contracting. 

Q. Did you have a contract under the board of public works ? — A. 
Not directly, sir; I did not get it from them. 

Q. From whom did you get it ? What contract, in the first place, 
was it that you had ? — A. I had a contract for laying sod and cross- 
walks on Massachusetts avenue. 

Q. The whole length, of the avenue ? — A. From New Jersey avenue to 
Seventh street. 

Q. You say you did not get the contract from the board ? — A. No, 
sir. 



TESTIMONY OF ARTHUR SHEPHERD. 214B 

Q. From whom did you get it ? — A. I got the contract that was let to 
tlie Thirteenth District Association. I subbed it from the ])resident. He 
subbed it to me. 

Q. Who was the president of that association ? — A. George II. Bos- 
ton. 

By :\Ir. Mattingly : 
Q. What association is that ?— A. The Thirteenth District Working- 
men's Association. 

By Mr Wilson: 

Q. What did you pay for that contract ? — A. I allowed him ten cents 
a yard on the sod, and 5 [)er cent, on the net profits on the brick-work. 

"Q. Was the contract made directly to you or was it assigned to you 
by that association l — A. It was made between myself and the presi- 
dent of the association. 

Q. Did you enter into a written contract with the board ? — A. No, 
sir. 

Q. Did he have a written contract with the board ! — A. 1 suppose he 
did, sir; I never saw it. 

Q. Did you have any other contract? — A. I had a small one on C 
street, froni First street to Xew Jersey avenue. 

Q. Did you get that contract from the board? — A. Yes, sir. 

Q. What kind of an association is this t — A. Indeed, 1 have not the 
slightest idea. 

By Governor Shepherd : 

Q. What is it called ? — A. I have said that it was called the Working- 
men's Association. 

Q. Did they not do a part of it themselves ? — A. I believe they did, 
sir. 

Q. And you did the other for them ? — A. Yes, sir. 

The Chairman, (to Governor Shei)her(l.) Was this contract, do you 
remember, let to the association ? 

Governor Shepherd. I thiidc it was let to the association. They 
wanted it by day's work, and we told them we would not do that, but 
would give them a contract. They were colored laborers — very good 
men. They took the contract and did the work. I did not know that 
they had sublet it. 

Arthur Shepherd recalled. 

By the Chairman : 

Question. We had some evidence here yesterday that you had some 
interest in a contract with Mr. Seitz: will you explain to tlu' committee 
what you know about that ? — A. If the committee will hear me, I will state 
the circmiistances regarding it. Mr. Seitz had been for a long time a great 
friend of mine, botli p(»litically ami socially, and in my first campaigu 
at my advent into i)()litics in the District here, lu', and ."Mr. Kelly had 
assisted me very materially. Mr. Kelly was the (diairman of my execu- 
tive committee, and had charge of all the anangemcnts of the cam- 
paign, and it was in a very closely-conteste*! district. After we had 
got through, I told the gentlemen that 1 had no way to repay them, 
except, if it ever lay in my power, I would do them a favor if I could, 
these two men particularly. Mr. Seitz afterward canie to me ami told 
me that he thought he coidd get a contract from the board of pid)lic 
works for i)aving. I asked him under what circumstances. He said he 



2144 AP^FAIRS IN THE DISTRICT OF COLUMBIA. 

would go into partuersliip with some parties ; that he had money ; that 
his father had money, and he thought he could carry on the contract. I 
told him to go ahead and do it if he could. The next phase of the mat- 
ter that I heard of was, that he had put in his application to the board, 
and that tlie vice-president of the board, my brother, had told him if he 
could get responsible parties to go with him he would assist him, and 
probably give him a contract. I asked him what he was going to do. 
He told me that he had been in correspondence or consultation 
with a number of diflerent parties, and asked my advice on the 
subject. I gave it to him as best I could, and he then nsked me if I 
was acquainted with Mr. John O. Evans. 1 told him I was. He asked 
me if 1 would go with him and see if he would not allow him to go in 
with him, or allow him to come in as a partner with him on some street. 
I told him I would. I introduced him to Mr. Evans, and told him I 
understood Mr. Seitz expected to get a contract, and asked him under 
what circumstances he would go in with him. Mr. Evans said he had 
just as much work as he could do, and that he could not make any ar- 
rangement with him. Seitz then went ofi". The next time I heard from 
him was that he had made some arrangement with Mr. Taylor, of Phila- 
delphia. That is all I knew of it until he told me that he had got a con- 
tract, and had made his arrangements. I had no connection with it at 
all myself, except as a friend of his and Mr. Kelly's. I was willing to 
serve them in any way. 

Q. You received no part of the profits, then? — A. I did not, sir; most 
assuredly. 

Q. In no sense ? — A. In no sense. 

Q. Neither directly nor indirectly "? — A. Neither directly nor indirectly, 
to my knowiedge. Gentlemen, my name has been mentioned in con- 
nection with this matter of Massachusetts avenue. I would like to ex- 
l^lain that to the committee while I am here, and also a matter in regard 
to this Thirteenth District Laboring Men's Association, which has just 
been spoken of. My connection with Mr. Connolly was of this character : 
I had known him for a very long time, as I have a great many of these 
men connected with the public works, having been a local newspaper- 
man here for twelve years. Mr. Connolly came to me and told me that 
there was an injustice to be done him upon the measurements of Massa- 
chusetts avenue. He told me that two or three of the engineers of the 
board had measured it, and finally that Mr. Forsyth had received a 
letter from the engineer's department signed, I believe, by Mr. Cluss, in 
which it was stated that the engineer of the board of public works had no 
data upon which the measurement of Massachusetts avenue could be based, 
and asked Mr. Forsyth, with his knowledge of the facts in regard to the 
matter and all grades here in former days, if he would measure it. Mr. 
Forsyth went and measured it, and his measurement was about whatlVIr. 
Connolly, the contractor, had thought was proper and right. This is 
the information that I received from Mr. Connolly. He then said that 
Mr. Cluss had refused to allow him the amount that had been measured 
by Mr. Forsyth, and that the board of public works had, as it were, 
indorsed Mr. Cluss, but had agreed to let it to arbitration ; that Mr. 
Thompson, a gentlemau connected with the Treasury Department, a 
sworn measurer in Mullett's office, had been selected as the arbitrator 
for the board of public works, and he asked me if I would act as an ar- 
bitrator for him. He came to my office; I told him I would rather not 
do it. He said that he thought I would be the best one. Knowing him as 
well as I did, and knowing something of the circumstances of the case, I 
finally consented to serve. I went up and met Mr. Thompson. We exam- 



TESTIMONY OF ARTHUR SHEPHERD. 2145 

ined some witnesses, and then went out to the work and looked over it. 
Mr. Thompson, after examining the work, left me, having' agreed witli me 
tlnit tl»eme;isnrement of Mr. Forsyth was about correct, and asked me that 
he be allowed to write the report of the arbitration to the board of pub- 
lic works, saying that there were some points that he wanted to name 
in it. While he agreed as to the measurement, still, there were some 
l)oints that he <lesire(l to make in it, and he would rather write it. I 
told him I would sign his report. 

Two days after that I saw Mr. Thompson, and he told me that he had 
sent in a letter to the board of public works, declining to serve, saying 
that he was afraid that his position in the Treasury Department would 
be com])romised, as he would have to render a verdict against the 
engineer of the board of public works, and he was afraid that it might 
affect him with Mr. Mullett. Itold him that was all right. Next morn- 
ing my brother, who had just come in as governer, sent for me, and 
said he understood I had acted as arbitrator for Connolly. 1 told him 
I had, as a friend. lie asked me then, as a personal favor to himself, 
if 1 would stop all proceedings in regard to the arbitration; that he did 
not care for me to be mixed up in it. I tohl him I would, aiul would 
state the reason of drawing out to Connolly, which I did. Three 
or four days after that Connolly came to me and said that this 
matter had been referred by the board of public works to a com- 
mission, a[)i)<)inted by them, to assess damages for property dam- 
aged by improveiiuents, consisting of three practical men, two of 
them architects and builders and the third one a lawyer, fie said 
that Mv. Class jn-oposed to go before that commission, and he was 
afraid that his interests would be injured; and asked me if I would go 
there. 1 told him I would go and look on. I did go there. The ani- 
mus of Mr. Cluss was so |)laiuly shown toward Mr. Forsyth and Mr. 
Connolly that I did put in a word or two, and elicited such answers 
from them as I think convinced the commission of the manner in which 
they had attempted to work matters. All the evidence taken before 
that commission is in writing, and can be obtained; I believe you have 
it here. That is my connection with it. I acted altogether as a friend 
of ^Ir. Connolly, whom I have known all my life. 

In regard to this Thirteenth District Laboring Men's Associa- 
tion, I would state that I have represented that district in the legis- 
lature for three years. We have as line a body of working-men — intel- 
ligent colored laboring-men — as there is in this District of Columbia. 
They had formed an association of some two years' growth, and linally 
came to the conclusion that they would like to have a contract 
themselves, if they could obtain one. They asked that I, as the 
representative of the district, should attend one or two of their 
meetings. I did so, and found that they were thoroughly organ- 
ized ; tluit they were all intelligent men. They made the proi)osal 
to me that I would draw up a letter and ])resent their claims to the 
board. I did so. The vice-president of the boar<l, my brother, I had a 
conversation with, and he told me that it would not do, that there 
would be no responsible head, and it would hardly do to make a direct 
contract with them; but he consented to allow the contractor tV)r paving 
]Massa(;husetts avenue to sublet to them the grading, the l)rick pave- 
ment, and the sewerage. The arriingenu'Uts were made, and ^Iv. liob- 
inson, a merchant on Pennsylvania aveiuie, Mr. Kelly, ami myself 
were ai)])ointeil truste<'S of the institution. The work was obtain<>d 
from Dr. Filbert upon a writt<'n contract between him and the, assocaa- 
tion, George H. Boston, president, standing as the head of the associa- 
13o D c T 



2146 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tion, and they did the worli. They made some money on it. They re- 
ceived from Dr. Filbert the amount of their wages as they went ahmg; 
and at the expiration of the contract, when the work was measured and 
finished up and {payments made, they divided among the association. I 
think it consisted of about forty-eight nu^n. They divided some $480, 
the overplus of the little contract they had. 

By the Chairman : 
Q. Do you mean $480 apiece or in all ? — A. No, sir ; in all, over and 
above tlieir actual wages and the cost of their horses and carts and 
everything. They made that much money; about $10 apiece. 

By Mr. Wilson : 

Q. I will say that your name has not been mentioned in connection 
with that. I never heard it. — A. The matter came up, but you gentle- 
men did not seem to understand it, when Mr. Carusi spoke about it. 

Q. This matter that Mr. Carusi was talking about seems to be a con- 
tract direct with Boston! — A. The work pleased the superintendent of 
the board, aiul pleased the board so well, and they saw that they got 
along so well, that they gave them this contract for parking the lower 
portion of Massachusetts avenue. A portion of the work was. done 
between Ninth and Twelfth streets. They had given them this work, 
and 1 believe that it has been about as well done. 

By the Chairman. 

Q. Between Seventh street, northeast, and New Jersey avenue? — A. 
Yes, sir. 

Q. That is the work that you are speaking of? — A. No., sir; this is 
the work that Mr. Carusi did for the Workingmen's Association; but it 
was almost the same work, because the men of the association worked 
for Carusi. He paid them, and then the overplus has been divided. 

By Mr. Wilson. 

Q. Do we understand yon that there was no contract directly with 
the association ? — A. No, sir; that is, Boston stands as the president 
of the society. 

Q. The contract is directly with Boston ? — A. Yes, sir. I do not know 
how that was, but I know that Boston made the contract for the associa- 
tion, and has reported to the association for every dollar that was made. 

By the Chairman : 
Q. The avails were divided? — A. Yes, sir; every cent. He took his 
pro rata just as the other members did. 

M. F. Kelley, having been duly sworn, testified as follows: 

By the Chairman : 

Question. State your business. — Answer. Assistant assessor of the 
board of public works. 

Q. Do you know Mr. Seitz?— A. Yes, sir. 

Q. We have had some testimony in relation to your connection with 
a contract sold, I believe, by Mr. Seitz to Taylor & Filbert. State to 
the committee your connection with that contract. — A. I think it was 
some two years ago, during the first campaign, when Mr. Shepherd was 
engaged in politics in this town, that I was deputized by him and the 
republican club of the thirteenth district to take charge of the cam- 
paign and run it in his interest. Immediately after the close of 
he campaign Mr. Seitz was talking about some compensation for 



TESTIMONY OF M. F. KEI-LY 214-7 

the labor that he had poifonned, and sn,£;<ioste<l the ]>ropriety of se- 
curing a coiitra(;t. 1 tohl liim so far as I was individually coiicenied, 
it woukl inipossibU' for nie to ^o into any contract, being an ofd- 
cer of the board of public works, and it would not be altogether 
proper for my name to be connected in any position whatever, so 
far as contracts were concerned. He said that if I would use my 
influence to a certain extent possibly there might be something com- 
ing to me out of it. I told him I did not know of any one that I coukl 
use my influence with, because I felt a certain delicacy in ap[)roaching 
]\Ir. Shei)herd, the vice-i)resident of the board, the i)r('sent governor, to 
ask him to do anything for me; possibly he might think I was doing so 
for the work that 1 liad preformed for his brother. Seitz at last came 
to the conclusion that he couhl secure a contract any way, and for 
several months made it a rule to daily come to my ollice and inform me 
how he was progressing in the work. He at last suggested the idea, 
uot having the funds himself to carry on the work, that the contract 
might be sold. 1 told him that I did not know but what that was a 
very good i)lan ; that not having the means himself to carry it on, he 
might get some responsible party to do it for him. He informed me 
then that there was a man by the name of Jonathan Taylor, of Xew 
York, who was a capitalist and was desirious of doing work in this city, 
and asked me to go to the Metropolitan Hotel with him to have an in- 
terview with him. I proceeded there, much against my own inclination, 
feeling that I was not doing Avhat was altogether proper at that time, 
and had an interview with Mr. Taylor. Mr. Taylor asked me how many 
square yards there were in the street. Being a resident for four or live 
years, I mentionod possibly 10, 15, or 20,(K)(). I do iu)t remember. I 
took the width and length of the street. He suggested that if tliera 
were 3(),()0I) square yar<ls in the street he would give the sum of 84:,.'>0(). 
I told him I was not aware how many square yards there were in the 
street, but if he would go to the engineer's oflice of the board he might 
get an estimate. I went back to my oflice then, and I think it was two 
or three days after that Mr. 8eitz canu^- to see nu^. again. He said he 
had been to see Mr. Taylor, and Mr. Taylor had rather demurred against 
the amount to be paid. 1 asked him upon what ground, and he said 
that there was not the necessary amount of square -v^ards in 
the street to pay that amount of money. " Well," says I, " this 
is no business of mine. I am merely a(;ting in a friendly way for 
you.'' "O well," says he, "your services will be paid for in any resi)ect 
that you elect." " Well," says I, " I don't care anything about the i)ay ; 
jbut tln-n, if you insist upon this thing, of course, as I have gone so far, 
I will go all the way through." 

Tlie next I knew of it was that oiu^ morning he came into my ollice 
and showed me a letter addressed to Jonathan Taylor, informing Jona- 
tlian Taylor that lie had received a contract for paving the carriage-way 
on Tenth street, from F to N street. I asked him where he received 
that letter. Previous to this, he was telling me all the time that he was 
to receive a contra<;t himself ; that he had madeapplicaticm. I asked him 
where he had received this letter of Jonathan Taylor, and he informed 
me that he had received it from the secretary of the board. I aske<l 
him how it was tJiat the secretary of the board deli veivd this letter to him, 
it not being addresse<l t(j him. He saitl he did not know exactly how that 
came about; but he had got the letter. " Well," says I, "this is the street 
you have been speaking of to me aboiitall along; what will 1 do immv V 
Says he, "I propose that we go and see Mr. Taylor." Says I, '^ When; 
is he?" He said he was at the Metropolitan llotel. 1 went up there 



2148 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

I could not find IMr. Taylor. He uext informed me that he understood 
that Dr. Filbert was a i)artuer of Mr. Taylor, and asked me to go and 
see him. I asked hisn where he resided. He said on loth street, right 
above New York avenue. I went there to have a conversation with 
Mr. Filbert in the presence of Mr. Seitz, and asked him what was neces- 
sary to be done in this matter. He said that he had come to the con- 
clusion to give only LM) cents a square yard. Says I, " How many yards, 
according to the measurement of the engineer, are there in that street!" 
I think it was about 1,000, or something ; I do not remember exactly ; 
10,000 probably; but the amount of money that was paid for the street 
■was $2,054. Mr. Beidler, who represented himself as the agent of this 
firm, claimed that, having been here for several months awaiting the plea- 
sure of Mr. Seitz, that he was entitled to some compensation for his labor. 
I told him, "Thisis no concern of mine atall ; whatever Mr. Seitz saysin the 
matterlam willingtodo. lam merely acting as an agent, or, in other words, 
as a friend for him. Mr. Filbert then asked if it Avas no more than 
right that he should draw a check for |5,400 for Beidler. Says I, " You 
■will have to ask Mr. Seitz about that." Mr. Seitz consented, and he 
drew a check for $2,000 and handed it to me. Seitz says, " 1 would 
rather have this check drawn in Kelley's name, because he has been 
representing me all the way through." Says I, "I wish it to be under- 
stood that I have no part or parcel in this contract at all ; but Mr. Seitz 
says he will comj^Misate me for my labors." I went down to the Metro- 
l)olitan Bank and had the check cashed. The bills ■were quite large, so 
that he could not get his one-third of it, and 1 went over to the United 
States Treasury and got the bills changed, and so gave him his one-third 
of the $2,000, and kept the other two-thirds myself. He rather mur- 
mured about it. I said, "Y"ou said I should be compensated. I have 
done all the work in regard to this contract that contd be done, and I 
am certainly going to claim a fair compensation. This is all easy 
money earned for you, but it has been hard money for me." I took two- 
thirds of the $2,000. Beyond that, I know nothing furt^her about the 
thing. 

By the Chairman : 

Q. What did you do with the two-thirds of the $2,000 ?— 4. I kept it. 

Q. You did not pay any portion of it to Mr. Arthur Shepherd, or 
anybody else '? — A. No, sir; I did not think I was entitled to pa3' any 
])ortion to him, because 1 considered that he was under obligation to me 
for ser\ices performed, and I intended to keep all that I could get. 

Q. So that you ])aid no portion of that to any one, then ?-— A. No, sir. 

Q. Did you tell Mr. Seitz that you had paid it to Arthur Shepherd ? — 
A. Well, I may have done that in a joking- manner, sir. I do not re- 
member it. 

Q. My recollection is that Mr. Seitz testified that you told him so. — 
A. ^Yell, if I told him so, I have no knowledge of it. 

Mr. Christy. He so testified. 

By the Chairman : 

Q. Did you, or did you not, tell Mr. Seitz that you paid one-half of 
that two-thirds to Mr. Arthur Shepherd 1 — A. I have no knowledge of 
it. As I said before, if I did say so it must have beeu in a joking man- 
ner; but I have no knowledge of it Avhatever. 

Q. Was Arthur Shepherd's name mentioned in any way in connection 
"with this contract? — A. No, sir ; only so far as my receiving the two- 
thirds. He wanted to know if I was going to give Arthur She])herd 
one-third, and I asked him what for. " \Yhy," says he, " he has done 



TESTIMONY OF M. F. KELLY. 2149 

a o-ond (leal in this matter." " WoU," says I, "■! have done, and you 
have douo a uieat deal niore than he has or ever ean do for us." Hays 
I, " I had tlie char<;e of the wlu)le caniiiaiun of tlu^ District, and was 
handling' his inoiu'v and (h)inft- everything;- to ekM-t him." 

Q. NVas there any understanding- between yon and ]\Ir. Seit/ tliat 
Mr. Autliur Sliepherd was to have an interest in this contract or tiu" pro- 
ceeds ? — A. No, sir. 

Q. There was no such understanding' ;' — A. Xo, sir. In fact, [ had 
iiotiiing to say about it any further than as he represented things to 
mo. 

(). Have you ever had any conversation at anytime with 'Sir. Authur 
Shc[)herd in rehition to these sums of money f — A. Xo, sir. 

By Mr. Wilson : 

Q. How did you and ^Nlr. Seitz happen to talk about Authur Hhep- 
lierd, then, in connection with the division of this mouey f — A. I took 
the two-thirds of the money and he demurred. 

i). How did it ha[)pen that he asked you if you were going to give 
half of that to Authur She]»herd? — A. From taking two-thirds of it, he 
supposed that Mr. 8iiei)herd was interested to the same extent that I 
was. 

Q. Why did he snppose that ' — A. From what he had said previously 
to me, that Arthur ^Shei)herd had done a great deal for hiiu. What his 
intention was certainly, 1 cannot say. 

>Mr. MattinCtLY. Mr. 8eitz does not say that Mr. Kelley told hiiu 
that he paid .Shei)herd ; but he says that 8hei)h'erd himself told him. 

^Ir. CiiUiSTY. He says both that Seitz said to him, ami also to Shep- 
herd subsequently. 

The CUA1U31AN. I want to ask Mr. Shepherd another question. 

Arthur Shepherd recalled. 

Qnestion. Did you eYer tell Mr. Seitz that you had receiv'ed a portiou 
of that money? — Answer. I positively uever did, sir. 

]M. F. Kelly recalled. 
By Mr. Chklsty: 

Q. What are your duties as subordinate to Mr. Beall, superintendent 
of assessments ? — A. To perform whatexer duties he assigns me. 

(). What duties do yon, in fact, discharge t — A. Keei) books, receipt 
bills, colle('t money, make out bills, and do all the other necessary work 
of the olli(;e appertaining to what he would do hinrself. 1 ha 1 po.ver 
to act when he was absent — had the same i)ower to act as he would do 
when lie was present. 

Q. Have you not, in fact, made out the bills and assessments against 
citizens for their special im[)rovements .' — A. Ves, sir. 

By the Chairman : 

(}. A'ou say you are assistant assessor; who is your chief .' — A. (1. ^V. 
IJeail. 

(}. The assessor of this District? — A. Xo, sir; assesstu- of the Ixtard 
of ))ublic works. 

Q. You are assistant assessor of the board of public works .' — A. 
Yes, sir. 

])y Ml'. Wilson : 
(^. How l(»ng have y(>n been ther(^ ? — .V. l-'ver since the (>rgani/,atM)n of 
the board. Xo, the board, I think, organized in -hdy, and my a[)[>oint- 



2150 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ment was dated tlie 24tli of August, 1S71. I was absent frcym the city 
at the time, and I did not come back until September, and then found 
the appointment at my residence; having previously been connected 
with the old corporation for from two to three years, pretty much iu the 
same capacity — not exactly as assistant assessor^ but as deputy to for- 
mer collectors of the city. 

Q. What are the duties of the assessor of the board of public works ? 
— A. His present duties are the collection of all special assessments 
nmde, such as sewerage-taxes and for general improvements upon the 
streets. 

Q. The collection ? — A. The collection. The office was created for the 
purpose of making the assessments ; but the engineers' department hav- 
ing made the estimates, and being better fitted by their force that they 
had in their office to make the assessments, it was thought, I sup[)Ose, 
advisable by the board to allow asssessments to made up there, and have 
them transmitted to us afterward. 

Q. Who makes up those assessments ? — A. They are made up in the 
office of Mr. Forsyth. 

Q. Who signs them and returns them to you % — A. The vice-president 
of the board, Mr. Willard. 

Q. How long has Mr. Forsyth been making out these assessments? — 
A. Ever since the oi-ganization of the board of public works, I think. 

Q. Has that been one of his special duties? — A. Tliat I could not say. 

Q. He has had the entire management of that part of it, has he ? — 
A. That I cannot answer. 

Q. Would not the records of your office show ? — A. The records of 
my office only show the transmittal of the assessments and their entry 
on our books. 

Q. They come from him? — A. They come from the vice-president. 1 
suppose they come from him to the vice-president. 

Q. Is not there anything on those assessment-sheets that indicates 
who makes them ? — A, There is a letter of transmittal, 1 supi^ose, from 
him. 

Q. From the vice-president? — A. No, sir; from Mr. Forsyth. He 
transmits to the vice-president, and then the vice-president, upon passing 
upon the same, transmits to us for collection. 

Q. So that while the assessor's office is that of an assessment in name, 
it is really a collector's othce ? — A. Well, if I understood the title that 
we were first organized under, it was superintendent of assessments and 
collections; or at least at that time we were in bureaus when the board 
first started — a bureau of assessments and collections. The understand- 
ing was that we were to make the assessments and collections, so far as 
I know; but there being nobody employed in the office at that time, ex- 
cept Mr. Beall and myself, and the force not being sufficient to makeup 
the assessments and collect them at the same time, I suppose, without 
any knowledge on my own i>art, that the board determined that they 
should be made out by the parties making the measurements. 

By Mr. Wilson : 

Q. How many employes are there in this assessment-office ? — A. Mr. 
Forsyth's office ? 

Q. No, your office. — A. At the present time ? 

Q. Yes, sir. — A. I sui)pose there are eight or ten. 

Q. Has there been any more than that heretofore? — A. Yes, sir; 
during the semling out and collection of this general sewerage-tax, I 
had some forty men or more. 



TESTIMONY OF M. F. KKLLY. 2151 

Q. What is your salary ? — A. Eighteen hmidred (h)nars. 

Q. Ilow long is it since you have been paid anything on account of 
your salary I — A. The first of last November; nearly seven mouths ago, 

Q. ><'early seven months' pay is due you now ? — A. At the end of this 
month. 

(}. ILave you hiid certificates issued to you from time to tinui .' — 
A. Xo, sir. Wliat do you mean — auditor's (tertiticates f 

Q. Yes, sir; or any kind of evidence of indebtedness? — A. The lirst 
of NTovember, I believe, we r ceived four months' pay. 

Q. In what? — A. IMy pay at that time, I believe, due me was 8450. 
I got s2."50 in sewer-bonds aiul 8-00 in cash. 

Q. bince that time have you had nothing at all ? — A. Nothing at all, 
sir. 

Q. Js that the case with all the emi)loyes in your office ? — A. So far 
as I know, sir. Not all in my oftice, because some of them have not 
T)eeu employed as long as that ; but since they have been employed in 
the office subsequent to that date, to my knowledge, they have received 
no pay. 

By Mr. CuRiSTY : 

Q. Who made up the tabular statement attached to the Governor's 
Answer for the office of the superintendent of assessments 1 — A. 1 made 
a portion of it, and Mr. Beall made the other portion ; in fact, Mr. Beall, 
being the head of the office, it rightfully belongs to him, but, in fact, 1 
made a portion of it. It was a part of my duty. 

Q. I am not criticising that. Did you keep a baidv-account at the 
time that you received this money ? — A. Do you mean in regard to 
certificates ? 

Q. I want to know whether you had any money on de[)0sit at the 
time you received that two-thirds of the sum paid under this arrange- 
ment upon the sale of that contract ? — A. Bank account ? 

(}. Yes, sir. Had you any bank account? — A. Yes, sir. I think the 
baid^ burst since that. 

Q. ^\'llat bank was that ? — A. The Bank of Washington, or, not the 
Bank of ^Vashington, the Washington City Savings Bank. 

Q. Then, you received, under this arrangement, §1,300.33 ? — A. Yes, 
sir; two-thirds of 82,000. 

Q. What disi)osition did you make of that? AVhat did you do with 
it ? — A. 1 do not know as 1 shall answer that question. 

Q. I insist upon your answer, and hand you over to the comnuttee. — 
A. I think the money was my own, and I had the right to dis[)ose of it 
as I ])leased. 

Mr. Black, (To ^Nlr. Christy.) Aie you in earnest? 

]\Ir. ('iiuisTY. Judge Black imjuires of me if 1 am in earnest. I cer- 
tainly am. 

By the CiiAiiiMAN: 

(}. Did you make a (le])Osit ol" that money ? — A. A i)ortion of it. 

(}. J)o you remember wiiat portion ? — A. No, sir; i do not. 

Q. Did you keep a bank-book at the time? — A. That I would not be 
certain of; 1 think 1 did, sir. 

'- (). Ai'e you certain you only (lepositecl a portion of it ? — A. I am ccr- 
t;iin I oidy deposited a jxtrtion of it, because we had Just got through 
the campaign, and money was continually passing thr«)Ugh my h;imls 
from Mr. Sln'iiherd and other sources to carry <jn that campaign. Hav- 
ing the whole expenditure of the money, 1 naturally incurred some debts ; 



21.52 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

to what amount or what extent I am unable, at the present time, to 
state. 

Q. You don't remember how much of it you deposited ? — A. No, sir ; 
I do not. 

Mr, CnEiSTY. I desire that this witness be required to i)roduce his 
bank-book relating to these transactions. 

The CHAiRMAKr We will thiidc of that, Mr. Christy. 

Mr. Christy. I would like to be heard upon it. I deem it im- 
portant, 

Mr, Chairman. The committee will consider it. 

Mr, Christy. I want to prove, if I can, the truth of the statement of 
Mr. Seitz, if it can be done. 

By the Chairman : 

Q. You have your bank-book? — A. I don't know, sir ; I can see by 
looking among my pauers. At the time the Washington City Savings 
Bank collapsed, I think I had $5 and some cents in there; I was not n 
very heavy loser, because when I came to draw" my dividend I found 
the amount was x.evy small, I have done quite a business with that 
bank. While I am on the stand, there was one item in connection with 
this money that I ought to have mentioned. About some year or fif- 
teen months previous to the reception of this money, I had purchased 
some i)roperty on O street between Tenth and Eleventh ; 1 think a por- 
tion of that money went to liquidate one of the notes due on that prop- 
erty, if that is any consolation to the gentleman, 

Mr. Christy. We are not asking for consolation at all, from this or 
any other witness. I ask that the ordinary rules be enforced against 
him. He has admitted that he obtained the money surreptiously and 
ujion a false statement. 

By Mr. Hamilton : 
Q. Had you any interest in any other contract? — A, No, sir, 
Q. That is the only contract that you had any interest in ? — A, I do 
not hardly call that an interest. 

By the Chairman : 

Q, Y^ou had no similar transaction with reference to any other con- 
tract or contractor? — A, No, sir; and 1 am very sorry that I had any- 
thing to do with that. 

The committee here took a recess until 2 o'clock p. m. 

2 o'clock p. m. 
On the committee reconvening, Adolf Cluss was recalled. 

Mr. Mattingly, I would like to know, before I begin Mr. Cluss's ex" 
amination, whether his direct examination is through with on the part 
of the committee. 

Mr. Hamilton. It is for the present, I suppose. 

The Chairman. We have nothing further, Mr, Mattingly, now. 

By Mr, Mattingly : 

Q. Y'"ou have d<'tailed to the committee your experience as an engi- 
neer, to show that you are qualified as an engineer? — A, Y^es, sir, 

Q. You deem, I suppose, that you possess the necessary qualifica- 
tions? — A, Yes, sir, 

Q. So that your appointment as an engineer of the board was a pro])er 
thing under the circumstances to be done, in your opinion, I inesume? — 



TESTIMONY OF ADOLF CLUSS. lM53 

A. Tn my opinion, and in the opinion oftlio vi(;e piosiilent of the hourd, 
as shown by a letter which I have here. Will it be proper to read tliis 
letter f 

Ml. Mattingly. Certainly. 

The Witness then read as follows: 

Bo.viiD OK PiuMC Works, Distkict of Coi.umiua, 

fVash'uif/toii, October 2A, l'^72. 
Dkai: Sii;:'Y<)ur note of tliis iliite iiotifyinj;- tlie board of your appointnuMit and 
qiialilicatioii as a mcmher tlicreof is reet-ivt'd, and we shall be pleased to Inivt^ you at- 
tend tlie nu^etini; to he held Friday, at 2 p. ni. It is hai'dly n<'eessary to ex|)ress the 
gratiheatiou we feel at the appointment of one so admirably niialiliKl to i)erfnrm the 
dirties and so fnlly in accord with your fellow-iuenibers. 
Very' truly, J'ours, 

ALKX. R. SHEPHERD. 
Aixii.K Cluss, Esq. 

^Ii'. Mattingly. It is a very polite and agreeable letter to receive. 
[Lan.uhter.] 

A. Yes, sir. 

(^>. To get this matter of date right; yon were api)ointed a nuMnber 
of the board on the 'l'M\ of October, 1872, I see from yonr testimony .' — 
A. It may have been the 22d, bnt I think the 2od. 

Q. On the 2()th of December of the same year yon were apiminted 
engineer of the board ? — A. No, sir; I was then requested to take charge 
of th(^ engineer department. 

Q. Yon were the engineering member of the board ; bnt on that date 
you were requested to take charge of the engineer dei)artment of the 
board? — A. Yes, sir; I was re(pu\sted to take certain duties. An ai)- 
pointment, you know, would not l)e proper. I am their e(pial, so they 
can ask me to attend to certain duties, but they (lannot api)oint me. 

Q. You were not appointed, tlien, engineer of the board : — A. 1 was 
designated to perform these duties asenoineer in charge. 

Q. On the 2()th December, 1872 ?— A. Yes, sir. 

Q. In your testimony on i)age 20.j0 of the record you say, in auswer to 
a question put to you : 

Well, the orj^anization of the board is such as to seriously impede the operations of 
the yery best enjjincers that could be on hand. I found this state of things when I 
came here. I haye done with rirmn(!ss and courtesy the best to remedy wliat seemed 
to me a lack of system : bnt I do not think I haye i)een yery succi;ssful in my etViirts. 
The yice-president takes tlie assistant out of the engineer's otlice and giyes him priyate 
instructions to take up work, and pass bills without the engineer knowing of it. 

i^. Is that the ordy reason you have for making that statement l — A. 
No, sii-; I have a good many other reiisons. My opinion is that tlie 
board of i)ublic works have so \\\y murdered the reputation of able eu- 
gineers as much as iJliie licaid did his wives. [Laughter.] 

(^). The stoiy of Bine licind mnrdering his wives is only a malrer of 
fiction, and do you mean to say that the reputation of the able and com- 
]»eteut engineers that you speak of was murdered in the same way '.' — A. 
I have no answer to give to that. 

il. On this sanu^ P^'ge of the record, secoiul page of your testiuuiny, 
in referring to the matter of (jovernment measurements, you say : 

Again, the GoyernnuMit measurements, wliicli I thiid<, according (o the reading of 
the law, are cerlaiMly under tln^ enginei'r in charg(^ of the. board of public works, ami 
to be controlh'd by him, and remeasnred by the engineer in charge of puldic buildings 
and gi'ounds, were done witlnnit my knowing :i word of them. So all those errors, I 
wish to say, I am not icsponsildc for, nor the department under m> cdiargc 

They were not doni^ under yonr siiiiervision :' — A, No, sir, 
(^. llave any of those nuitters been subjected to yonr ins[)ectiou or 
supervision alter they were done l — A. Wliich matters ? 



2154 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Those matters iu regard to Govermneut measureiiients, &c. ? — A. 
The first I saw of tbein was iu the priuted statemeut — in the Governor's 
Answer. 

Q. Is that correct? — A. No, sir; I wish to correct a couple of errors 
that appear in the priuted testimony. 

Q. Do yon mean to say that you did uot say that, or that it is a mis- 
take of the reporter? — A. Well, it was an error into which I fell iu those 
many statements I had to n^ake i)i a few hours. 

Q. You fell into a good many errors ? — A. No, sir ; there is only oue 
of them ; the others I have got here iu black aud white. 

]Mr. Christy. He has the right, of course, to correct. 

The Witness. I ought to answer, of course, that this was priuted in the 
former report, but I mean to convey the idea that the Governor's Answer 
only gave the key to unlock the mysteries of those former reports. Those 
reports were terra incognita without the facts given in the Governor's 
Answer ; and so as not to fall into an error, I might be allowed, perhaps 
— I n)ade one statement, namely, that a contract for 75,000 square yards 
of wood pavement was given in blank to the successors of De Golyer & 
McCMellaud. I ought to have said to the best of my knowledge that it was 
given to the trustee of Austin P. Brown, Z. Jones beiug the trustee. 
That is the same matter already referred to before. — A. I am not 
through yet. In this item I think I have uot been correctly recorded. 
I said that by the stroke of the pen of the vice-president a million 
dollars' worth of contracts had been given out or awarded in his private 
office for main sewers. I said these main sewers were awarded to 
Carrohau & Co., Grautz & Appleman, Samuel Strong, Gregg & Co., 
William H. Adams. I certainly said, at the same time, Bartlett & 
Williams. If the latter name was not included, the million would seem 
to be extravagant — an exaggeration. 

The Chairman. If you will allow me to say a word there, I think 
you did not mention by name Bartlett & Williams. I meution that iu 
justice to the reporter who was here at the time. 

Senator Stewart. I think you did not. 

The "Witness. I might have been mistaken in it. 

The Chairman. You mentioning a great number of names, it is very 
natural you may have omitted oue of them. 

The Witness. This is, I think, all. 

By the Chairman : 

Q. These are all the corrections you desire to make ? — A. Y"es, sir. 

Q. You signed, Mr. Cluss, the report of the board for 1873, did you not ? 
— A. Well, sir, I have told the governor that, as a courtesy to him, I 
signed his report when it was presented to me. I signed it as a matter of 
courtesy, without looking close into it. Not as closely as I ought to 
Lave done, and I told the governor also when the Governor's Answer 
was printed, and he laid certain statements as Governmeut claims be- 
fore me, I refused to sign them, because in this very report of 1873, care- 
less figures were laid before me. 1 was good enough to sign them with- 
out closely looking over them. This report in the Governor's Answer, 
therefore, came before this committee without my signature. It is a 
claim for about two and a quarter millions for main sewerage, &c. To 
the best of my recollection, this paper was iu the handwriting of either 
Mr. Forsyth or Mr. Oertly. I refused to sign it. It is here without my 
signature. 

Q. J>id you sign this report of 1873 ? — A. I do not know even for 
sure that 1 signed it. The reports of the board of public works are not 
such as I have been accustomed to before I was a member of the board. 



TESTIMONY OF ADOLF CLUSS. 21i'>D 

Q. You liave seen tlio report i)nri)ortin.ii to have your name appcMided 
there? — A. 1 have seen many reports where my name was achled with- 
out my consent and without my knowledj;e. 

Q. Wliat rei)orts of tlie board have you ever seen, where your name 
api»eared when you had in)t sigueil ? — A. Pai)ers in the Governor's 
Answer — documents in the Governor's Answer — presented to this houor- 
aWe committee. 

Q. Wliat jiapers ? 

Tile Witness. Will you give me the Governor's Answer ? 

[A (;o[)y of the Governor's Answer was lianded to witness.] 

A. If you will turn to page 338 you will lind there are some papers 
there that I never saw. I never saw these papers before they w^ere 
l^rinted, to the best of m}' recollection. 

l>y Governor Siiepiiekd: 

Q. Do you say you did not sign that? — A. To the best of my recol- 
lection, I did not. 

Q. 8wear one way or the other; did you sign it, or did you not? I 
vrant a direct answer. ^V'hen you make charges of forgery, we have a 
right to demand that you shall answer the (juestion yes, or no. 

By yir. MATTiNaLY: 

Q. Did yon sign it or not? — A. To the best of my recollection, I did 
not sign it. I desire the papers to be presented here. 

Q. You stated not a moment ago that there are papers in the Gov- 
ernor's Answer ])urporting to be signed by you wliich you had not 
signed? — A. Yes, sir, 1 did. 

Q. Now, is there any doubt in your mind as to whether you did sign 
that paper or not? — A. I will tell you in one minute. I am almost posi- 
tive, you know, that this other paper on page 337 was not presented 
to me. That is the second. 

i). Hold on a minute ; let us see what that is. You are almost certain 
you did not sign that? — A. I am ])retty certain that I did not sign that 
signature on t)age 331. I demaiul the i)ai)ers to be brought here. 

]\Ir. Mattingly. We will ha\'e them here. 

The AViTNESS. There seeius to be another paper which I did not sign 
then, 

Q. "What is that ; let us know ? — A. It is is some estimates, you 
know. 

Q. Estimates for what ? — A. Contracts, of course. I did not come 
here prepared, you know. 

Q. When you make statements as to forgeries, ]Mr. Glass, you ought 
to conie prepared to substantiate them. — A. I am prepared to substan- 
tiate thenj. 

(}. You say jou did not sign them ? — A. Yes, sir, 

i^. You state tliat under oatli '. — A. Yes, sir; I state it under oath ; 
and esjx'cially this thing, you know, this ])aper — I cannot tind it Just 
now. It relates to contracts. I signed similar i)a[)ers in the report of 
1873; bnt these papers, I did not sign a single one of them, to the best 
of my knowledge and belief. 

(). IIow is tliat ; you say you signed similar papers in the report of 
1S73, but did not sign these ? — A. 1 signed some statements, you know 
— a list of contracts and the like, bnt this is an enlarged list. Tiiis en- 
larged list 1 have, to the best of my recollection and belief, first seen in 
print here in the Governor's Answer. 

(^. Those iii the (rovernor's Answer you had not signed ? — A. No, sir. 

Q. Those in the rei)ort of 1873 you (lid sign t — A. I'es, sir ; and I took 



2156 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

good care how I signed them. This list of contracts was brought to me 
one idternoon to sign. I said to Mr. Nott, contract clerk, " For God's 
sake, how can I sign all these papers?" At last I took a whole night 
to look over them, and the next day I put my signature to it. He 
signed, " Nott, 31 Oct.," and I put under it, "Adolf Cluss, Nov. 1st," 
showing thereby I had oidy one night to examiue the whole concern, 
and that 1 did the best I could. 

Q. Was that the date you signed them ? — A. Yes, sir; I think so. 

Q. x\\\d the reason you put tiie date there was to show you had only 
one night to look over them f — A. Yes, sir. 

Q. Gould anybody tell, on looking at that date, that you had only one 
night to examiiie the papers you had signed ? — A. Yes, sir. 

Q. How could they ? — A. I will show it to you. Here it is, page 118, 
report of 1873 : 

Office of Contracts and Supplies, 

Board of Pnhlic Works, October 'SI, 1873. 
WM. E. NOTT, Contract Clerk. 

I liave esamiued the above list as to completeness and figures, aud certify to the 
same. 

ADOLF CLUSS, Chief Engineer. 
Washington, Kovemher 1, 1873. 



Q. Now you say there, Mr. Cluss ; 



I have examined the ahove list as to completeness aud figures, and certify to the 
same. 

A. Yes, sir. 

i}. Do you mean to say that the board of public works was not 
justitled in putting credence in any report signed by you iu that man- 
ner, aiul assuming it to be correct f — A. These papers were prepared 
under the special orders of the governor, and were presented to me, and 
instead of signing those things like a dead-head, I took one night 
carefully to look over them. 

Q. Was there any objection to your looking over them ? — A. Ou 
•November 1st the governor said the report must go in, aud iu order 
not to have a fuss or a tight I sacrificed one night. 

Q. The law requires a report to be put in the 1st of November of 
every year? — A. Therefore, it was very wrong, as the contract-clerk, as 
shown here, iiresented me with these papers only ou October 31. 

Q. But the law requires that that report shall be made every year, ou 
the 1st of November, does it uot ? — A. It may be so. I cannot state so 
under oath. I suppose it is so. 

Q. You are very particular al)out what you state under oath ? — A. 
Yes, sir ; of course. 

Mr. Mattingly. That is right. But you did examine these vouchers 
to justify you, at the time, in putting the certificates that you did, and 
signing them ? — A. Yes, sir; I did the best I could. I corrected a great 
many errors in that one night. I wish to say further, that ou the first 
idea of signing my name 1 did not call it forgery, but if Mr. Mattiugly 
calls it so 1 take it as such. 

Q. You say your name has been forged ? — A. If my name is not iu 
there. 

Q. ^Suppose your name is there, then do you call it perjury on your 
part? — A. 1 am ready for that. 

Q. Now, Mr. Cluss, referring to these Government measurements of 
which you deny all knowledge and all responsibility, this question was 
put to you : 



TESTIMONY OF ADOLF CLUSS. 2157 

Q. I will call your attention now, iu tliat connection, to some matters which niiy 
have attracted your attention. For exaiui)le, there was an account wliicii seems to 
have been made'out, which was made tiie basis of an appropriation of Sl,2 lO.ODi) and 
upward. Did you have auythinj;- to do witli that?— A. No, sir, I wish to say, how- 
ever, tluit this is one of those cases where an assistant— responsible to me — was taken 
away from my supervision, and lie, under the direct order of the vice-presidout, then 
made these charges. I am not responsible for an iota of the whole. 

13o you meuii to say that statement is true ? — A. I mean tliis state- 
ment is substantially tiiie; I bone, also, verbally. It is so lonj>', and in 
the careless way in which the work of the board of public works is 
(lone, that it mioht possibly have been laid before me for sionature. I 
was theu only a few days a member of the board. I was appointed ou 
October 23, aiul on November 1, only seven days thereafter, this report 
had to be signed; and 1 did in this seven days the best 1 could. 

Q. You state here that an assistant, resi»onsible to you — see that I do 
uot misstate you — you state here, under oath, that an assistant, respon- 
sible to you, was taken out of your oiUce, under the orders of the vice- 
president, and directed to do this work. Now, Mr. Cluss, don't you know 
that at the time this statement was made out you were not a nu'mber of 
the board of public works? — A. 1 was a member of the board of i)ablic 
works Avhen the report of 1872 was in, and, in justice to my position, 
the papers ought to have been submitted to me. 

Q. But wheu the assistant engineer in your office was directed to 
make that statement were you a member of the board of public 
■works, and had you anything to do with him I Do you know when that 
statement was made out ? — A. ^Ir. Oertly since has told me that he had 
been at work upon it as early as from September. 

Q. Made it out in September? — A. No, sir ; from September — com- 
menced iu September. 

Q. Were you a nuMuber of the board of public works at that time ? — 
A. Not in September; but 1 wish to qualify what I said here. 1 thought, 
you know, when Judge Wilson asked those (luestions, that he had refer- 
ence to everything that related to the payments obtained from the 
Government of about three and a half millions, and I may have been 
here — I may have beeu misled in the wording of it. I thought tliis 
had reference to all these appropriations wheu I was a member of the 
board. 

Q. Didn't you, wheu I read it over to you just now, repeat that it 
was substantially true, and you hoped verbally ? — A. Well, I have to 
qualify that in so far as that this interfered with the organization of the 
engineer department, and 1 had reference to all the work under which 
the money from the [)ublic treasury was obtaiued. This might have 
been an luiintentional error. 

By the Chairman: 

Q. 1 want to ask it question right here. Do you meau what you stated 
here yesterday is a mistake, and that yon wish to correct it now? — A. 
]\Ir. Chairman, I nu*an to say that when these <]uestions were propounded 
to me I certainly thought that all of them referred to those statements 
in the report of IST.'J, and not of 1H72. 

Q. Then you were luistakcn wholly in this answer of yesterday? — A. 
1 sui»i)o.se 1 was mistaken when the very (j[ue.stion was propounded. 

By :\Ir. Mattingly: 
Q. I understand you imw, then, to state that that statement is not 
substantially true <ir verbally either »— A. Well, 1 had, in the way this 
question was put, reference to all the statements in the report of 1873. 



2158 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Is this not part of the statement of 1873 ? — A. Will yon please 
give me the report? 

Q. Here it is, [handing witness a coj^y.] — A. It is my impression now 
that it is in the report of 1872. My answer was especially to say, you 
know, that all these volnminoiis stateineuts in the first part of the report 
are not, in my opinion, worth the pen and paper they are written upon, 
and that they are to mislead the public. 

Q. What statements are you talking about now ? — A. The report for 
1873. 

Q. Tbey were made to mislead the public ? — A. Yes, sir. 

Q. I understood yon, in answer to the question yesterday as to 
whether you had anything to do with the statement of appropriation 
— with the preparing of a statement on which the a[)pro[)riation of 
$1,210,000 was to be based, that you referred in your answer to all these 
statements in the report of 1873, which were nuide to deceive the pub- 
lic ; is tbat so f — A. Yes, sir. 

Q. Did yon, in making that answer, pay much attention to the ques- 
tion asked you? — A. I knew that the $1,212,000 had been obtained on 
the 10th of January, or the 8th of January, 1873. I certainly, when, 
this qnestion was put to me, thought it related to the measurement 
upon which this $1,210,000 were obtained. 

Q. How was that money obtained on any measurements made by the 
engineer of the board of public works, or any engineer under the board, 
of public works ? — A. 1 have read the law, and I saw that the Goveru- 
nient engineer was to remeasure that work, so I thought for sure tbe 
measurement ought to have been made by the engineer of the board of 
public works. 

Q. You think when Congress makes an appropriation of that kind au- 
thorizing the Treasury Dei)artment to pay money on the measurement of a 
United tStatesofiicer, that you as the engineer of the board ought to make 
the measurement ? — A. I think that the law means that the Secretary of 
the Interior is to draw that money, and I tiiiuk tliat the Secretary of 
the Interior has not been consulted at all. I think that this is a fair 
eonstructionofthelaw, that the engineer of public buildings and grounds 
is to measure this thing over so as to have a control in the obtaining of 
public funds. 

Q. You had reference to that when you made your answer as to that, 
did you ? JSTow, Mr. Cluss, you knew very well at the time you made 
your answer, didn't you, day before j'esterday, that you were not in office 
at the time Mr. Oertly, or whoever it was, was assigned to make out 
that statement, did you not"? — A. Well, I have stated, you know again, 
that I had certain reference to everything that was done for obtaining 
this money out of the Treasury. 

Q. You had no reference to the qnestion ]mt toy(«i in your answer? — 
A. I had reference to the estimate upon which the money was obtained. 

Q. Do you mean to state to this committee that Governor Shepherd 
delegated an assistant out of your office as engineer of the board to 
nuike measurements on which money was obtained from the United 
States Treasury? — A. Yes, sir. 

Q. You do? — A. Yes, sir. 

Q. And that money wat? obtained on those measurements? — A. Yes, 
sir. 

Q. Don't you know that those measurements were made by Colonel 
Samo as the engineer under General Babcock ? — A. I do not. 

Q. And before you went into office? — A. The way I read the law, that 
the board of i)ul)lic works shall not take the low position of greedy 



TESTIMONY OF ADOLF CLUSS. 2159 

« 
contractor.^, and the Commissioner of Public T>;ul(liii'i:s aul nioumls 
sliall measure over; but I consider under oath the oHice wliich 1 had 
taken after I liad had the honor of an appointment from tlie Presiih'at 
of the United States, unsolicited by me— I thought that, in his obtaining:? 
of the public funds, there was to be a joint responsibility between the 
Commissioner of Public i>uildin<>s and (Irounds and the board of public 
works of the J)istrict of Columbia, who are United States officers as 
well as the others. 

Q. Then, in your opinion, Mr. Cluss, the Treasury Department was 
wronji- in makinj;' those payments on the certificates of General Babcoclc 
without your consent ? Is that it? Are we to understand that .' 

The Witness. Have you got the law here ? 

Q. I thought I had it here. You are talking about your understand- 
ing of the law. That is a ])lain question. You can answer it. I ask 
you whether it is your idea that the Treasury Dej^artnient was wrong 
in making those payments on the certificates of General Babcock, the 
United States engineer' — xV. It is not for me to say that the Treasury 
Department was wrong, but I believe that the thing has not been done 
in that careful way in which the law Avas designed. The law says for 
sure, in one appropriation, that the Secretary of the Interior was to ask 
for tliis money, and I have, as far as the Governor's Answer is concerned 
— I have never seen the Secretary of the Interior doit, or have anything 
at all to do with it. So, I say in this regard a little irregularity has 
been connnitted. 

Mr. Wilson. Here is the law referred to, right at the bottom of the 
page. (17 Stat. atLai-ge, p. 405.) 

[The act is as follows :] 

To enable the Secretary of tlie Interior to pay the expenditures made of the board 
of public works of tiie District of Columbia for paving roadways and curbinj^-, and 
pavinji' sidewalks, grading, sewerage, and other improvements n])ou and adjoining pro- 
perty of the United States in the District of Columbia, .$l,24L9'2().yO, or so nuu-h there- 
of as may be necessary: Provided, That all payments under this appropriation shall be 
made only upon tiie vouchers provided by the olticer in charge of public buildings and 
grounds of the District of Columbia, after full examinarion and uK^asuiement of the 
above improvements, and the approval of the prices claimed therelbr: Provided, That 
the said board of public works be, and they are hereby, prohibited from incurring or 
contracting further liabilities on belialf of the Uuitud States in the impr.)venieut 
of streets, avenues, and reservations bi;yond the amount of the ajipropriatious previ- 
ously made by Congress, and from entering into any contract touching such improve- 
ments on belialf of the United States except in pursuance of appropriations made by 
Congress. 

Q. Now you have read the entire law through? — A. As far as I im- 
plie<l from the (Jovernor's Answer, the Secretary of the Interior has not 
l)een asked al)ont it, and in this regard, in my O[)inion, a little irregu- 
hirity has been connnitted. 

(»>. Von have read the law through. Do you find anything in that law 
recpiiring iiayment to be made on vouchers approved l)y yon (U* l)y the 
engineer of the board of pul)lic works.' — A. 1 think the law reads that 
way. The vouchers are to be approved, of course, and a voucher must 
be made, of course, before it can l)e approved. 

(,). Who has to make it? — A. Of course the board of public works. 
This is clear. 

(^>. That is your opinion of it ? — A. It is a question of law. 1 do not 
want to go any further about it. I am an engineer, not a lawyer. 

(^). That is your construetion of that law, is it ' — A. Yes, sir. 

<»). That these vouchers ought to hav<* been appro\'ed by you, and that 
General Ualicoek's approval alone was not sulHcient I — A. No, sir; not 
S-illicient in my oi»inion ; there ouglit to have been a Joint ap[>roval. 



2160 AFFAIES IN THE DISTEICT OF COLUMBIA. 

Q. To return. Your statement yesterday was that tlie statement or 
account on \vl}i(;li tliat ai)j)ropriation was based was made by a dei)uty 
in your office, for whose acts you were responsible, selected by Governor 
Sliei)l!erd, without your knowk^dge or consent, and made out by him ; 
is that true or not *? — A, Mr. Mattingly 

Mr. Mattingly. Just answer the (juestion, yes or no. — A. I have not 
fully understood you ; please repeat it. 

Q. You stated liere day before yesterday that there was an account 
uuide out, which was made the basis of an appropriation of $1,240,000 
and upward, by one of your assistants, responsible to you, taken from 
your own supervision, and under the direct orders of tlie vice-presi- 
dent. Is that statement true ? — A. I have repeated already my under- 
standing of this. I misumlerstood the question. 

Q. As an answer to the question printed there it is untrue "? — A. 
Well, as an answer — I mean to answer the question that the money 
was obtained from the Treasury and no estimate made. I am glad to 
make this correction. It was an unintentional error. 

Q. Do you mean to state here that money on the Treasury was paid 
on that statement of account made by a subordinate in your office ? Do 
you mean to make that statement? — [No response.] 

Q. That money was drawn out of the Treasury ? — A. Yes, sir. 

Q. You say, in your answer, you understood when yQU were nmking that 
answer it applied to when the monej^ was paid or the manner in which 
the money was paid? — A. I mean to say I do not know anything of it, 
but that, as the responsible officer, I ought to have- known of it. This 
is my answer. 

Q. You feel sore on the subject, I know, in regard to this matter, xis 
I understand it, your version is simply this: that you think these meas- 
urements on which the Government paid this money ouglit to have been 
made by you. Is that it? — A. I am not sore u])on the subject, but I do 
not shirk responsibility, notwithstanding I have plenty on hand to do 
without it. 

Q. Do I understand you to say that, in your opinion, the measurements 
on which this money was paid by the United States Treasury should 
have been made by you ? — A. Under the direction of the engineer of the 
board and the official head of the office. 

Q. Y^ou were that head ? — A. Yes, sir ; to be reported to the board of 
public works to modify or adopt the report. It ought to have gone to 
Mr. Samo to be remeasured. 

Q. Then your reasons for making this statement denying all knowl- 
edge of Government n)easurements and your responsibility for them, 
and ascertaining that they had been made by engineers, your subordi- 
nates, detailed, without your knowledge and consent, by the governor, 
was this: that, in your opinion, these measurements ought to have been 
made by you, or made iinder your immediate directions, before the money 
was obtained from the Treasury of the United States. Is that so ? — A. 
Under my immediate direction; that is the point. I do not mean to say 
under my immediate direction; under my direction. 

Q. Now, in point of fact, at the time these statements were prepared, 
or when they were ordered to be i)repared, were you a member of the 
board of public works? — A. When these statements 

Q. Answer yes or no, will you, please? — A. You put me at ouce to 
perjury, 

Q. No, sir; I do not do anything of the sort. It is a plain question. 
I ask you when this statement A. Which statement? 

Q. Your own statements on which that appropriation of $1,241,000 



TESTIMONY OF^. ADOLF CLUSS. . 2161 

was based. Wlieu tlu^sc stateiiKuits were ordered to be made out by 
the vice president of the board, iNIr. Shepherd, when he detailed a clerk 
in the enuineer's olVute for that jjurpose, were you a member of the 
board of imblie works .^ That is a simple (piestiou. — A. I was a mem- 
ber of the board of publie works when this report went in otlicially to 
Conj^ress. 

Q. Tliat is not the (piestiou, Mv. Cluss. The question is this: when 
one of the deputy en-;ineers in the engineer's office was detailed by Mr. 
Shepherd, the vice-president of the board of public works, to make this 
statement upon which that appropriation was based, were you a uumu- 
ber of the board of pubbc works .' — A. I have stated this before twice. 

Q. 1 have not got to any answer yet. I have been trying to get one 
for a long time. Yes or no — were you a member of the board of public 
works or not ? — A. I must look at the dates. 

Q. There is the report of 1872. — A. I wanted to have the date wheu 
this ai»i)ropriation bears the ofhcial signature. 

The CiiAiKMAX. jNIr. ]Mattingly, 1 am not so clear that ]\Ir. Cluss un- 
derstands your question now. 

Mr. AIattingly. That is the reason I asked him whether he under- 
stood it or not. 

Tiie CiiAiiiMAN. You have reference, as I understand you, to this : A 
statement was made out under the order of somebody, which was car- 
ried to (Jongressaud presented to a committee of Congress as a basis for 
an ai)propi'iation. 

]Mr. Mattingly. Yes, sir. 

TiieCuAiRMAN. iSTow you want to know whether he was a member 
of the board of public works at the time when that statement was pre- 
pared. 

Mr. Matting-ly. Y"es, sir ; that is my question. 

The CiixViRMAN. I doubt whether Mr. Cluss understands that question. 

The Witness. I understand that question now. 

Tiie CiiAiiiMAN. It does not relate to appropriations or expenditures 
of ai)proi)riations, but to estinuites as a basis for which these appro[)ri- 
ations were made. 

The Wi'JNESS. I have the estimate here. There can be no doubt 
about it ; but, however, as this estimate is appended to a partial report, 
dated Novend)er 1, 1872, so 1 have a righ't to say I was a member of 
the board when this was laid before Congress. 

The Chairman. No, sir; that is not the question at all. 

Mr. ]\Iattingly. That is not my question. 

The Witness. What is it, then ? 

By Mr. Mattingly : 

(}. My question is this: when the deputy engineer was detailed by 
the vice-i)resident of the board of public woiks to prei)are that state- 
ment which that appropriation was asked for, were you a mend)er of 
the board of public works .' — A 1 am not i)ositive about that. 

Q. You are not positive about that ? — A. Xosir; because 1 am only 
positive I was never asked about it. 

(}. You went there in October, did you not .' — A. Yt's, sir; on tiu'i'.id 
of October. 

Q. That is the report of Novend)er, 1S72 ? — A. Y'es, sir. 

(^. You find it there, do you not? — A. Yes, sir, 

Q. Yon were ap[)ointed engineer of the board, or requested to assume 
the duties of the engineer of the board, on the 2Gth day of December, 
130 D C T 



2162 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

1872, were yon not? — A. I was tbe engineer member of the board from 
October 2.'> ; and I was member of tlie board of public works. 

Q. I understand that : but .you had not charge of the engineer depart- 
ment of the board until the 26th of December ? — A. That is correct. 

Q. Now that report was made November 1 ? — A. Yes, sir. 

Q, When you went into the board in October, do you know whether 
Mr. Oertly was not engaged at that time iu the preparation of this 
statement? — A. I Fm not positive about that. 

Q. It was concluded in November, was it not? — A. Yes, sir. 

Q. It had already been defined by that time? — A. Most likely. On 
the 30th of October, to the best of my recollection, that one night while 
at Governor Shepherd's private house, he invited me to come and hear 
the writing out of his report. 

Q. By the first of November, anyhow, that statement was all com- 
pleted, was it not? — A. The first of November, 1872. 

Q. Now, it was not until the latter part of December you assumed 
charge of the engineer's ofiflce? — A. Yes, sir. 

Q. How could a subordinate of yours, as an engineer of the board of 
public works, responsible to you, be detailed by the vice-president of 
the board to make out this statement on which this appropriation was 
based, when, in point of fact, at that time you had nothing to do with 
the engineer department of the board more than any other member of 
the board ? — A. I have already said tliat I misunderstood the question ; 
in my statement yesterday I referred to the money drawn out, and I 
Lave formally retracted, as far as this point was concerned. 

Q. That is all the answer you desire to make to that? — A. Yes, sir. 

Q. Now, Mr. Cluss, I understand you to say that you mistook the 
question, and your answer applied to the statement on which the money 
was obtained. — A. That is it. 

Q. Was that money obtained on any statements made out — money 
obtained from the Treasury Department ? Now, understand my question, 
please. Was that money obtained from the Treasury Department on 
any statement of account made out by any of the deputies iu your ofitice, 
detailed by the vice-president of the board of public works? — A. All 
of these measurements were made by subordinates of my oflice without 
my knowledge, but about the details, how it was done, I am not i)osted. 

'Q. Now, that is a very plain question, and it seems to me you ought 
to answer it in a plain Way. You made a broad, sweeping assertion 
here day before yesterday, which you have now to admit, in terms, is 
untrue. 

Mr. Hamilton. I do not think it is hardly fair for you to repeat that 
thing over to the witness. You have got an answer several times from 
him to tbe effect that it was under a misapprehension of the question 
that he gave the answer that he did. He did not admit its untruth, 
but he explains how it was that answer was given. He says the answer 
was given to a question, as he understood it, in a different shape. It is 
hardly fair, therefore, to state in your question that he admits his answer 
to be untrue. 

Mr. Mattingly. I do not mean to be misunderstood as putting Mr. 
Cluss into the i)osition of admitting that it was Avillfully untrue. I 
understood him to say that he misapprehended the question. 

Mr. Hamilton. That is what he stated. You ought to deal fiiirly by 
the witness. 

Governor Shepherd. Mr. Hamilton, I think I have a right to be 
fairly dealt by also. This man comes here and makes a statement by 



TESTIMONY OP ADOLF CLUSS. 2163 

■which ho seeks to asperse my cliaracter as a public officer. Now, we 
Avaiit to show Irom the record that that is untrue. 

Mr. Hamilton, ('ertaiuly, you may do that; bat do it iu a fair way. 

Governor SSiiepiierd. Certainly. 

By Mv. Mattingly : 

Q. I understand Mr. Class to say this: that iu the statement which ho 
made iu answer to that question, he misunderstood the (question ; that 
his answer a])i>Iicd to the statement on which the money was obtained 
from the Treasury Department. Is that so? — A. Yes, sir. 

Q. That is your explanatiou ? — A. Yes, sir. 

Q. Now, that is so? — A. Yes, sir. 

Q, Theu I ask you this question : Assuming that to be true, do you 
mean to say that that mouey was obtained from the Treasury Depart- 
ment on statements made out by one of the deputies of your office, for 
whom you were responsible, detailed by the vice-president of the board, 
without your knowled<^e or consent; do you mean to say that ? 

[Witness pausiufj.] 

Mr. Harrington. Insist upon an answer. 

Q. Do you understand the question ? If you do, please answer. — A. 
I am thinkini;- how to answer. I am correct iu tlie spirit, but I do not 
like to be caught in the wording. 

Q. It is simply a matter of fact, Mr. Cluss. — A. My sweei)ing asser- 
tion was, that all the>se Government measurements were made witbout 
the least knowledge on my i)art ; that only one day I was called upou 
to sign an appropriation — sign the statement, you know, on which 
•<1,()()0,000 was obtained. This is all; the whole that I know iu this 
matter. If at one time a signature of mine has been obtained to any 
paper, it has been a mere clerical matter. I have never seen any paper — 
I am positive about that — iu detail, ex(;ept that day when I was asked 
to sign the appropriation for that million. 

Q. Now, Mr. Chiss, cau you tell me what you did mean, or to what 
you understood tiiat question to apply, which you answered, and which 
I have repeated half a dozen times !? I cannot com[>rehend your an- 
swer. — A. I answer it again, that all these GovernnuMit nu^asurements 
have been made by em[)loyes of my oflice, without my knowledge or con- 
sent. To the best of my knowledge, it was done by the vice-president, 
because when I asked where those folks were, I was told they were off 
under the orders of the vice-president. Tiiat covers the whole case. 

Q. You state now all of these appropriations, aud measurements for 
all of these approi)riations? — A. Yes, sir. 

Q, Do you mean to be understood tiiat your language should ap])ly 
to those nuiasureiruMits before you were a member of tiie board, and be- 
fore you assunu'd charge of the <Migiueer's olhce ? — A. Of course it could 
not apply to that. It is self-evident. 

(}. Your language, in ex[)ress terms, so far as printed in tlie records, 
makes it apply to tiiat. — A. I claim it applied to tlu' spirit, and not the 
wording. I am not a lawyer, l)iit an architect. I know tlie facts, not the 
meaning of words, i»erlun)S. 

Q. Now, I asked you a little while ago whether you signed the report 
of 1873 or not. I have not an answer to that yet. Did yon, or not i — 
A. I think 1 signed it, but I am not positive. The original paper will 
show it. These papers were so presented, in an off hand way, that I 
could not possibly recollect. 

Q. You signed them as mere routine of oflice ? — A. They weie l)rought 
to me so. 



2164 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Now, here iu the report of 1873, tlie iudebtedness of the Gen- 
eral Goveruineut iu the District of Columbia, ou account of improve- 
ments, as shown in the statement hereto appended, is as follows : 
''For work in and around (loverninent reservatious and public 
buildings, $573,171.75; for work on avenues, $1,050,574.36; for main 
sewerage, $2,540,081.83; total, $4,070,427.94." Do you mean to be 
understood as saying yon signed that report without seeiug that state- 
ment ?^A. I am sorry to say that I saw this statement afterward, and 
the reason I saw it was my refusal to sign that api)iication a second 
tiuie before this honorable committee, because, of course, the whole 
sewerage done by the board of public works did not cost what they put 
down as the Government's share. Under my responsibility of oftice, I 
could not sign any such paper. 

Q. The statement on page 31, Report of 1873, is signed by you, is it 
not ? This statement : 

Statement of amoniits required for the comi)Jdion of main sewers under contract. 

F. Fiudley's coutract $36,081 90 

R-street sewer 1,500 00 

Tompkins & Ruckles 52,420 00 

"VV. H. Adams, (0-street sewer) J 40, 5:W 00 

Bartlett & Williams 240,000 00 

Gautz & Applemau 94, G75 00 

S. Strong 47,400 00 

S. E. Gregg 40, 018 00 

Seventh btrcet (soutlieast) sewer 17, (>18 95 

Eleventh street (southeast) sewer 11, 448 47 

Third street (southeast) sewer .- 16, 733 50 

Seventh street (northeast) sewer 42, 139 85 

Gallaher's contract 349, 000 00 

James Creek sea-wall 67,000 00 

Total. 1,056,565 67 

Statement of amounts required for the completion of work on Grovcrnment reservations and 

hnildings. 

For completion of steps and flagging in front of Patent and Post Offices.. $35,000 00 

On B street north ". 37,000 00 

Ou B street south 6,000 00 

Total 78,000 00 

Statement of amounts required for the completion of streets, pavements, (jrading, parking, .J-c, 

under contract. 

First division, in Georgetown |40, 187 00 

Second and third divisions, in northwestern section of city 25, 920 00 

Fourth division, from Ninth to Fifteenth street west 25,145 40 

Fifth division, from First to Ninth streets west 225, 393 54 

Sixth division, in northeastern section 16, 846 60 

Seveuth division, in eastern section 159,581 83 

Eighth division, on Island 128,064 75 

Total 621,139 12 

RECAPITULATION. 

Amount required for completion of sewers $1, 056, 565 67 

Amount required for completion of Government work 78, 000 00 

Amount required for completion of streets 621, 139 12 

Total 1,755,704 79 

Less amount of material on hand 119, 667 25 

1,636,057 54 

ADOLF CLUSS, 
Engineer in Charge. 
October 31, 1873. 



TESTIMONY OP ADOLF CLUSS. 21G5 

A. TliMt is not this report. When I refused the jiovernor to si<;ii his 
paper again, 1 stated distinctly that I had been niade to sign this p;i])er, 
and the first line ot it was a mistake of Oertly's, and this was tlie rea- 
son that 1 did not sign the second i)ai)er. 

Q. So you would not sign the second paper ? — A. It was presented 
to nie again in some way. 

Q. What is the first line? — A. It is " Statement of amount required 
for the e<)m])letion of main sewers under contract. F. Findley's con- 
tract — 8'')(j,0S1.9()," Tliis contract, so far as the main sewerage is con- 
cerned, is about twelve thousand dollars, and j\Ir. Oertly, under orders 
of the governor, made me sign a false statement here — the main sewer. 

Mr. Wilson. What does it cost ?— A. About $12,(K)(). It is not set- 
tled yet. I hai)pened to have it on hand this morning. Jt is about 
.^Kt.OOO, ^Iv. Finley s-iys it was made ground, aiul he could not i)Ossibly 
do it for that i)rice. The contract was given without the price being 
inserted. 

By ]\Ir. Mattingly : 

Q. State whether that is your signature, [handing witness a i^aper. | 
— A. I think that is my signature. 

(»). There is a letter acUlressed by you, dated November L'l, 1S7.'>, to 
the vice-president of the board of public works; I wish you would 
read it. [Witness read as follows:] 

BoAiiD or PuuLic WoKKs, District of Columbia. 

Ol'KIOK OV CniKF EX(;iNKEH, 

IFafihiiit/ioii, Novcmbtr 21, 187.'?. 

Hon. H. A. WiLi.AKi), 

/ "iCc-Prcaidcn t, 8fc.: 

Sii;: III accordance with your coininniiicatioii of the I'Mh instant, I liorewitli trans- 
mit copies of vouchers and estimates of work done on avenues and streets iu front of 
(jJovernnuMit property, and on wiiich no or only partial measurements and payments 
have lieretofore Ijeen made hy the Government. 

The copies of vouchers iu tiijs ofhce 1 have all certitied to. as requcrted by you. 

The balance due on last uieasurcMuent, as well as the balance due, as per assessment, 
on work formerly settled for, have been comi)ilcd from tiie records of the auditor'.'? oliico 
by Deputy Engineer Oertly, who is fully conversant with all the details of thetrtins- 
actious from the beginniug: 

Tlie following is a c<jndensed statement of the amount due from tlie Government on 
work actually done, viz : 

Balance due on last measurement $63,021 4,'i, 

Ohio avenue 'J, li}U el> 

Nesv Ilanipsliirc avenue. IG, 574 20 

lJ(,'la ware avenue 4, 40.') OS 

Yeiuiont avenue 28,7;';') 00 

Khode Island avenue 51, 420 2:? 

New .b-rsey a\ en ue Oti, ;')liO 2'A 

]{ street south, Sixth to Fourteenth street west H, 2(1:? 70 

Seventh street, E to G street, northwest 4;"), .570 55 

F street, Fittli to Ninth street, northwest :54, l.5() 1 5 

Bahmce due on — 
Massachusetts avenue, New Jersey avenue to boumbiry. northwest, as per 

assessment 43, 1S4 ;"0 

Sixth street west, H north to I! south.. 5,000 ()(t 

Circle ill Tiiirteeuth an<l I' street, noi I invest .57,770 10 

Flagging anuind l';itent and Post < )fMccs 21,(i;')2 ;')0 

Seventh street, through Mount Vernou Scjuare 12, 117 00 

Tiber sewc-r, uniin stem, front of Goviunment rrintiug-Otliee 12,tlOO 00 

Work on street around and a<ljacent to I'nitid States Capitol 207,842 80 

To this ought to be added, for completion of woik, about 50,000 00 

Total 827,471 07 

Dcduet cornet ion of error of measurement on l.'awlins Square, which oc- 
curred in measurement of .January, 1873 14,.57() 00 

Balann^ due 812, 8i)5 07 



2166 AFFAIRS IN THE DISTSICT OF COLUMBIA. 

The work required iu the compilation of the above figures, and their comparison 
with former appropriations of Congress on avenues and streets, was quite laborious 
and extensive, and hence the delay. 
Very respectfully, &c., 

ADOLF CLUSS, 

Eiif/iiieer in Charge. 

The Witness. This verifies the statement which I made. 

Q. That verities the statement which you made, that yon knew nothing 
about the Government measurements ? — A. That the engineers are sac- 
rificed by the board of public works. This was submitted to me by Mr. 
Oertly, and, as a mere clerical matter, was signed. 

Q. Was signed at whose request? Let us understand that. That is iu 
response to a letter of Mr. Willard, dated the 13th, and this reply is 
dated the 21st. You had eight days. — A. In eight days I could not 
possibly have gone to work and measured up this work that is i'l here. 

Q. You did not undertake to do it! — A. I could not do it at all. I 
said Mr. Oertly did this work. 

Q. Mr. Oertly did not write this letter, did he, or sign it ? — A. Mr. 
Oertly wrote the letter, and I signed it. It is in the handwriting of one 
of the clerks. 

Q. Signed by you, is it not ? — A. I think, for sure, I altered the word- 
ing of that letter somewhat, because it was too positive, and I altered 
the wording of it ; and so this was a mere clerical matter for me to 
have signed it. 

Q. Wasn't that w^ork measured, and wasn't it a compilation from 
vouchers'? — A. All I know was, certain vouchers in connection with the 
change of grades arouiul the Capitol here. 

Q. I am talking about the items mentioned in that letter. — A. That is 
one of the items. There are certain vouchers connected with this work 
around the Capitol. These bear my signature and Mr. Barney's ; and 
this i)art of it I know, but as far as the rest of it is concerned I am al- 
together ignorant. 

Q. Then, whatever bears Mr.Barney'sandyoursiguatures is all right?-;- 
A. Of course. Human judgment is liable to err. Certainly there will 
not be found anything but what competent men, under similar circum- 
stance, Avould do. 

Q. But, so far as the board of public works is concerned, when you ad- 
dressed a letter like that to the executive head of the board, is it uot 
fair to presume that you knew what you were writing about as engineer 
of that board ? You have just a little while ago stated to me that it 
was impossible, between the 23d of October and 1st of November, to do 
that off-hand statement of appropriations required, you know, for 
$1,240,000 appropriation. I did not tell you it was impossible. — A. How 
could I, withiii ten or eight days, do such voluminous work like this ? 

Q. Tliat is what I am trying to find out. Now, Mr. Cluss, look at 
these assessments there, and see if each one of them is not certified to 
by you as engineer'? — A. East Capitol street, from First to Second street, 
there is not a signature on that — on this one. 

Q. You say your signature is not on that ? — A. No, sir ; it is not. 

Q. Just please look at that again before you make such a positive 
statement. See if you do not find it there in red ink? — A. Ah, yes; 
that is all right. 

By Mr. Stanton : 

Q. Is it your signature ? — A. Yes, sir ; that is ray signature. 

Q. Are not those the papers on which the statements made in that 
letter were based ? — A. It would take a close comparison to say so. 



TESTIMONY OF ADOLF CLUSS 21G7 

Q. Just see if these are not all sioned by yon. 

fHainling the witness a nninl)ei' of vouchers referred to in tlie letter.] 

A. This bears out what I said, that this system of tiie board of !)iil)lic 
AYorks that is in vogue will catch in its measures the best engineers. 
These papers were presented to me as a mere clerical matter. 1 did 
not know that 1 signed these vou(;hers. 

Q. Then you would sign a mass ot papers like that, Mr. Olnss ? You 
would write out a long letter, giving a summary of this statement, ad- 
dress it to the executive officer of the board of pnblic works, and this 
as engineer of the board, and come here and state it was a mere <;lerieal 
performance on your part! — A. I pretend to say this is the way the 
board of public works perform the work, as the governor knew very 
well. 

Q. That is the way you performed your duty, is it not? That all 
these measnrements had been for months preparing— these voluminous 
papers here ? — A. Wliat I am positiv^e about — these vouchers for im- 
l)roveuients 

The Chairman. 1 want to have him answer one question before you 
I)roceed to another. I want him to state whether his name appears to 
all these vouchers. — A. In this way: Mr. Oertly signs in his handwrit- 
ing, and my name is in ray handwriting between. 

By Mr. Mattingly : 

Q. Then your own name does appear on each one of these certificates ? 
— A. Yes, sir. 

Q. Signed by you? — A. Yes, sir. 

Q. Do you mean to say they are false ? — A. I am sorry to sny — I can- 
not, indeed, say right or left, you know. (Laughter.) 

Q. Then, you cannot state whether they are true or false? — A. In as 
far as thej' are co[)ies from our records in the office of the engineer de- 
partment, I know they are true ; but as far as these estimates are con- 
cerned, since the Governor's Answer I have had my eyes oi)ened in such 
away that the confidence I had in the engineer assistants who i)rei)ared 
and laid these ])apers before me is so shaken that lam ashamed to have 
signed any*:hing like them. It was laid before me by the assistant uot 
under my control, who made up these papers. 

Q. Then, what do you think of your answer to this question : 

Q. You bad uotbing to do with the Goverument nieasurcmeuts, if I uuderstaud 
you? — A. No; nothing whatever. 

What do you think of that statement now ? — A. I had nothing to do, 
whatever, but through conitesy to the governor I signed certain 
papers otUcially made by the assistants, undin" his special knowledge. 

(^. Do you mean to say that Mr. Shepherd ever saw those papers ? — 
A. 1 do tiot say that he did. I do not say that he did not. 

Q. Did you not send them to Mr. Willard ? — A. I could not recollect. 

Q. Is not your letter addressed to Mr. Willard? — A. O, yes, sir; it 
seems so. 

Q. Are not those the vouchers you referred to in that letter .' — A. I 
could not say. I tell you it would take a close comparison. 

Q. Anyone would uot be blaniable for presuming you did know some- 
thing about these measurements when tli(\v find your name, signed to the 
mass of pap<Ms relating to them .' — A. Tliat is, I am aliaid all these 
papers were made to mislead (Congress — in fact, Congress woidd take 

(^). Then you have signiNl tin^ papers made to mislead Congress, have 
you ? — A. 1 have stated that these i)a[)ers, yon know, were signed by 



2168 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

me as a courtesy to tlie governor, who sent those voluminous papers to 
me. 

Q. Did the governor send those papers to yon for siguatnre ■? — A. It 
is the only time I saw Mr. Oertly and Mr. Samo, and they came to me 
about anything. 

Q. Did the governor send them to you ? — A. I do not know whether 
he is on record. He is too smart to go on record in these things. 

Q. Did the governor send them to you f — A. I could not recollect. 

Q. If you will answer my questions you will get along a heap easier. 
— A. I cannot recollect it; it is too long back. 

Q. Do you not know that these papers were sent to you by Mi\ Wil- 
lard, with a letter of the 13th, to which yours is an answer? — A. Mr. 
Willard is entirely unacquainted with these facts 

Q. I am asking you about your knowledge, not Mr. Willard's knowl- 
edge. Did not tnese papers come to you, and that letter dated loth 
November, signed by Willard? — A. I do not think they came to me 
with that letter. 

Mr. Stewart. Have you got that letter here ? 

Mr. Mattingly. No, sir; not here Just now; it is being copied. But 
the letter is in answer to that of the 13th. 

By Mr. Mattingly. 

Q. If you will take up the Governor's Answer there, the list of con- 
tracts there on pages 337 and 338 you did not sign, I understand you to 
say ? — A. 1 am pretty sure I did not sign them. 

Q. Did you not say if your name was there it was a forgery? — A. I 
said you called it so. 

Q. And you adopted it ? [No response.] 

Q. State whether that is your signature ? [Handing witness a paper.] — 
A. It seems to be my signature. 

Q. What have you got to say about it now ; is it a forgery ? — A. I 
repeat, merely, that the system in vogue by the board of public works 
is apt to catch any one in these measurements. 

Q. That will hardly do, Mr. Cluss.— A. I will repeat that the most 
important docunu^nt in here — that which relates to money ; these, I am 
sure, I did not sign. 

Governor Shepherd. Answer as you go along, please. We have 
got plenty of them for you. Tliis paper that is now shown you has just 
been obtained from the Government rrinting-Ofitice. It was the original 
pa})er that was sent there when my answer was being printed. It will 
be found on page 338 of the printed volume. 

Q. Is that your sigiuituref — A. Yes, sir; that is my signature. 

[The following is the paper alluded to as contained on page 337 of 
the governor's answer :] 



TESTIMONY OF ADOLF CLFSS. 



21 GO 



^ 



« 2 



fe50 



i- a 



5^ 



X ;i; 



Hh 






2170 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Q. Is this your signature ? [Handing witness original of statement as it 
appears on page 3."3S.] — A.. Ttiat is my signature. [The following is the 
paper referred to on page 338 :] 



1019 
10-20 
1021 
102i 
1023 

1024 
1025 
1026 
1027 
1028 
1029 
1030 
1031 
1032 
931J 



Albert Gleasou . . 
Samuel C. Wroo . 

Canceled 

Canceled 

Joseph S. Martin . 



James T. Ferry 

Work not begun ... 
Work not begun . . . 
Jackson Pumiibry . 
Daniel A. Connolly 
Samuel C. Wroe ... 
Barker & Maxwell. 

Canceled 

Sylvanus Gleason.. 
Finegau & Nesdall . 

Total 



|4,250 00 
460 00 



293 60 



3, 000 00 
1, 008 UO 



6. 800 00 
11, 833 50 



257, 409 65 



Cancels contract 781, to which refer for 
estimated cost. 



Furnished on requisition. 

Canceled. 

Cancels contracts 532 and 931. 



Certified to. 

ADOLF CLUSS, Chief Engineer. 

The Witness. Allow me just to look at an important document that I 
referred to, the one which relates to money. [After examination.] Here 
is the important document. This is, I see, on page 4(J5. This has no 
signature at all, but I mean to say that the important statements come 
without any signature of the engineer. It is on page 405, and is entitled 
" Estimate of cost of completing contracts on which work has been done 
or is in progress." 

Mr. Bass. It does not purport to have any signature ? 

Mr. Mattingly. No, sir. 

Q. You are not charged in the Governor's Answer with that, are you ! — 

A. It does not seem so. 

Q. Is that your important matter that you spoke of just now which 
had reference to money ? — A. Yes, sir; that is one. [Witness examin- 
ing a printed volume.] 

Q. Are you looking for another? — A. I am hunting to show that the 
imi)ortant papers came either not signed by me, or signed by me with- 
out my knowledge — the important pa[)ers; those mere clerical matters, 
the list of contracts, and so on — where they are just from one to a 
thousand 

Q. Let me call your attention to another thing : You have referred to 
matters with which money is connected, and to which your signature 
ought to have been attaclied. Turn to page 410, of the Governor's 
Answer — bottom of the page — and you will hud there this letter : 

Board of Public Works, District op Columbia, 

Washington, March 14, 1873. 
Sir: We iuclose bills for work done by the board of public works of the District of 
Coluin1)i;i, in accordance with the provisions of act ai)i)roved March 2, 1873, entitled 
"An act making appropriations for sundry civil expenses of the Government ;" one for 
$1,011,22().87 and one for 1 106,533, and request that payment be made for the same to 
James A. Magruder, treasurer of the board of public works, as soon as may be practi- 
cable. 

Very respectfully, your obedient servants, 

H. D. COOKE, 
ALEX. R. SHEPHERD, 
JAMES A. MAGRUDER, 
S. P. BROWN, 
ADOLF CLUSS, 
Board of Puhlic ll'orks, District of Columbia. 
To the Skcretary of the Treasury. 



TESTIMONY OF ADOLF CLUSS. 2171 

Di<l 3011 sigu that letter I— A. That is tlie signature to which 1 liad 
reliTence in my testimony. I have stated distinctly that 1 signed 
only one i)ai)er, and that is the one to which I had reference. 

Q. That is the only paper yon signed .'—A. Yes, sir ; of any conse- 
quence. 

Q. And these other papers you signed were of no consequence, in rela- 
tion to the obtaining of money from the public treasury 'i [No re- 
sponse.) 

Q. That is the oidy one you signed ? — A. Yes, sir. 

Q. And this mass of papers that you signed and which was the basis 
of ai>propriations from the Treasury, were of no account ? — A. 1 speak 
of those upon which money was a(;tually obtained — of three and a half 
millions. Whether this was ever obtained I do not know, because it has 
never been reported how this money was obtained. Another aj)propri- 
atiou of a million and a (piarter was betore this obtained without 
the signature of the board, and all subsecpUMit ai)propriations agaiu 
were obtained without the signature of the board. This is the only 
paper of any consequence. 

i). Don't you think now that you did have some knowledge of these 
Government measurements, or had the means of ascertaining some- 
thing about them '. — A. No, sir. 

Q. You do not think so now, having seen your signature to all this 
mass of testimony f — A. You have not shown me my signature to any 
one of the measurements in a single one from tiie tirst to the last. I 
have ex[)lained to you that this matter — this volume of papers 

Mr. Mattingly. Your signature was not signed to the measure- 
ments, that is the reason. The (xoverninent would not have paid the 
moiu'y if your signature had been there. General Babcock's signature 
was the only one necessary to the measurements. 

The Witness. I have shown you, in my opinion, that the Secretary 
of tlie Interior 

.^Ir. ^lATTiNGLY. Unfortunately, your opinion would not have any 
weight in that case. 

The OiiAiKMAN. That is a matter of argument. I would not spend 
much time about that. 

By Mr. Mattingly: 

(}. Now, Mr. Oluss, your complaint of the workings of your office, on 
Avhich you .seem to lay consideral)le stress, was based upon the fact that 
]\rr. Ocrtly had been detailed to do some work without your being con- 
sulted? — A. I said that is one of the many cases. 

Q. This is the case you referred to in your testimony day before yes- 
terday ? 

The Witness. Will you allow me to detail another one? 

Mr. Mattingly. O, yes. 

The Witness. As one of the many cases you know, I have told you 
liere in W;\shington, to the best of my knowledge, you know the machi- 
nery of the whole working is gotten from Mr. William Tweed, in New 
York — the way in which tlie work is done. Now, a corresjKnidencc had 
been springing up between what 1 call the superintendent of property 
and a clerk under my charge. I tried to stoi* this. I wrote to Air. E. 
B. Townseud, the superintendent of property, as follows: 

KoAiuj or I'liiLic WoHKs, Disiitu T oi' Cor.rMiuA, 

(Jl'I'ICK Ol' Cnil'-.l' OK Hnoinkkjjs, 
Wmhlniitoti, l>. C, April •Z\), 1S74. 
Sii: : Haviiif); obsorved a cominiiiiirutioii referred liy .v<»ii to siiperintemleiit's l)rivncli 
of this otUce, I have to say tUat uuy iutbnuatiou re<iuircd I'rum this otlicu will bo yivou 



2172 • AFFAIRS IN THE DISTRICT OF COLUMBIA. 

only npnn application direct to the engineer in cbargs. No employ*? of the superin- 
tendent's room lias authority to furnish information, except to this office. 
Very resiiectfnlly, 

ADOLF CLUSS, 
Engineer in Charge. 
E. B. T0WN8ICND, Esq., 

Siiperinlendcnt Properly, B. P. W. 

Afterward there comes a book-keeper. It is too much for him to read 
that letter, and lie has to have it indorsed by a book-keeper. The 
indorsement is as follows : 

Washington, D. C, April 29, 1874. 

Adolf Cluvss, engineer in charge, authorizes superintendent property to refer for 
information to engineer in charge. No employe of superintendent's branch has 
authority to furnish information except to this office. 

Respectfully returncid to the engineer in charge, inviting attention to the fact that 
the within letter conilicts with instructions of the board, dated August 26, 1873, a copy 
of which was furnished the engineer, and suggesting that the matter be submitted to 
the board for their consideration. 

E. B. TOWNSEND, Superintendent Property. 

May 14, 1874. 

Q. You regfarded it as one of the irregular workings of the office down 
there, that they abstracted letters and indorsed the contents on the en- 
velope ? — A. I consider that every little clerk has another little clerk 
to abstract papers, so as to make the system so complicated that when- 
ever a case comes up you cannot fasten the responsibility upon any- 
body. 

Q. You cannot, it seems, fsisten responsibility ujion a man who puts 
his signature to i)apers. — A. Under the workings of the system. 

Q. Ami in your opinion it is a system of Tweedisni ? — A. It is a sys- 
ten) of William M. Tweed, which was admired all over the United States 
before his irregularities were discovered. 

Q. You, however, remained under that system from the date of your 
appointment, October, 1872, until the present time? — A. I have done 
the best I could to remedy it by talking the matter up, day by day, 
between different members of the board. 

Q. Did you ever examine the system organized by Mr. William M. 
Tweed ? — A. 1 knew the blanks were imported from New York. 

Q. What blanks 1 Specify the blanks. — A. The blanks for vouchers 
and all those things. 

Q. Suppose you were told that th'^re was not a single blank for a 
voucher imported from New York, and you were satisfied that such was 
the fact, would not you think you were swearing a little hotly and has- 
tily ? Would not you think you were allowing your vindictiveness to 
run away with your judgment to some extent? — A. I do not know; 
perha,|)s I ought not to be so much in detail. I mean the whole machin- 
ery — blanks and so on. 

Q. Now, what blanks ? You are uudertakiug to testify here to facts. — 
A. Well, when I was ins])ector of buildings, when I consented to take 
the office under the boar<l, 1 was reciuested to make a law for buildings 
in the District, and I did it according to the exigencies of the case. 
They at once imported a building law from New York, and wanted me 
to copy it. I didn't think it was the right thing for Washingtou, so I 
amended it. It was one of those cases where 

Q. Wat^ that building law of New York one of Tweed's laws? — No, 
sir; it was an act of the legislature. 

Q. You improved upon it? — A. Yes, sir; of course. 

Q. And your improvement of the system was adopted here? — A. Well, 
it was a modified system ; it was not improved. 



TESTIMONY OF ADOLF CLUSS. 2173 

Q. As modified by you, it was adopted ! — A. Yes, sir. 

Q. That is in answer to one case, or illustration of Tweedlsni : now 
give us another. — A. I have read in the investijiation of 18713, that Mr. 
yhei)herd, to the best of my knowledge, was asked about William M. 
Tweed, and afterward this very fact (uime out that they were in New 
York — esi)e('ially visited there for the jnirpose of learning from their 
organization. 

(}. From that source of information — from what you read thei'e, you 
infi'rred their whole system was imported from New York, and all tlieir 
blanks and torms adopted here. Is that it ? 

The Witness. The machinery? 

Mr. Matti.nctLY. Yes. — A. Yes. 

Q. That is the source of your knowledge from which you are testifying 
here ? — A. And from my acquaintance with the whole system. 

Q. Are you accinainted with the Tweed system in New York? — A. 
Yes, sir; acquainted to sonje extent. I have some acquaintances em- 
X)lo.\ed in that 

Q. And you recognize the system here? — A. Yes, sir. 

Q. And have acted under it ? — A. Yes, sir. 

Q. Now, Avill you please tell us what Tweedism, in your oi)inion, 
means — in your testimony here? — A. A very complicated system of keep- 
ing accounts. For instance, making the suptsrintendent of property an 
independent office, you know, and then having the contract bureau. 
Instead of having it united they distribute it, so that nobody but the 
one, like ;he Jesuits in Rome, can control anything. 

Q. That is what you call the complication ? — A. Yes, sir ; that is 
what 1 call complication. 

Q. That is what you call Tweedism ? — A. Yes sir. There was a com- 
mon error all over the United States that this complicated system was 
l^erfect. 

Q. You think the engineer in charge ought to have had control of all of 
these things? — A. No, sir, not exactly. Of course, I think the engineer 
in charge ought to have charge of the contracts, instead of having ii 
bureau for it; there is not the least doubt about it. 1 think it wrong, 
for instance, if a i)roperty-clerk buys the material and pays two prices 
for it, on account of his not being acquainted with the material. 1 think 
the engineers know more of the prices — of the value of the material 
than the clerk does. 

Q. You think the engineer would know more about the prices of ma- 
terial than any property-clerk ? — A. Yes, sir. 

3Ir. Mattingly. That would depend very nuich upon who was the 
engineer and who was the property-clerk, wouldn't it ? — [No response.] 

Q. 1 will read you from the investigation of 1872 what was said there 
about Mr. Shejdierd's connection with Mr. Tweed, which is the source 
of all your knowledge from which you are testifying here. 

Q. Yoii stated till} other day that you had never seen Mr. Tw.ecd ? — A. I did. 

<}. Will you look at that paper and see if it n.-tVe.shesyoui memory ? [The i»aper ex- 
amined by the witness.] 

"FKimLARV 21, 1872. 

" M\ Di.AK Sill : Since I wroti; you this morninj; I have hiMMi intormed tliat Mr. Shep- 
lierddid once call on nn;, in company with a commitlct^, and that I directed the (duet 
clerk of" the de|iartment of pnldic works, of which I was then commissioinM', to show 
him tlje workinjijs of the department and its forms, which he did. The mattur had es- 
caped my recollection, and 1 have not now the slijj;htest rcc(dlec)ion of it, but presunio 
it is so. I write this that you may know exactly my relation with Mr. 8. 
" Yours, Ac, 

"\v. M. t\vi:i:d. 

"liKN.F. Grkkx, Es(i." 



2174 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

A. I don't SCO that it refreshes my recollection any. I said all that I had to say on 
the second exaniinatioD, viz, that a friend of mine took me as I was passing np Broad- 
xvay, to the eui^iueer's office, and showed me the forms, some of whicli were given me. 
I never saw Tweed ; never was introduced to liiiii ; never asked to be introduced to 
him. If I had I should have no hesitation in saying so. 

By Mr. Chandler : 
Q. Did you have any correspondence with him f — A. Never. 
(Page 423.) 

]^ow, that is all the testimony relating to the connection between 
Mr. Shepherd and Mr. Tweed, and npon that ,you base your broad as- 
sertion that this system on which this District government has been 
carried on is a system of Tweedism ? — A. It is this complicated system, 
I mean to say. 

Q. Y^on understand what is ordinarily meant by Tweedism at this 
time, do you not ? — A. I can say at one time, when Mr. Shepherd went 
to New York, because it was so very complicated, it was believed that 
it was perfect. 1 do not refer to it in any odious way. I mean to say 
when Mr. Shepherd went to Xew York, all over the IJnited States this 
system, so fraught with mischief, was admired because it was compli- 
cated. 

Q. Tasked you just now if you did not understand what is usually 
meant at this time by Tweedism "? 

[Witness pausing.] 

Q. Do you or do you not? — A. I say — of course you know I did not 
say Tweedism. I tliink the record will show that I said the system 
which had been introduced by Mr. William M. Tweed in New York. 

Q. Do you or do you not know what is now generally understood as the 
system of William M. Tweed f What would you suppose anybody here in 
this courtroom would infer from your statement that this system was or- 
ganized on the basis of the system of William M. Tweed, or was copied 
after that system '? — A. I stated in many matters. I spoke of the ma- 
chinery — doing the business. 

Q. Very well; the machinery- — doing the business. What woidd you 
infer the audience in this room would infer from that statement ? — A. I 
do not know what the audience would infer. I would say again, what 
I complain of is the great complication. 

Q. 1 understand that. — A. 1 have qualified my assertion. 

Q. It is a very plain question, it seems to me, and I think you can 
answer it, and I do not much care how you answer it, only I want an 
answer. Do you or not know what is at this time generally understood 
by a system organized or coj^ied after the system of William M. Tweed "? 
— A. Qualified as I have it, whoever can, or wants to understand, will 
find that the conjplaint is of this great complication, where you cannot 
fasten the resi)onsibility upon anybody. 

Q. It was not qualified at the time you made the statement? — A. I 
think I did qualify it. 

Mr. MattinCtLY. O, no. I will put this question to you : Do you 
mean to say that this system was organized heiiC, or copied after the sys- 
tem adopted by Tweed in New York, for purposes of corruption and 
fraud"? — A. No, sir; I did not mean anything like that. 

Q. Do you know of fraud or corruption on the part of the board of 
public works? — A. I know of gross neglect; I have never said that 
there was any fraud. 

Q. Do you know of any corruption or fraud on the part of the board 
of public works of the District ? — A. No, sir : I do not. Certainly not. 

Q. Do you know of any cases of grosser neglect than certifying to 



TESTIMONY OF ADOLF CLUSS. 2175 

voiieliers, as yon have, without knowing; of their contents, or as you say 
you have? — A. I have reported to you how 1 signed tliose voucliers. 

Q. 1 aiu not asking' you about tliat. J am askings you whether you 
know of any ease of grosser neglect tlian that, by any other nieuiber of 
the board of public works ? 

[Witness ])ausing-. Atter a brief pause witness says:] 

A. I do not admit this was any neglect in any sha[ie or forni.^ Of 
course, the matter was done so otf-hand that indeed I was only aware 
that 1 had to sign those \onchers which had come from our ofllce — but 
indeed it was more than I thought 

Q. It was your duty, as head of the de])artment, to sign them, was it 
not, and very proper for you to do so? — A. AVell, if the work had been 
done in our department, I could very well have signed those vouchers; 
but, as it was, everybody will see it was absolutely imi)ossible to know 
what it was. It was brought, you know, by these assistants. 

Q. Do you know of any case of grosser neglect than that f If so, de- 
tail the fact. — A. It was certainly grosser neglect to ask me to do 
those things. 

Q. You think it was grosser neglect for anybody to ask you to do 
those things than for you to do them? — A. Certainly. 

Q. And that is your instance of grosser neglect? — A. I signed those 
pa])ers brought to me by the assistant. 

(^>. Who asked you to sign those i)apers? — A. Of course everybody 
knows that it is indirectly the governor. 

Q. Who, it anybody else, asked you to sign them ? It must have been 
somebody directly. Xow, who asked you directly to sign these papers ? 

[Witness pausing.] 

Q. Did they not come to you as tlie head of the engineering depart- 
ment in the ordinary course of business of the board of public works? 
— A. No, not in the ordinary course of business, because the onlinary 
course of business was to keep the Government measurement concealed 
from us. 

(}. The ordinary course of business was to keep the Government 
measurements concealed from you ? — A. Yes, sir. I did not know any- 
thing at all about them. 

(}. It was not concealed from you when they were submitted to you 
by tlie pile which was exhibited to you a little while ago and signed 
by you, was it ? — A. The Government m<'asurement on which money 
was obtaiued I had no knowledge of, until I saw it iu the governor's 
answer. 

Q. I have already shown you where your name w^as signed for up- 
ward of a million of dollars ? — A. I have testitied the first day — this is 
a case. 

Q. Now, you return to that constantly, that the nu\nsurements of Gov- 
ernment proiierty were concealed from you because the measurenuMits 
upon which the money was obtained were not signe<l by you. Is that 
it '. — A. No, sir; because I did not know at all what I was doing. 

Q. Were not measurements on which the mon<'y was obtained meas- 
urements made by GeiuMal I>al»cock, with which your office had noth- 
ing to do ? — A. I have made statements already in regard to that. 

(}. Do you know ot any other cases of grosser neglect on the part of 
the members of the board than tlu' signing of these estimates tor the 
measurements of (jovernuuMit work, without knowing what was iu 
them ? 

[Witness i)auses.J 

Q. Any other cases of grosser neglect than that ? — A. Certainly. 



21 7G AFFAIRS IN THE DISTRICT OF COLUMBIA. 

me^; ^r^^^r-^- ' ^^^^ «^^^^^^ ^^^ -- -^ed fVom me as a 

gaunn^ .noi^ conscience m Congress, „,.y signature was askir ^ 

ii. li.en tbe assistant brouglit yon tbesB papers on the Ilith of TsTo 
vember. You kept them for eight days, and returned tlenf .^.rh 
^iltf^'T •'' •^^^'- , ^"'^ now you come here and s.i^y yrriS't tm 

repeaUHlly-tbey were brought to nle in order to Im vel p^,er ^h^ 

Q. W as It not proper they should be brought to you ? 1 1 ive u der 
stood your complaints all along were that you knew nhino about ht 
Government property ; that you were not consulted about ft that vou 
had no opportunity t^ inspect the measurements.-A. T la i^ so ^ 



.....«..., ^.u. v^uuipiLimt was you were not consulted. ^nTow it aooears 

vn wh^!,"^"?^^"^^- ^T ''''y ^'^^'^^ 1^'^1>«^'« ^ei-e brought to \4i^ I ask 
lu V^T^f'' '^ T? "^^ ^^^ l^^"°i^^'^' ^^"^l ^«rrect thing that these naDers 

«>icu SI nea Oy you :— A. Yes, sir; they ought to have been siono,i hv 

n wi'' ^'rT "^'^^^^^^en you signed theiu ?_A. Yes, sir: I did 
th?g<^ '^ci' '''' "^" ^^^"^ •-^- ^^— -t «i- accommodatu to 

Oi£i? cc;lZsr" '' ^^^*^^^-— ^^«^^^ you to sign them?-A. 

an^mfwer' Jpf "^ nn"" "^"""f '''" '^?^"' *^ •^*'^^- ^ ^^^^ "^^ been able to get 
I do m^t dmU if^^ I?'' ^""^'^ f '"^'' °'^"^; -^'^'^-^^^^ "•^gl^^t than that ?_ 

>? m, "^ ^* '^ ^"-^ ^a^® o* 8''^s« neglect at all. 

(2. ihat IS your answer I — A. Y^'es, sir. 

Q. Do you mean to be understood'as saying that the enoineer's offiop 
IS m,t a subordinate office to the board ot public mSs^'^^ 
engineer's ofece is of course, a branch of the board of ublic works 
is ?part"ot V '''^'''^'''^'' "^^'^ '^ '^^ ^^'^'-^ of public wK:^!! It 

Q. Is it any more a part of it than the auditor's office or the suner 

Q. You have alluded, tliroughoat your testiuiouv to tlie f L.t ti,-,t n,^ 
vce-presideat of the board detailed' Mr. OertTrt^'uTel^re woA do'e 



TESTIMONY OF ADOLF CLUSS. 2177 

by John O. Evans and Albert Gleason. Is that so?— A. T believe I 
have answered tlie (inestion. 

Q. Yon have alhnh'd to tliat thronyhont vonr testinionv on dav before 
yesterday?— A. 1 believe so. 

Q. AA'as Mr. Oertly detailed by the vice-president to make any other 
nieasnreinents of work done by these gentlemen than such as related to 
the Washington canal!— A. Yes, sir;"to the best of my knowledge. 

Q. What? — A. I have here three vonchers, aggregating $374,730- I 
fonnd the last one of them on the book, B. Oertly, depntv engineer. 
Bnt I find from the annnal report that, against my instrnctions. tlie au- 
ditor passed these bills without my signature, and the treasurer of course 
paid the mouey on them. 

Q. Is that an answer to my question ? — A. Yes, sir; these contain 
other work than the canal. 

Q. I mean, by the canal, the canal and the streets having immediate 
connectmn with the tilling of the canal.— A. This is Farragut Sipiare 
vScott's statue, flagging complete; J*-street circle, Seventeenth street' 
from Xew Ycu-k avenue to B street— it is all the work of Mr. Evans' 
and I wish to be allowed to say ' 

Q. Do .\ou mean to say that^AIr. Oertly was detailed by the vice-pres- 
ident of the board to make those measnrements ?- A. I asked him about 
it Avhen I found the list 

Q. Just answer my question. Do you mean to state here, under oath 
that Mr. Oertly was detailed by the vice-president of the board of pub- 
lic works to make these measurements to which you have alluded .' A. 

He so informed me. 

Q. Yon swear to that?— A. When I reprimanded him for it 

Q. Swear to that ?— A. When I reprimanded him for it, he told me 
he could not be blamed; that he did it under orders of the government. 
In one case, I believe, and I think in all cases. However. Mr. ,AIat- 
tingly, that was one of the mixed-up measurements, that I did not know 
exactly how it was. 

Q. Massachusetts avenue and P-street circle?— A. Mainly all Govern- 
ment work. It refers to work, as I say, in the aggregate 8374.7;j(>.78. 

Q. You had nothing to do with that work ?— a'. Xo, sir. 

Q. Nothing with the measurement of it ?— A. It was done 

Q. What did you have to do with it?— A. To make out the final 
vouchers afterward ; but this voucher here which was passed in this ir- 
regular way I mean to say— I do not mean to say there was any fraud 
in it. It was most likely more for the purpose of getting hold of money 
very fast, you know, and having the i)artial estimate. I mean to say- 
that I had afterward, in order to have this thing correct, to make a 
final voncher for this, and these final vouchers were mainly coiiies of 
these^ luM-e. That is, in fact, how I found out. 

(^. The final vouchers which you say you ma(h> were coi)ies of the i)ar- 
tial vouchers ? — A. Yes, sir. 

(}. Is that your way of doing business .'—A. 1 had Mr. Barney to go 
over it; and after Mr. Barney liad jneasured it, and I had looked'at it— 
ot course that is the way of doing business. 

Q. State whether that is signed by you.— xV. Under me the voueiier 
of 

Q. Just answer me that question, whether this is your signal inv.— 
A. This is the final vouclier I had reference to. signed bv Mi. Harnev 
and myself. 

Q. Final voucher of what?— A. Of Farragut Scpiare- wori; done by 
J. O. Evans. 

137 D c T 



2178 AFFAIES IN THE DISTEICT OF COLUMBIA. 

Q. That includes all tbe partial estimates? — A. Yes, sir. lu justice 
to myself, I would request the voucher of September 1, 1873, for Jobu 
O. Evaus, to be brought in, and then I can explain. 

Mr. Mattingly. Any one you desire. [The following is the voucher 
referred to relating to Farragut Square:] 

ravements for sldcwaVis and carriage-ways. 

WaHhbnjton, D. C, Sejjtemher 30, 1873. 
Board of Public Works, D. C, to Jobn O. Evans, Dr., 
13,739 square feet of flagging for crossing laid, at — cents per foot :ii8,243 40 

I hereby certify that I have measured and inspected the work done by John O. Evans 

on the improvement of Farragut Square, (betvpeen — aud — streets,) in squares , 

embraced in the foregoing account, which work was done under the order of the board 
of public works, (contract No. — ,) aud find it correct as to quantity and quality, and 
that the work has been done aud material and labor furnished as per contract and 
specifications. 

CHAS. E. BARNEY, 

Assistant li^nf/ineer. 
Dated September 30, 1873. 

Approved Sei)tember 30, 187.3. 

ADOLF CLUSS, 
Engineer B. P. TV., in Charge. 

I certify that the foregoing bill is correct in form, and that the j)rices are according 
to contract, aud is therefore audited in the sum of 



Aiidifm' B. P. W. 
Dated , 187—. 

[Indorsed : 9860. B. P. W., vol 4, 1873. Cert. No. 4599. Account 1338, B. P. W., yoI. 
— ,1874. Pavements for sidewalks and carriage-ways. Sept. 30, 1873. John O. Evans's 

bill, for work done on Farragut Square, (bet. — and — sts.) $ . Final measurement. 

EespV forw'd to B. P. W. for transmittal to auditor. Adolf Cluss, Eng'r in charge. Oct. 
4, '73. Respectfully referred to the auditor. Edward Johnson, asst. secretary, 10, 6, '73.] 

Q. Is this signed by you ? [handing witness John O. Evans's bill for 
work done on P-street circle.] — A. That is what 1 have stated — the 
final vouchers I have signed. 

Q. Are these final vouchers false ? — A. jS^o, sir. 

Q. Are they correct? — A. To the best of my information and belief. 

Q. And they include the partial vouchers, do they not % 

The Chairman. The final voucher of the P-street circle is signed by 
Mr. Barney and Mr. Cluss. 

Mr. Mattingly. Yes, sir. 

The Witness. Since the chairman has asked the question, I will ex- 
plain the working of our oftice. Mr. Oertly having been detailed to 
measure the work of Mr. Evans, Mr. Oertly measured it, and in this 
case again Mr. Barney, as a courtesy to an assistant in the oflice, who is 
equal Avithhim, signed the voucher and the measurement of Mr. Oertly. 
The measurement is Mr. Oertley's. I can show you at once it is copied 
from the partial voucher, which I will have brought in. 

By Mr. Mattingly : 

Q. Wasn't it your duty, when you were making out a final voucher, to 
be signed by yourself and Mr. Barney, to see that the proper amount 
of work alone was allowed, and pro])er rates allowed for it— to see that 
it was correct? — A. Certainly. 

Q. Did you do that ? — A. I have explained that before. I have not 
understood it. There are a great number of vouchers that I have to 



♦ TESTIMONY OF ADOLF CLUSS. 2179 

sign. I generally go over them. I wouUl see that they were generally 
correct. 

Q. Here is a bill of John O. Evans for the triangular reservation west 
of the Pstreet circle — upward of $10,(M)() — signed by Adolph Cluss and 
Mr. Barney. — A. That is signed by Mr. Barney and myself. It is a final 
voucher. This is measured I)^' Mr. Oertly, and, therefore, as far as ac- 
curacy is concerned, a sample now. 

[The following is the voucher for P-street circle :] 

Pavements for sidewalks and carriage-ways. 

Wasiungton, 1). C, September 30, 1873. 
Board of Public Works, D. C, to John 0. Evans, Dr. 
17,490 square feet of flagging for crossiugs laiil, at 00 ceuts per foot $10,494 00 

I hereby certifj' that I have Tueasured and iii.si)ected the work done by John O. 

Evans ou the improvement of P-street circle, (between and streets,) in 

scpiares , embraced in the foregoing account, which work was done under the 

order of the board of public works, (contract No. ,) and find it correct as to 

quantity aiul (|uality, and that the work has been done and material and labor fur- 
nished as per contract and specifications. 

CHAS. E. BARNEY, 

• i ssistu )i t Eiigi neer. 
Dated Sept. 30, 1H73. 
Approved Sept. 30, 1873. 

ADOLF CLUSS, 
Engineer B. P. IF., in charge. 

I certify that the foregoing bill is correct in form, and that the prices are ac cording 
to contract, and is therefore audited in the sum of . 



Auditor, B. P. TV. 
Dated , 1874. 

[Indorsed : Cert. No. — . Account 1340, B. P. \V., vol. — , 1874. Pavements for side- 
walks and carriage-ways. Sept. 30, 1873. Juo. O. Evans's bill for work done on P-street 
circle, (bet. and sts.) § . Final measurement. Vou. 4599, '73.] 

By Judge Black : 

Q. Was it correct ! — A. O, yes. 

Q. Is that true ? — A. O, yes; I have stated so upon the outset. 

]\Ir. Mattingly. He has said that everything signed by Mr. Barnej' 
and himself is correct. 

Q. Here is another triangular reservation west of P-street circle — final 
measurement. Is that signed l)y Mr. Barney and yourself .' — A. Yes, sir. 
This is a copy of the other. Tiiese figures are inserted in the auditor's 
office. Now it is very clear I sent two vouchers down — one of them foots 
up 811,<H)0, and the other 815,(K)(). That will need explanation. [After 
examining two vouchers.] There, I have got them now. [Laughter.] 
Here, the first time I saw this voucher, [referring to uiutudited voucher 
of. John O. Evans for Mount Vernon S(puire,] it was 81. Ul a scpmre foot 
of flagging = -3,700 s<|uare yards. Here was a vou(dier, [referring to 
audited voucher,] nmde out at 00 cents, which makes .8l2,-J.")(5. Here, in 
the second voucher, 84,700 is taken out, and then afterward — well, 
you see that is one of the objections to the bills being left at the 
engineer's office in blank. Instead of the auditor auditing, ho made 
the bills. Here is one of the in* gularities. 

The CiiATi{:\rAN. Please explain the; voiu'hers. 

[The witness proceeds to do so to the chairmaM.] 

The CnAiUMAN, jatter listening to the explanation of the witness.] 



2180 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

There are two items there 5 one item is at $1.25, which was reduced bj 
somebody to GO cents. 

The Witness. No, 60 cents first, aud then afterward increased to 
$1.25. 

Mr. Morris, (clerk.) No, it was just the reverse of that. 

The Chairman. It was made out at $1.25 and reduced to GO cents, 
another item of the same time ; aud the tiual voucher that went to the 
auditor is the reduced voucher. 

Mr. Morris, (clerk.) I ask leave of the committee to make a state- 
ment right here. 

The Chairman. Certainly. 

Mr. Morris. I wish to say that the 1,297 feet of granite curb in this 
bill that Mr. Cluss refers to was put in at $1.42, that including the price 
of the curb; but it being ascertained that the curb belonged to the 
board, the contractor was consequently not entitled to receive pay for 
it, and therefore was allowed, when the account was audited, only 30 
cents, the price of setting. It made a difterence of $1.12 a foot on 1,297 
feet of curb. 

By the Chairman : 

Q. (To the witness.) Turn to that voucher, aud you will find your 
signature is on the back and on the face of it. — A. It always left my 
office in blank, I have explained to the committee that all this money 
on these vouchers was inserted in the auditor's office. 

Q. You state that the amounts in money are affixed to these vouchers 
after they left your office ? — A. Yes, sir ; invariably. 

Q. Prices "? — A. Yes, sir. 

Q. Therefore the verification of your office is simply a verification of 
measurements and quantities? — A. Yes, sir. 

Q. I understood you to say, a moment ago, that you objected to that 
method "I — A. Yes, sir. 

Q. You thought the engineer's office ought to also have some verifica- 
tion as to the amounts paid?— A. Yes, sir. Since the 1st of January 1 
have succeeded in having a change made in this respect. I now 
especially certify that I have measured and inspected the work, and 
that such work was done up under the order of the board of public works 
under contract — No. 70993 tor instance — and that I find it correct as to 
quantity and quality; that the work has been done, aud the material 
and labor furnished, as per contract and specifications. 

Q. That is your certificate ?— A. Yes, sir. 

Q. As to quantity and quality ?— A. Yes, sir. The paper is then sent 
to the auditor afterward, who certifies to the price in addition to what 
the engineer has done before. 

By Mr. Stanton : 

Q. State where the rates were taken from when they were stated in 
the auditing of the account ? 

Mr. Mattingly. They were taken from the contract, of course. 

The Witness. The contract does not mention the rates generally. 

Mr. Mattingly. Doesn't it ? Inmost cases it is the board prices, 
and then in some cases afterward the contract states the price — the 
board prices. 

Q, You think the prices ought to be fixed in your office, where the 
quantity and quality is fixed ? — A. Yes, sir. 

Q. And not in the auditor's office ?— A. Yes, sir ; the auditor after- 
ward should look over it to see if it is correct. 

Qc Does he fix the rates, or takes those established by the board in some 



TESTIMONY OF ADOLF CLUSS. 2181 

cases, and in other cases tbe rates fixed by the contract where tlie special 
rate is fixed by contract? — A. Yes, sir ; this is just the conii)licated 
business that I am complaining- of, and it recpiires, in my opinion, the 
cooperation of the en^ijineer, and cannot be done by mere ch'rks. 

Q. State whether the auditor undertakes to estabbsh the rates, or 
merely takes the rates fixed by contracts when it is so established by 
contract, and in other cases the rates fixed by the board ? — A. It seems 
he frequently establishes the prices, for I find in the testimony of the 
board here that when the price of 84 cents a square yard of tlagging 
was established, they underlook to pay 90 cents, because he thought 
the eniiineer had forgotten something. I do not think he had a right to 
think so. 

By "Mr. Mattingly : 

Q. In that very case had not you given the details which made up 
that 84 cents, and did it calculate anything for haul '': — A. If there is 
tlagging 

Q. Just answer my question. I do not want yon to go into details about 
llagging, just now; you have alluded to that. I just want you to an- 
swer that (luestion, whether you did not fix that price of 84 cents '. — A. 
There was haul in it. 

Q. You say now that the haul was included in that 84 cents '? — A. For 
sure, 

Q. All right. — A. Most jiositively ; because 50 cents includes the 
])rice of haul from New York to Washington, and from the wharf to the 

place 

By Mr. Black : 

Q. Were the contracts made by Mr. Evans paid according to the work 
actually done ? — Yes, sir. 

Q. There was no false measurement for him '? — A. Xo, sir; not to the 
best of my knowledge. 

Q. Those measurements were made by j'onr assistants ? — A. Y^es, sir. 

Q. They were properly and accnrately made, as far as you know '? — 
A. Yes, sir ; so far as I know. 

Q. And you certified them to be i)roperly and accurately made ! — A. 
Y^es, sir. 

Q. The certificates that you made in those cases were not negligently 
made ? — A. No, sir. 

Q. You did not merely close your eyes and sign them at somebody's 
request, without knowing whether they were true or false ! You made 
the proper investigation before you signed them ? — A. Certainly ; yes, 
sir; for sure. Wherever I have regular i)usiness I do that always. 

Q. The work was paid for at fair and jtroper prices, was it not, al- 
ways ? — A. I would not say so. The i)rices were excessive. 

Q. His work was j)aid for at proper prices ? — A. I say some of the 
prices were excessive. 

Q. How did they come to be ]taid excessively; l»y blunder ? — A. I do 
not know. 

Q. By a Inlander or a fraud ? — A. I do not know. 

Q. Y'ou do not know? — A. One dollar and tw(mty-five cents jirr s<|uare 
foot for flagging is more than I ever gave before, you know, and this is 
one of the vouchers which you have just shown me upon Mount Vernon 
square. 

Q. IIow were the prices established lor tliat sfpnuc .' — A. 1 rccjuest 
the counsel for the District to show you. I do not know, 

Q. I am not counsel for the District, but 1 will show you how, never- 
beless. 



2182 AFFAIRS IN THE DISTRICT OF COLUMBIA, 

Mr. Black. Mr. Evans addressed a letter on the 14tb of May, 1873, 
to the board, requesting- that the price be established. Mr. Adoif Cluss 
answers that, when the subject is referred to him, by fixing the price. 

Mr. Wilson. Please give me the date of that. 

Mr. Black. Certainly, sir. May 14, 3873. 

The Witness. That don-t touch the i>oint. 

Mr. Black. 84 cents. You will find it on page 1856. You say there^ 
" I estimate it a fair cost." And then you give the items, amounting in 
the whole to 84 cents. 

The Witness. I have explained before that this was one of the cases, 
I requested that this voucher be brought here. This price is in Mr. 
Oertly's handwriting. Mr. Oerth' fixed that price. 

Q. And then you did not sign this ? — A. Yes, I did sign it ; and I told 
the committee the other day that this is in fact, in my every-day busi- 
ness the only point where I know, where I have, jjerhaps, not done my 
full duty in looking close enough. But this don't cover the case. I 
have asked for the order in which $1.25 was established per square foot 
for flagging. Y^ou spoke of 84 cents, and spoke of $1.25. 

Q. Was not this the price that Mr. Evans got — 84 cents ? — A. Will 
the counsel be kind enough to show me the voucher for Mount Vernon 
square. It is $1.25, I believe. 

Q. Look at this; [handing witness paper;] read that letter. Witness 
read aloud as follows : 

New York, JpriJ 28, 1873. 

Gentlemen : We have a lot of selected blnestone flagging, say about twenty to twenty- 
five thousand feet, from 2^ to 4 inch thick even four feet lengths and from 2j^ feet to 
4 feet wide, phmed to an even surface, such as is used here for first-class work. 

We will deliver the same to you on wharf, Washington, D. C, at seventy-five cents 
per square foot. Delivery to be complete withiu thirty days. Awaiting your reply. 
We are, gentlemen, very respectfully, your obedient servants, 

VAN BRUNT & BROTHER. 

Hon. BoAKD OF Public Wokks, 

Washington, D. C. 

Q. Now please read the indorsement f 
[Witness reads the indorsement, as follows :] 

[Indorsement.] 

Board of Public Works, Dlstrict of Columbia, 

WashhH/ton, April 30, 1873. 
Respectfully referred to the engineer in charge for report. This will be necessary for 
the P-street circle, if the price is a proper one. 
Bv order of the board : 

EDWARD JOHNSON. 

Chief Cleric. 

Q. Now read the order to Van Brunt & Brother, based on that? [Wit- 
ness read as follows :| 

Board of Public Works, District of Columbia, 

Washington, May 6, 1873. 
Gentlemen : You are hereby requested to ship to this board from twenty to twenty- 
five thousand feet of blnestone flagging, from 2^ to 4 inches thick, even 4 feet 
lengths, and from 2/^- to 4 feet wide, and to be delivei'ed at the wharf in this city with- 
in thirty days, at seventy-five cents per square foot. 
By order of the board : 

EDWARD JOHNSON, 

Chief Cleric. 
Messrs. Van Brunt & Bro., 

75 South St., Xew Torlc. 

True copy ; 

CHAS. S. JOHNSON, 

Secretary. 



TESTIMONY OF ADOLF CLUSS. 2183 

Q. Look at the iiulorsemeiit on the lower part of that paper, and 
read it. 

[Witness read as follows:] 

The P-street circle is completed; otliorwiso the price is reasonable ; if quality is as 
represeuted, it will cost us oiilv about 15 cents addition per linear foot for jointini^. 

ADOLF CLl'SS. 

Q. Is that in Mr. Oertly's handwritin.s: or yours ? — A. That is in mine. 

Q. Is the si.onatnre yours ? — A. Yes, sir. 

Q. IIow much does that make a foot l — A. This refers to extra thick 
flaggini;-, and this makes it 75 cents, and then afterward 1.5 cents, which 
makes it up to 90. 

By Governor Shepherd : 
Q. Add your price here — 34 cents fixed by you upon this date. 
Doesn't it make it 81.24 ? — A. I wish to see the detail. Xo, it don't 
make 81.24. 

By :\[r. INIATTIXGLY : 
Q. Ninety cents and 34 cents don't make 81.24 ? — A There is 34 cents ; 
taking out tlie wnid is cents, jointing is 10 cents — IG cents — is included 
in this 34 cents, and, therefore 

By Mr. Black : 

Q. NoAY, if the prices paid to Mr. Evans were too high, that was a 
wrong against the public, was it not? — A. I think it "^'as. 

Q. If the public was wronged by the payment of those prices to him, 
who i)ermitted the wrong? — A. The party who awarded the 81.25. 

Q. Who awarded him ; the party who fixed the pri(;es, was it not ? 
The ofiicer who fixed the prices must have been the person that did the 
wrong against the public, if he fixed them too high l — A. The officer 
who fixed the 81.25; audi claim that these figures here do not add 
up $1.25; and I claim further that this is extra-thick flagging; from 3.J 
to 4 inches thick ; while this flagging was mainly common, thin flagging 
and not flagging of extra thickness. 

Q. Do you mean to say you are not responsible for the adjustment of 
these prices ? — A. For the 81.25 I am not responsible. It is more than 
I have allowed, 3"0u know. 

Q. How much more ? — A. Will you allow me to figure this up. That is 
jilain flagging; that is machine-work flagging, so it is not in the circles; 
this flagging in front of the Patent-Olfii;e and the Post-Otfice. Now, I 
say if this price of 34 cents which I have asked for the original voucher 
for — in these prices, is taking out wind. 
By Mr. Stanton : 

Q. Is there any ditterence in the thickness ? — A. Yes, sir ; this is extra- 
thick flagging. 

Q. What is the expression there— from 2S to 4 inches ? — A. Yes, sir. 

(^. Winit was the thickness of Mr. Evans's [lagging ? — A. His contract 
calls for two inches thick, so far as 1 remember; not less than two 
inches thick. 

By Mr. Black : 

Q. The trouble is here: if you ai)proved all these prices before the 
work was done, and afterward approved tiu' bill for doing thcni at 
those prices, how do you account f<n- it unless tliey were really rigiit ? — 
A. Seventy-live cents is the pric«^ for extra thickness and plain llagging 
here. It is not for the common flagging. 

Q. Did you not a])prove of the ciiarge of 81.21 for Mie woik .'— A. 
No, sir. 



2184 AFFAIRS IN THE DISTRICT UF COLUMBIA. 

Q. You never did ? — A. Well, I caimot figure it up that way. 

Q. One dollar and twenty-four cents; didn't you approve of that as the 
total price for doing that work? — A. No, sir; I did not. 

Q. You never did ? — A. No, sir. 

Q, Is this your handwriting 1? Is not that an approval of that price ? — 
A. This is again one of the bills that left nw office in blank. 

Q. Then you mean to say that paper is a fraudident paper, and that 
your name was got to it without your knowing it ! — A. I believe the 
comu)ittee understand what I have said, that this name was here before 
those prices were inserted. 

Mr. Wilson. Mr. Black, if you will look at the certificate you will 
see the engineer only certifies to quality and quantity, not to prices. 
He has explained that to the committee several times, and it has been 
explained by Mr. Barney and the other engineer also. There seems to 
be no controversy about it. Those are put in by another officer. 

Governor Shepherd. He fixes the price, though, in that letter. 

Mr, Wilson. That is another matter. I am not talking about that. 

Governor Shepherd. In that letter upon which the contract is let, 
and then the voucher is audited upon that contract. 

The Witness. I do not admit it. 

Governor Shepherd. No, it seems you do not admit anything that 
is proper to be admitted. 

The Witness. Here is the price that is put down. 

The Chairman. What particular fl^aggiug is now under consideration I 

Governor Shepherd. The better quality of flagging. There are only 
two qualities laid. 

The Chairman. Do I understand you, Mr. Cluss, to state that the 
quality of flagging mentioned in the letter which has your indorsement 
upon it if put down is not worth $1.24 ? Do I understand you to say 
that quality is not worth $1.24 ? 

The Witness. This quality which has been actually put down you 
mean ? 

Mr. Wilson. He is speaking of the quality you speak of in your 
letter. 

Governor Shepherd. He approves the quality in this voucher — the 
quantity and quality. 

The Chairman. I waut to understand whether you now say that the 
quality of flagging mentioned in that letter is worth $1.24, or not"? — 
A. No, sir; it is not worth $1.24; this quality in the — the stock is 
worth 75 cents. Now, take even those high rates which I have ex- 
plained, and Mr. Oertly got me into. There is grading 3 cents ; thea 
jointing 10 cents; then, again, taking out of wind, G cents; then again, 
furnishing sand and laying and grouting, 15 cents. That makes $1.09, 
and not $1.24. The established price for this best kind of flagging 
would foot up, according to the document which counsel have brought 
here, to 75 cents, plus 3, plus 10, plus G, plus 15 cents. 

Q. Then you include in these small items the 15-cent item which you 
have alluded to in the indorsement on that letter? — A. Yes, sir; of 
course. 

Mr. Christy. I desire to ask this question in this connection, as to 
the quality of flagging, in fact, laid at Mount Vernon Square ? 

The Chairman. That is another question. 

Governor Shepherd. Here is the voucher showing it to have been 
the best quality. 

The Chairman. I want to know whether at Mr. Class's estimate of 
the quality he, himself, indorsed ; he says 109 ? 



TESTIMONY OF ADOLF CLUSS. 2185 

The Witness. Even putting it at all those high rates, and it will 
only foot up to 109. 

Governor iSiiErHERD. Will you allow nie to ask the witness a ques- 
tion f Here is his approval of a certain class of stone at 75 cents a foot, 
and 15 cents additional for jointing ; that uiakes 00 cents. lie puts 
down tlie ne(;essary grading in the other estimate at 3 cents; he puts 
down the taking out of wind, &c., cents. 

The ^^'ITNKSS. It is taken out of wind already. 

Governor SiiEPnERD. Furnishing sand and laying and grouting, 15 
cents. What do you allow for waste in this estimate ? 

A. Xot a cent, if you pay such immense prices. 

Governor Shepherd. But you say these are reasonable prices. 

The Witness. An engineer don't allow any waste ; he gives his net 
price. 

Governor Shepherd. Here is some stone delivered ; pardon me a 
moment, Mr. ('hairman, I want an explanation of this matter. Here is 
some stone delivered to the board of public works at 75 cents a foot on the 
wharf. On your recommendation as to that being a reasonable price in 
getting at the prices charged the United States Government, I ask you 
what wouUI be a fair percentage of waste in that flagging in putting it 
down around the s(piares for the United States Government by the 
board of i)ublic works. What would be the proportion of waste in 
order to get at the net cost to the board of public works for this flag- 
ging as it is laid ? 

A. Well, there ought to be hardly any waste. 

Governor Shepherd. ISTame an amount. 

The Witness. This price includes stone four feet long; therefore there 
ought to be no waste. 

Governor Shepiieud. Suppose pieces were broken. Is it natural that 
the stone shoukl be broken in being transported from place to place? « 

The Witness. There ought not to be any broken. 

Governor Shepherd. Such a thing does not occur at all! 

The Chair:man. Let me ask you a (piestion right there, governor ? 

Governor Shepherd. With pleasure. I shall be most happy to re- 
spond to any question you may ask. 

The Chairman. Is this flagging which you have charged the Gov- 
ernment -"^1.25 for of the character we have now been talking about ? 

Governor Shepherd. It is. 

Mr. Wilson. Let me ask you a question. Mr. Evans has laid a 
very large amount of flagging around Government property ? 

Governor Shepherd. Yes, sir. 

Mr. Wilson. Is it all of this character ? 

Governor Shepherd. No, sir. 

Mr. Wilson. And have not you charged at the same rates for all the 
flagging tliat has been laid by Mr. E\ans ? 

Governor Shepherd. I think not. If so, it is a mistake and should 
be corrected. 

]\Ir. Wilson. Will you name to me a single case where you have not 
charged at the same rate as this one around P-street circle .' 

Governor Shepherd. I will do so with i)leasure: Seventh street, 
Twelfth street. Fourteenth street, and Jj street. 

Mr. Wilson. What rates have you cliarged there? 

Governor Shepherd. Ninety cents is the price. 

Mr. Wilson. What kind of flagging is it 2 

Governor Shepherd. It is the second quality of flagging. 

Mr. ^^'ILSON. What is it worth ? 



2186 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Governor Shepherd. That is the thing that we have had under dis- 
cussion so long, and in regard to which we have had so many witnesses. 
The fact as established by Mr. Cluss is that it is worth 84 cents, and 6 
cents haul, which makes it worth 90 cents. 

Mr. Wilson. I am not asking you to swear by Mr. Cluss. 

Governor Shepherd. Pardon me, I am not swearing by him. I 
should not undertake to do anything of that kind. 

Mr. Wilson. I want to get at the facts. Have you a bill of prices 
for that flagging"? 

Governor Shepherd. What do you mean by a bill of prices"? 

Mr. Wilson. Simply, have you a price-list ? 

Governor Shepherd. We have the original vouchers paid by the 
board of public works. 

Mr. Wilson. 1 am not asking you about that. Have you a price-list 
of that kind of flagging? It don't make any difference to me what you 
paid for it. 

Governor Shepherd. What do you mean by the prices ? 

Mr. Wilson. I mean the prices at which that flagging can be bought 
in the market. Have you the prices at which it can be bought in the 
market — regular prices for that kind of flagging? 

Governor Shepherd. Mr. Evans has the prices, the original invoices 
of the flagging, which he proposes to put in as soon as this witness is 
through — the original invoices. 

Mr. Wilson. [Turning to Mr. Cluss.] Mr. Cluss, have you the price- 
list"? 

Mr. Cluss. Yes, sir. [Handing a paper to Mr. Wilson.] 

Mr. Wilson. Look at this and pick out on that the kiud of flagging 
Mr. Evans has put down around this Government property, and then 
tell me the price at which it can be bought. 

Governor Shepherd. This is the flagging. It says here, " The price of 
large flag," which we are discussing, "either one or both ways, is subject 
to special contract." Mr, Evans has the original vouchers, and he pro- 
poses to put them in for the consideration of this committee, as to the 
amount paid by him. 

Mr. Wilson. Now, Governor Shepherd, what is the size of this flag- 
ging that has been put down by Mr. Evans around Government prop- 
esty ? 

Governor Shepherd. (Turning to Mr. Evans.) Mr. Evans, you are 
more familiar with that matter thau I am. Will you please answer Mr. 
Wilson ? 

Mr. Wilson. I do not want Mr. Evans to answer ; I want you to an- 
swer the question. What is the size ? 

Governor Shepherd. Mr. Evans is more familiar with these matters 
thau I, and doubtless could answer you more satisfactorily. 

Mr. Wilson. I prefer to havej^ou answer. 

Governor Shepherd. Very well, sir; I will do so. Five and six feet 
is what Mr. Evans states. 

Mr. Wilson. Is it rough or smooth flagging ? 

Governor Shepherd. It is smooth flagging. 

Mr. Wilson. I see on this price-list it is indorsed : " Price-list of 
Thomas Booth, wholesale dealer in North Kiver ■ bluestoue, Wilbur, 
(Kingston,) Ulster County, New York." " Price-list for 1871, delivered 
in New York, and vicinity, adopted by the trade, Februarj^ 26, 1864. 
This flagging five to six feet and five feet and five feet six inches is 
put down on this at 18 cents, and six feet six inches isijut down on this 
at 20 cents. 



TESTIMONY OF ADOLF CLUSS. 2187 

Governor SnEniERD. That I ujuler.staml to be raiuloin flaoging, pro- 
miscnons flag'ging. The Mitness, Mr. Emery, testified to that fact. 

Mr. Wilson. Is this put down around the Government i)roperty ; for 
instance, down here on B street, near around the Botanic Garden? Is 
that anytliing' but random fiajifjing: ? 

Governor Siiepiieed. Tl;at on Twelfth street and Fourteenth street 
is good Hanging. I am Jiot certain about that around B street because 
a good deal of the old tiagging was i)ut there, which I stated to the com- 
mittee when I was on the stand, 1 did not know about. 

Mr. Wilson. But is not this random llagging different sizes ? 

Governor Shepherd. No, sir ; first class tiagging of its kind. 

Mr. "Wilson. I am not saying it is not. But is not this the kind of 
flagging that is described in this price-list as being worth 18 to 20 cents ? 

Governor Shepherd. ISTo, sir ; it is not. 

Mr. Wilson. You say it is not ? 

Governor Shepherd. I say so. 

The Witness. I was asked the other day by the committee about the 
flagging at Thirteenth street, opposite Farragut Square — around Far- 
ragut Square. Here I see a charge of 1,914 square feet of side flag- 
ging 

By Mr. Stewart : 

Q. I want to exhaust this other subject before you go ou to 
another. I would like to see fair play in regard to this all around. 
You certify there that this flagging would be worth delivered 
on the wharf 7.5 cents, and that an order was signed on that basis. 
Then what has been charged for taking it up? — A. For haul, grad- 
ing, taking out of wind, laying, &c., amounts to 50 cents a foot; that 
is the other charge, making $1.25 per foot. 

Q. Now, admitting that you are right in the 75 cents, because that 
order appears to have been based upon your letter, admit that as cor- 
rect, it is worth 75 cents on the wharf; but you say it was an ex- 
orbitant price to take that from the wharf, to take it out of wind, dress 
it, and lay it, to make a good job of it? — A. That is taken out of 
wind already dressed. That is machine-dressed flagging. 

Q. What would it cost to haul it from the wharf to P-street circle? — 
A. 3 to 4 cents. 

Q. Then what will it cost to grade the ground and prepare it — to put 
it down '? — A. The ground was graded there, you know. 

Q. You have to smoothe the ground ? — A. About 3 cents. 

Q. What else do you have to do ? — A. I have to lay it, and I have to 
joint it. 

Q. How much would that cost? — A. T think about 10 cents. 

By Governor Shepherd: 

Q. You put down 15 cents in this indorsement? — A. Yes, for this 
extra thickness. 

Governor Shepherd. No; you were speaking about this very flag- 
ging- 
er. Fifteen cents then for jointing ? — A. Yes, sir. 
(,). You sav, if you should buy a lot of llagging in this way, you would 
not be likely to have some of it broken and injured in the handling ? 
Do you not make any allowance for that? Could you get it all down 
and make it count foot for foot ? — A. The cut stone fortlu' Treasury De- 
partment is got 

Q. I want the (act as to whether there is any waste from tin; nunibor 
of feet. — A. There may be a small (piantity of waste. 



2188 AFFAIES IN THE DISTRICT OF COLUMBIA. 

Q. Tlie jointing would take a little off? — A. Yes, sir. 

Q. What percentage would you allow, if any ? — A.*I paid for the set- 
ting then, of course. 

Q. It is measured on the wharf, so many feet delivered ?— A. Four 
feet. I paid the extra price, because it is the exact length. 

Q. Is there or not any waste? — A. Yes, sir. 

Q, Shall we say 2 cents for waste? — A. Well, yes, sir. 

Q. Then jou say grouting?— A. Yes, sir; 15 cents. It is a high price 
which I cite. 

Q. Is there anything else ? — A. The jointing. 

Q. We have got that in ? — A. Yes, sir. 

Q. Is that all ?— A. Yes, sir. 

Q. Now, let us see how much that makes. That makes $1.14. Now, 
when you charge up to the Government, do you allow the board any per- 
centage on the management? Five per cent, is not then on that, or 
have you calculated that ? — A. I do not know. I have nothing to do 
with that. 

Q. Then, after you got your rock on the wharf, did you add a reason- 
able charge for any profit to the contractor ? — A. The highest price of 
profits. 

Q. Then it cost 11 cents too much ? — A. Yes, sir. 

The Witness. I here present the bill for this very flagging of Nicholas 
Acker, dated August and October, 1809. Here it is. ^ 

The Corporation of Washington City to NicJwlas Acker, Dr. 

Washington, October 2, 1869. 
1869. 
Aug-Oct. To work performed and materials furnished under contract for 
completing the sidewalks, gutters, and crossings along Franklin 
school-house : 

To 4,723 square feet of flagging, at 40 cents $1, 839 20 

To 306 feet linear feet of dressed curb-stone, at -fl 306 00 

To 175i square yards of paved gutters, at 80 cents 140 40 

To 407 linear feet of North River gutter-stone and bridging slabs, 

at 40 cents 162 80 

To 14t^ feet (circular) granite curb, at i|1.60 23 20 

To one bluestone steps, dressed, 5^ feet long, $1.50 21 50 

To cutting two coal-holes and furnishing iron covers 8 50 

To labor in fitting blocks under granite step and furnishing mate- 
rial therefor 18 00 

To two setters and two laborers, resetting curb according to direc- 
tions received 16 00 

2, 585 60 
The above bill is herewith certified to as correct .and true. 

This is the price established by myself. This is the flagging which 
has been used twice; that flagging which has been charged to the Gov- 
ernment at $1.24. 

By Mr. Wilson. 
Q. Where is the charge ? — A. On page 455. 

By Senator Stewart : 
Q. Do you think that that is so excessive about P-street circle that 
it comes under the head of exorbitant? — A. Yes, sir, it does; it is not 
extra flagging around P-street circle. When I was there a couple of 
times I took up a couple of flags ; you could see the thickness of them. 
Q. Then they did not have the kind of stone you approved? — A. No, 
sir. 



TESTIMONY OF WRIGHT RIVES 2189 

By Governor SiiEriiEUD : 
Q. In tills bill of yours I'or lla.i;<;ing around Franklin Square, on paj^e 
4r)."), where is the sidewalk ? — A. I was there and looked around it. 
There is no flagging, except in front of the Franklin sehool-house, which 
I have from my own records just brought the original bill for. 

By Governor SHErnERD : 

Q. Then it is ou the east side of Thirteenth street? — A. Yes, sir. 

Q. This does not refer to the sidewalk ou 1 street — Xeufchatel 
flagging ? — A. No, sir, 

Q. Is that measure in here at all ? — A, Yes, sir. 

Q. Where ? — A. I think it is in some other place. 

Q. Will you be kind enough to find it and show where that 
charge is ? 

By Mr. Mattingly : 

Q. I will simply ask you one question. You have introduced this 
corporation-bill of 1809. Here is one of 1870. What is the i)rice of 
flagging in that ? What is the character of the flagging! — A. It does 
not say whether it is for material or material and labor. This is for 
material and labor. 

Q. Do you mean to say you cannot understand from that bill what it 
is? — A. No, sir: I do not, whether it is for material and labor. There 
is no doubt that is for flagging and laying, but it don't state whether it 
is bluestone or Seneca. Seneca costs more. 

By Mr. Christy : 
Q. Is it not the fact that the flag'ging laid down by the board of pub- 
lic works generally was of the least tliickness used, and wholly differ- 
ent from the kind upon which you fixed the price at 7."> cents, delivered 
on the wharf at this time .' — A. Certainly 5 especially for the flagging 
across the ^lall and around I> street, which is the greatest quantity. 
The specification reads not less than two inches thick. 

Mr. Stewart : 

Q. Is it not your duty to certify to the (pmlity as well as the quantity ? 

Govenu)r Shepherd. That is what he did. 

The ^VIT^'ES8. At P-street circle there was this kind of flagging. 

Q. I have not asked that. ^ly (pu'stiou was whether it was your duty 
to certify, and whether vou did not certify, to quality as well as to quan- 
tity ?— A. Yes, sir. 

(J. Then you ought not to have certified to the quality. — A. ^Vhy ? 

Mr. Stewart. If the quality was not up to the price. 

By the Chairman : 
Q. When did you discover this flagging was so inferior in (juality ? — 
A. It is not inferior ; it is common. 

Q. When did you notice that ?— A. Which ? 

Q. Anywhere?— A. Well 

Q. As it was being laid down ' — A. Yes, sir. 

Wright Rives, recalled. 

The WiTNi^ss. T would like to makean explanation, if the committee will 
permit. General Habcock and myself arcclassmates. 1 formi'rly occu[iied, 
under President .Johnson's administration, the same position that lie 
now oc("Ui)ies, and it may be that portions of my testimony may seem 
to reflect upon him. Therefore 1 deem it proi>er tiial I shouhl come 



2190 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

here and make this statement: That if, while I occupied the position 
that I have referred to, the board of public works had been phaced in 
power, and consequently these duties had devolved upon me as they do 
upon General Babcock, it would have been impossible for me to have 
attended to them personally. I would have had to rely entirely upon 
subordinates. 

The Chairman. He has relied upon them. 

The Witness. Yes, sir. If I had been called upon to perform such 
duties I would have had to neglect the duties of one of my positions, and 
think I should have neglected the measuring i)art. 

Jonathan Taylor sworn and examined: 
To Mr. Wilson : 

I reside in New York, and am of the firm of Taylor & Filbert. That 
firm has been dissolved. It was dissolved on the 22d March. 

Question. For what purpose was that firm organized ? — Answer. It 
was general contracting and street paving. 

Q. In reference to what — any particular place 1 — A. No, sir. 

Q. How long had that firm been in existence? — A. AVe went into 
partnership in September, 1871 — September or October. 

Q. Where did you commence doing business ? — A. The first work we 
laid, we laid a small piece in Phihidelphia, on Arch street, corner Sixth 
and Arch. The next work we did was here. 

Q. Have you done any work except in the city of Washington, with 
the exception of what you have already mentioned I — A. No, sir ; not 
our firm. 

Q. What was the extent of your contracts in the city of Washing- 
ton °? — A. Nearly a million of dollars. 

Q. Who was your book-keeper ? — A. In the first place, Mr. Slatter was 
book-keeper, and then Mr. Nyle. 

Q. Did he continue up to the time of your dissolution ? — A. Yes, sir. 

Q. Where are the books of your firm ? — A. I cannot tell you where 
the books are now. 

Q. Where have they been ? — A. The last I saw of the books they were 
at the Metropolitan Hotel in New York. 

Q. How long ago was that? — A. About three weeks. 

Q. Where had they been kept prior to that time"? — A. Herein our 
office; in the oflice until some time in February, when they were taken 
to Doctor Filbert's room, Mr. Nicholl's brother-in-law, to write up the 
books. They were in such a condition that you could not tell head nor 
tail, nor anything about them. I was trying to get a settlement with 
him for the purpose of dissolving, but I could not get that done. They 
were taken up to his room from the office, and they were kept there some 
time, and then submitted to John G. Moore and F. W. Smith to get them 
up and to make a settlement between us. 

Q. Where does John G. Moore live ? — A. In New York. 

Q. Where does Mr. Smith live ? — A. In Washington ; he is in the 
lumber business. 

Q. Were they submitted to these gentlemen as accountants, or as 
arbitrators? — A. Both ; they were to get up the books in the first place, 
and decide certain matters that we did not agree upon between us. 1 
met here every week, pretty nearly, until the 1st of January, and I 
never could catch the doctor here ; if he was, he did not have time to 
attend to it. 

Q, Where is Dr. Filbert now ? — A. I do not know ; his home is 1902 



TESTIMONY OF JONATHAN TAYLOR. 2191 

Greene street, Philadelphia. He is either in Philadelphia or Pittsburgh, 
I i)resaiue. lie has contracts for work there, I think. 

Q. Did yon or yonr tirni or J)r. Filbert, either directly or indirectly, 
pay any money for getting contracts '? — A. I bought the first contract 
here myself in November, 1871, I bonght it from John 8[)icer. At that 
time he lived here. I was not nuich acquainted with him. I think he 
had been a contractor for the Government at the time. He told me 
that the Government owed him $."3.">,()()() and he expected to have got 
the money to do the work himself. I think he got it in ►September. 
The award was made to him, as I understood at the time. He had not 
the money and could not do the work. 1 was down here and he pro- 
posed to sell me the contract. It was a contract for a wooden pave- 
ment, on Sixteenth street, although the award was for a Wyckoti' pave- 
nuHit 1 think; a cheap kind of pavement, or not a first-rate pavement. 
I think the [)rice was 8-.*J0. When he spoke to me about it I talked 
the matter over with him and then I went to Governor Shepherd and 
asked hiu) about it ; but I did not tell him I was going to buy the con- 
tract, or anything of that kind. I told him Mr. Spicer had the con- 
tract but had not the money to do it with, and he wanted me to furnish 
the money and give him an interest in the contract to go on and do it. 
He told me the award was good but that they might want to change 
the pavement as the}' had inquired about it and they did not like it. 
So the next spring I went on and did the work and changed the kind 
of pavement, and had the wood i)reserved. 

Q. How much i)er yard did you pay 3Ir. Spicer? — A. There were 
about 38,000 yards in the contract, and I gave him $5,000 for it. 

Q. Have you purchased any other contracts'? — A, Yes, sir; I do 
not recollect the names. I bought a contract on Eleventh and Tenth 
streets. 

Q. Whom did you buy the contract from on Eleventh street? — A. I 
could not tell the name now. Tiie contract was afterward issued in my 
name. The way that contract came about was this: There was a man 
by the name of Deidler, from Philadelphia. He came over to New 
York to my oflice and said that he had 00,000 yards of contract to sell, 
and wanted to sell it to me. I told him I did not want to buy, but he 
urged u[ton me that I should come over with him. I was here a day or 
two, but could not find out anything about it for the first two days. 
Then he said it belonged to some parties, a man by the name of Kelly, 
I think, and another man, whose name I do not recollect. 

Q. Seitz? — A. Yes, sir; 1 think that was the name. 

Q. Anybody else? — A. Nobody else was mentioned. Then I went 
with him up to the board; the board was in session, and instead of 
having 00,000 yards, they had only one street, which was either Tenth 
or J']l(*venth street. He said he had that contract, and before 1 would 
make any arrangement with him I went in and saw the contract and 
asked Mr, Shei)herd if the award — if the contra<;t was a good 
one, I told him that this man had not the money, and wanted me to 
go in with him and furnish the money. 1 asked him if it was all 
right. He said it was. I went out then, and went down to the 
Metropolitan Hotel, and they followeil me down there. 

Q. What did you pay them for that ? — A. Twenty cents a yard. 

Q. W'ho did you get tiie contract from on Eleventh street ! — A. I do 
not recollect who 1 got them from, whether they were both mixed in 
together or what, now. 

Q. ^Vhat did you pay for that .' — A. Twenty cents a yard. 



2192 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did you buy any other contracts ? — A. Yes, sir. Bought a con- 
tract on First street. 

Q. Who from f — A. A man by the name of Smith. 

Q, Who was he ? — A. He was a contractor here. I do not know his 
full name. I think it is David. 

Q. Was he doing work here himself? — A. Yes, he had that street and 
some other streets to do at the time, and he failed. He had no money, 
and could not do it. He did the grading or a part of it and the side- 
walks were to do. And I bought the paving of the street of him. 

Q. Did you do any grading on any of those streets ? — A. Yes, I did 
a great deal of grading on First street. 

Q. On these other streets you have named? — A. Yes, sir, a great 
deal on them. 

Q. Wbat did you pay this man Smith for the contract"? — A. Twenty 
cents a yard. 

Q. Did you buy any other contract"? — A. Yes, sir; I bought the far 
end of Seventh street last fall, and put that down for accommodation. 

Q. Who did you buy that from "? — A. That was bought from a man by 
the name of Gray. 

Q. Wbat did you pay him"? — A. Twenty cents, I understood it. 

Q. Did you buy any other? — A. No, sir; I think that is all the con- 
tracts I bought. 

Q. Did you have nothing to do with the north end of Seventh 
street ? — A. That is just what I was speaking of. 

Q. These are the only contracts you bought? — A. Yes, sir. 

Q. Who did the grading on Seventh street? — A. I did a great deal of 
it and a man by the name of — I forgot his name. 

Q. Do you know whether in any cases any deductions were made 
from your paving-contracts on account of grading? — A. On all of our 
contracts we were charged with the grading — pretty much every one — 
excepting F street. 

Q. Suppose that you made a contract where you had no grading to 
do, simply to put down the pavement, did they make any deductions 
from yonr pavement on account of grading ? — A. I never had any 
streets of that sort. 

Q. Have you paid any money, directly or indirectly, on account of 
contracts for the procurement of contracts, other than what jou have 
stated ? — A. No, sir. 

By Governor Shepherd: 

Q. You spoke of buying a contract from John Spicer. Do you know 
whether John Spicer was one of the original bidders under the proposals 
of the board of public works for a contract ? — A. He told me he was. 

Q. And that he received an award based upon his proposal for laying 
a certain pavement"? — A. Yes, sir. 

Q. And that after examination of that pavement, the board determ- 
ined that it was not a proper one to put down, and changed it"? — 
A. That is so. 

Q. You spoke of purchasing one or two other contracts. In regard 
to this contract of Mr. Smith's, as I uiulerstand it, he was the contrac- 
tor to whom it was awarded, and did all the work except the laying of 
the wood pavement ? — A. Yes, sir. 

Q. Which you did for him and on which you allowed him so much a 
yard ; is that so ? — A. Yes, sir. 

Q. Now, Mr. Taylor, I would like you, as you have had vast experi- 
ence in wood pavement business, to tell this committee the cost of lay- 



TESTIMONY OF JONATHAN TAYLOR. 2193 

ing: tlie wood pavement — and I do this becanse the witness, Mr. Taylor, 
lias laid more wood ])avement than any other man in the conntry — the 
€ost of layiiiii" trcatt'd i)avements, and give the items to the committee, 
so that tiie\ will be able to Jndge. — A. W<'ll, wood i)avements, you 
know, it depends a good deal on where y(»n put them down and the cost 
of Inniber, 

Q. As you have i»ut them down here. — A. Well, the i>avements here 
have cost from 8-.S0 to s2.S5 a yard. They added 50 cents a yard for 
pn^served wood. 

Q. Then 1 umlerstand you to say tliat the net cost of the j^avements 
laid by yon and Mr. Filbert, in this city, have been from $2. SO to .^2.85 
per square yard '! — A. Yes, sir. 

Q. Net cost to you ? — A. Yes, sir. 

By Mr. Wilson : 

Q. Is the expense of laying- the wood pavements the same ? — A. No, 
sir. 

Q. Are some cheaper than others ? — A. Some are cheaper than others. 
You can i)ut <lown the roniul-block pavement for less. 

Q. How much does it «;ost to lay the round-block pavement ? — A. 
Well, that dei)ends altogether upon how cheap you get your wood. 
Here in the city they bought a cord of wood, as they called it, for $11 
a cord ; 1 am iH)t well enough ])osted in that kind of pavement to know 
how much a cord will lay, but as I understood fiom persons who put it 
down, tiiat it might be pnt down for $1.50 or $1.75. 
- (). lias there been a considerable quantity of that kiiul of pavement 
laid here '! — A. Yes, sir. 

Q. Who were the parties who were engaged in laying- that kind of 
pavement in this city? — A. I conld not tell you that. I think Mi-. 
Clephane pnt down some, and probably Page and Fletcher put down 
sonu% but theirs is a little different kind of pavement, which will cost 
a little more money thau that. There is a wood pavement with a con- 
crete bottom under it. 

Q. Is it not the fact that there is a considerable difference in the cost 
of laying these different kinds of wood i)avements"? — A. Y''es, sir. 

Q. ]>o you know the price that was jiaid for laying this round-block 
pavement in this city by the board of public works? — A. I do not. 

Q. What patent did you lay of wood pavenu'nt f — A. 1 laid the DeGol- 
yer— No. 1 it is called— ami the Taylor cS: Filbert. The Taylor cS: Filbert 
is a wedge shaped l)lock. 

Q. Is there a difference in the cost of laying those two pave- 
ments .' — A. Not inn<.*h. 

(^. Did you lay any other kind of i>a\emenl .' — A. No, sir; I thiidc 
not. 

Q. What other pavements have been laid in this city ? — A. The 
•Stowe pavement has been laid here and the Uallard. 

A. Is that a more expensive pavement than yonrs ? — A. Yes, sir ; 
more exiiensive — [)robablv 10 or 15 cents a \ai<l. Then there is the 
iJallard. 

(}. How is that compared witli yonrs? — A. That is more ex])ensive 
still than mine. 

Q. Is there any other than a roiindbloek i)aveinent tliat is a eheajH'r 
])avement than yours.' — A. You can take the J)e(b>lyer No. i', and that 
is cheaper than otir j»avement. 

Q. AVhat can that be laid for per yard ? — A. 1 should think for about 
15 cents i)er yard cheaper — that is, where they do not i>nt it down well. 
138 D C T 



2194 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

If they put it dowu as I put dowu the pavement here — all the pave- 
"ments I have put dowu here I have rolled thoroughly — I i^ut dowu the 
pavemeut here better thau iu au y other place. 

Q. Do you know whether that was done generally by other contract- 
ors ? — A. That I could not say. I never went over other contractors^ 
work and looked at it. 

Q. Have you noticed how the wood i^avement is standing here ? — A. 
I have been over my own pavement very frequently, and I say it all 
looks first- rate. 

Q. Have you been over any other ? — A. Not to take any notice. 

By Governor Shepherd : 

Q. I want to settle this point. I understand you to say to the com- 
mittee that the cost of wood pavements laid by you here was from 12.80 
to $2.85 per yard "? — A. Yes, sir. 

Q. That is the net cost to j'ou for the pavements laid ? — A. Yes, sir. 
In other words, we made about lo per cent on our contract. 

By Mr. Wilson : 

Q. Have you been paid! — A. We have had, I think, about $210,000 
or $215,000 iu money, and $270,000 or $280,000, probably, in bonds, the 
balance iu auditor's certificates. I should think about fifteen or twenty 
thousand is yet coming from the board. 

Q. Have you any work yet unmeasured ? — A. No, sir; the work is all 
measured up. 

Q. You have not received all your certificates yet. — A. No, sir; I 
want to state one thing while I am here. In reading over Mr. Cluss's 
testimony, the other day, about Seventh street — about getting full 
measurement on that street, and my partner running away, or 
liaving gone to parts unknown — I want to say that we have not got 
full pay on that street at all. The sidewalks are finished. It was late 
when we put that work down, and we got it measured up and they agreed 
to pay for what work was done. We put it down late last fall. Bat the 
street was all torn up and plowed up, and the water-[)ipes all lowered, and 
the street was impassable, and Mr. Willard urged me very hard to put 
it down, and I went to work and put it down. When we got our esti- 
mate on it they paid us for paving, and a part for the grading, I think. 
This other man had doue the grading, which all went under our name. 
We, however, had nothing to do with the grading. 

Q. Mr. Walsh did the grading ? — A. Yes, sir; but the street was in a 
bad condition for the reason stated. The pavement was well put dowu. 
I went to work and dug out there mud and slush, and hauled in gravel, 
which j\Ir. Willard directed me to do. I paid 40 cents for the gravel 
and filling up those places, and then rolled it down. Mr. Barney, he 
scratched it all off. The other measurement I want to speak of— on 
N street. In all my measurements on Sixteenth street I was six hun- 
dred short in my measurement of the work actually done. On Massa- 
chusetts avenue and Khode Island avenue and other places our meas- 
urements were cut down by Mr. Cluss and Mr. Barney, they making 
their estimate from the books in the office, and not actual measurement. 
My measurements have all been short instead of over, as claimed by 
Mr. Cluss. The committee can go and measure for themselves, and see 
and take the measurements iu the office. 

By Governor Shepherd : 
Q. State to the committee how the prices paid by the board of public 
works are for wood pavements compared with those paid in other 



TESTnrOXY OF ADOLF CLUSS. 2195 

cities. — A, A great deal less than in New York. In New York they 
pay $4.50 and S") a yard, 

Q. Have you done any work at h)wrr rates than at the prices yon jxot 
here ". — A. Not P^ast. Out West, wliere the i)ric«' of lumber is considerably 
less, 1 have. The work I have done here [ have done for a <;reat deal 
less price than I got in New York, Philadelphia, Elizabeth, and Newark. 

By Mr. Christy : 

Q. What do yon know about the cost of wood pavements laid for the 
last two or three years in the city of New York? — A. Well, sir. there 
has not been much laid in New York lor the last two years. 

Q. Is it not trne, in fact, that wood pavements have been wholly 
abandoned in New York? — A. No, sir; not abandoned. 

Q. llad there been any contracts made for wood pavements in New 
York City within the last twelve months ? — A. Not to my knowledge. 

Q. Is it not true, likewise, that they are now supplanting the last of 
their wood pavements with stone pavement? — A. They are taking up 
some of the wood pavements there that have been down six or seven 
years, and are worn out. 

Q. And replacing them with stone ? — A. lielaying them with Belgian. 

By Governor Shepherd : 

Q. What is your opinion as to the adaptability of wood pavement for 
a city like Washington, with the travel we have here ? — A. I think that 
wood and concrete pavements are better than any other kind of pave- 
ment for such a city as Washington. 

Q. You thiidc they are better than stone? — A. O, yes, sir; decidedly. 

The comiiiitt(^e hereupon adjourned until 10 o'clock to-morrow, Satur- 
day morning, May -Ij. 



Saturday, May 23, 1^74. 

The committee met pursuant to adjournment. 

Adolf Cluss recalled. 

The Witness. Mr. Chairman, I would like to make a couple of cor- 
rections in my testimony gi\'en on yesterday. I stated to the chairman 
that the measurement of P-street circh; hail been madi^ by ^Ir. Barney. 
It is not so. It was nnide by Mr. Porsyth, and I have the voucher here. 
Further, in my testimony on the first day, I stated ^Ir. Forsyth's mis- 
take about Frank Smith's work too early. That mistake occurred in June, 
1S7."». Mr. Willard ami ^Nlr. Cluss in connection went over it, according 
to the records. I have looked the records over, and I would call the at- 
tention of the committee to the fiict that the vouclier of Mr. Evans's 
work — the irregidar voucher, which I liavt; asked for repeatedly — has 
not been brought here yet. 

By Mr. Mattingly : 

(}. What voucher do you refer to '. — A. Tlie irregular voucher, for 
which 1 asked you several times. 

Mr. MATTiNCrLY. Just let us know distinctly what it is, and you shall 
have it. 

By the Chairman : 
Q. The voucher of the 1st September you spoke of yesterday. ^Ir. 
Cluss 1 — A. Yes, sir ; that is the one. 



2196 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. IMattingly : 

Q. Let us imderstand what voucher you waut? — A. The Senator has 
told you. 

The Chairman, II is the partial estimate of Johu O. Evaus. 

The Witness. I have only oue word more to say. Of course, as I 
stand here unsupported by any legal talent, I throw myself upon the pro- 
tection of the committee. I do not care about havingany counsel. Now, 
since in my testimony of yesterday this flagging has been made such a 
prominent object, I think this very thing is a more fair test to take up to 
test our whole system, and therefore I most earnestly request that instead 
of these detached little sheets which the counsel bringhere, all the papers 
relating to the purchase and the laying of this flagging be brought in. 
They are few, and then at once the committee will understand my action 
in this matter. I wish to say that in the season of 1872 no flagging 
of any account at all, to my knowledge, has been laid. When such 
little slips were brought to me, as Mr. Evans, for instance, says, " 1 
desire a contract for dressing stone ou P-street circle ; " he wrote 
two letters, which are in evidence, lie wrote on January 30, he 
desires a contract for dressing stone for the P-street circle ; that was 
the abstract of the letter. Then, again, he says, on May 14, "Kequests 
that prices be established for work now being done by him under the 
board's order on the following streets: Seventh, Twelfth, and Four- 
teenth, between 13 street south and B street north, as follows." 

At the time when I signed my confidential man Oertly's estimates for 
this work I had no idea that such a big job of 300,000 feet, or some 
thing, was in progress. Of course I had a right to expect, if it would 
cost — if $300,000 and more were to be spent on more sidewalks — that 
it should be informally discussed in the board. Since this was not the 
case, I did not look with that care otherwise that I should have done 
ou these slips, which were laid before me by my assistant and confiden- 
tial man Oertly. 1 think those papers, if they are brought here, will 
show my action in the premises. I think it is due to me that these pa- 
pers relating to the purchase and the laying of this flagging should be 
brought here in full, as I say, instead of these detached parcels. That 
is the only question I had to make. 

By Mr. Wilson : 
Q. You say that Mr. Evaus was already at work laying flagging when 
these communications were addressed to you. Is that the way I under- 
stand you "? — A. Yes, sir ; and I have looked yesterday over the journal 
or the minutes of the book where the actions of the vice-president were 
entered. I do not find on February 3d, when, according to the list of 
contracts, he is given a contract for laying flagging worth $90,000 — I 
have failed to find that contract in the minutes. The contract is Ko. 
CoO, February 3d. The minutes of the board, I suppose, are here. 

By the Chairman: 

Q. What papers do you refer to? — A. The papers relating to the pur- 
chase and laying of this verv flagging. 

Q. This flagging on North B street?— A. Allot this 300,000 feet; 
there was in January, without my knowing it — a plan was made here to 
introduce this flagging most extensively, and papers were laid before me. 

By Mr. Mattingly : 
Q. Introduce what? — Apian was made to use this flagging in the 
most extensive way; when I signed these slips of Oertly, I had no idea 



TESTIMONY OF ADOLF CLUSS. 2197 

at all that there was such a big thing involved. Of course in 300,000 
feet of flagging, if there is 2.") cents over charged in the 

By Mr. Hubbell : 

Q. Would yon not take the same care in estimating for 500 feet as for 
5,000,000 feet .'—A. During tliat time I did not 

Q. But answer my (luestion ; you claim here that there was a small 
amount laid before you, and you did not take any particular care to fix 
it up right ? — A. I sliouhl rely more on the statement of my confiden- 
tial assistant who led me to sign those papers. 

Q. But in a small amount of flagging you would uot take any par- 
ticular care to see Avhether the charges were right or not ? — A. I 
should rely on the statement of ray conddential assistant, to a great 
extent. There were only, perhaj^s, I understand, two parties in connec- 
tion with this flagging, John O. Evans and Van Brunt & Company. I 
may be mistaken in that, however. 

i}. Then, 1 understand your claim to be that Oertly, your confiden- 
tial man, laid some slips of paper before you for estimates for flag- 
ging .' — A. Yes, sir ; in rather an informal way. 

(^). What way '. Let us know wliat way * — A. The pa[)ers will be 
brought here. 

Q. What size papers were they i — A. Like this one, [indicating.] On 
the back of it imlorsed: '-The cost of this flagging aiul grading, 3 
cents; stock, 50 cents; jointing, 10 cents; taking out of wind, G cents; 
furnishing sand, laying, and grouting, 15 cents." 

Q. What did .Mr. Oertly lay that before you for? — A. For the purpose 
of getting my signature to it. 

Q. To liave you approve it'? — A. Yes, sir. 

Q. To see that it was right? — A. Yes, sir ; exactly. 

Q. It was your duty to approve it '? — A. Y'es, sir; exactly. 

Q. Y^ou did it ?— A."^ 1 did it. 

Q. ^\nd now you claim that you supposed the quantity was small, and 
did not pay an\' particular attention to it ? — A. I did not pay as much 
attention as 1 would have done if I had seen the magnitude of the job. 
\Vhile these papers are coming, 1 will say that I was asked the other 
day about this Fletcher matter — about this flagging in the Botante 
Garden — and at the request of the committee 1 have brought the papers 
here. 

By the Chairman : 
Q. What Fletcher matter is that ? — A. The flagging laid around the 
Botanic Oarden — old flagging charged to the Government at $1.25 
per square foot. Here is entered — 

JriA- Ifj, 1873. 
.Sir: You will cjuiso a contract to be ])rcpaie(l with .Joseph H. Fletcher for cutting 
and scttinj^ the llaj; foot-ways around the Botanic Garden, the material to be fur- 
nished by the board. 
Bv order of the board. 

CIIAKLF.S S. .JOHNSON, 

AsHisiant Secretary. 
A. Ci.uss, Iin;iiiirir in charge. 

AtlOUST 1(). 

SiH : J am directed liy the board to ins^^rnct yon to i^ive tln^ necessary orders to 
.Joseph H. l-'letelier, who has the contract lor jointing and lesettin^ the lla^ fool-ways 
around tin; Jiotanic (lardeii, to lay a douiile line of foot-walks on Tliird street, in 
accordance with the wishes of Mr. Smith, snpcnintiiidcnt of the Botanic (iardcn. 
The ])rice tixed for Mr. Fletcher's work is thirty-fonr cents per stjiiare foot. 
Kespectfnllv, 

C'HAin.ES S. JOHNSON, 

. / ssisln II ( Secretary. 
Hon. A. Ci.css, Engineer in charge. 



2198 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. Before we go on tarther, I wish to say how my action 
has been contorted. This price of 34 cents inchides taking out of wind. 
Of course, if they have put old flagging laid in front of the Patent- 
OfiBce, it does not need any taking out of wind : therefore, theprice of 
34 cents ought to have been on that account C cents less. The old flag- 
ging in the PatentOfflce was jointed, and Oertly has his price for joint- 
ing 10 cents ; therefore, instead of 34 cents, to be consistent with my 
own action, this price ought to have been 18 cents. However, I am in- 
structed here to pay 34 cents. 

By the Chairman: 

Q. Instructed by whom? — A. By the board of public works of the 
District of Columbia. I am directed by the board, that is to say, the 
A'ice-president. 

Q. Were you not a member of the board at the time ? — A. 1 was, but 
I have said that this was to be considered in a constructive way. 

By Mr. Hubbell : 

Q. Could you not have called the board's attention to that fact "? — A. 
I did not know at the time that this was old flagging to be laid. Mr. 
Oertly, who went upon the ground, must have known it. He is paid 
$3,600 a year, and has as much — of course, I have a right to consider 
him a confidential assistant. If I have not him, I am unable to do my 
duty. 

Q. Did you ask whether it was old or new flagging? Did you make 
any inquiries about it ? — A. I thought, for sure, it was new flagging. 

Q. Did you make any inquiries about it! — A. This was the only place 
where old flagging was laid. 

Q. Will you please answer my question ! — A. Xo ; I did not. I wish 
to say, and I have not the paper here, the price of 34 cents I see the 
vice-president fixed after Mr. Oertly privately had been addressed, and 
Mr. Oertly reported that 34 cents was the right price for it. This letter 
is among the records. 

Q. Privately addressed b^' whom ? — A. By the vice-president, Alex- 
ander 11. Shepherd, to Mr. Oertly. "I requested this paper to be brought 
here. 

Q. Was it in writing ? — A. Yes, sir; it is an olficial paper among the 
records. 

Q. It was an official paper '? — A. Yes, sir. 

Q. You saw it? — A. Yes, sir; lately. 

The Chairman. Let us have that correspondence, or private cor- 
respondence, or whatever it is, between Mr. Oertly and Mr. Shepherd. 

The Witness. It was an official correspondence, addressed not to the 
engineer in charge, but to his assistant direct ; it is among the docu- 
ments here ; I had it the other day ; I had it brought up ; it is a letter 
addrcs.sed by Mr. Shepherd. 

By Mr. Mattingly. 

Q. What is the date of it? — A. It must have been in August last, I 
think. 

By the Chairman. 
Q. Why do you call it private? — A. I njean to say it was an official 
correspondence, but it was private so far as I am concerned. It did 
not come to the engineer in charge ; it went direct to Mr. Oertly to fix 
the price ; and then afterward I was informed that that price had been 
fixed. I have here a letter dated September 12th : 



TESTIMONY OF ADOLF CLUSS. 2199 

[Mark reply Xo. 3360, vol. 3, 1873.] 

15i^.Vl!D OF PUIJLIC WOKKS, DISTRICT OF COLUMBIA, 

If'anhinfjUm, September 12, 1873. 

Sir: You will cause contract No. 779, with Joseph II. Fletcher, to he aiueiuled so as 
to include parkiii}; on line of his work, for which he will be allowed board price for all 
over nineteen feet in widtli. 
Bv order of the board : 

CHARLES S. JOHNSON, 

Assistant Seiretary, 
Hon. Adolf Clcss, 

KiKjineer in Charge. 

A true copy. 

FRANK. T. HOWE, Chief Clerk. 

Q. Did you know tinything about tliat — about the modification of tliat 
contract at the time"/ — A. Yes sir; these were addressed to me. 

(^. I know ; but did you know that the board made such au order ! — 
A. Yes, sir; I did. 

Q. At the time?— A. Yes, sir, exactly. Xow, on :\[aich 2G. 1874, Mr. 
Fletcher says : 

BoAiiK OF rcuLic Works, District of Columbia, 

Wahhington, J). C, March 26, 1874. 
lloti. Hoard of Pablic fi orks : 

Okntlkmf.x: I have tlie honor to report that my contract for jointin<r and setting 
of tla<i<jin<; around the Botanic Gardens is completed, and I respectfully ask that the 
same be measured. 

I also desire to state that there is considerable trading to do around the said <j;rounds 
prejiaratory to doing the parking, which is included in my contract, au<l I wish to know 
if I shall proceed with it. 
Verv respectfully. 

JOS. H. FLETCHER. 
Respectfully referred to engineer in charge. 

' When these bills came up, then I looked up how this price was fixed, 
an<l then I refused to pass his account — I riitused to pass his account, 
and Mr. Fletcher came with a member of the legislature to my office, 
and 1 told him promptly that if lie had a contract of course he must be 
paid for it ; but 1 considered it a duty to look exactly where such aeon- 
tract was, becau.se I considered his prices excessive. Upon this Mr. 
Fletcher j^oes to ^Ir. Magruder, and Mr. Magruder addresses here a letter : 

April 29, 1874. 
Dkah Sir : The governor wishes Mr. Fletcher's coT)tract for laying Hag footwalks 
on Third street settled. The work has been d()ni\ and Mr. Fletcher says Mr. Cluss re- 
fused to sen<l tlie measurement to the auditor. Will you pl(;as(- see that this is attended 
tu ? Mr. F. will exi)lain. 
Yours, truly, 



Hkxry a. Wii.lari), Esi|. 



JAMES A. >L\GRUDER. 



Xo. 45U5, (/;. ()//'. /I'., lol. 2,) 1><74. 

Wasiiixotox, D. C, April 2'J, ls74. 
.James .\. Magru<ler writes. — " The governor wishes Mr. Fletcher's contract for lay- 
ing Hag footwalks on Third street settled. The work has been done, and Mr. F. says 
ilr. Cluss refused to send the measurements to thi- auditor. Will you please see that 
this is attended to ? Mr. F. will explain." H. A. Willard, Es(|. 
B(jARi) OF I'liu.ic Works, D.C., 

Mag 2, 1874. 

\ 



2200 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Board of Public Works, District of Columbia, 

Washington, May 2, 1874. 
Respectfully referred to Hon. Adolf Cluss, engineer in charge. 
If Mr. Fletcher's accounts are all correct, please have early action taken. 
By order of the board. 

FRANK T. HOWE, 

Chief Ckrk. 
Returned with letter. 
Very respectfully, 

ADOLF CLUSS, 
United States Engineer. 
True copy and indorsement. 

CHAS. E. BARNEY, 

Frin. Asst. Etufr. 

When this letter came at the same time, another letter came from that 
member of the legislature. He said I had treated him utigentlemanly 
and outrageously in not attending to him properly. My answer to that 
letter is here. 

By Mr. Mattingly : 
Q. Was that letter addressed to the board ? — A. Yes, sir ; it is dated 
May 1st, 1874: " Gentlemen : I wish to call your attention to the fact 
that, Wednesday, having an order from the governor," — but it is not 
worth while to read — my own letter is dated May 4th, 1871 : 

Board of Pitblic Works, District of Columbia, 
Office of Ciiikf of Engineers, 
Washington, 1). C, May 4, 1874. 

Sir : Your several messages in relation to the settlement of the account of Jos. H • 
Fletcher, for laying flagging around the Botanic Garden, have been received, the 
last one being an indorsement on the following letter, viz : 

" Dear Sir : The governor wishes Mr. Fletcher's contract, for laying flag footwalks 
on Third street, settled. The work has been done, and Mr. Fletcher says Mr. Cluss re- 
fuses to send the measurement to the auditor. Will you please see that this matter is 
attended to. Mr. F. will explain. 
" Yours, truly, 

"JAS. A. MAGRUDER. 
" H. A. Willard, Esq." 

Also two letters referred by yourself to me, one from Joseph H. Fletcher and th© 
other from C. J. Brewer, of the house of delegates, complaining of ungeutleuiauly con- 
duct on my part in the premises. 

In answer, I have to say that my reason for delay was the difflculty of examining 
the original contract (now in hands of investigating committee) so as to justify me in 
the insertion of a price which was reported to me as the contract-price, but which ia 
excessive, and which I And had been established by a correspondence between the vice- 
president and Mr. Oertly, an assistant of this oftice, Avithout having informed me of or 
consulted me in the matter. The extraordinary letters of Messrs. Fletcher and r)rewer 
I can only account for by their anxiety to have an account rushed through, which ray 
sense of responsibility forbade to pass without a close scrutiny, since the price charged 
is by no means an ecjnivalent of the material and services rendered in relaying. I ad- 
mit the assertion ascribed to me that 12^ cents would well pay where 34 cents per 
square foot is charged, but I am charitable enough to excuse them when they charge 
me with UDgentlcnianly conduct in refusing to swallow so big a dose without due in- 
vestigation. If I have erred, I am glad to know that it was on the side of the tax- 
payers of the District and of the generous Government by which the members of the 
board are paid. Further, I am proud to know, if I have erred on any other occasion, it 
was in the same direction. 

I trust that you will make efforts to have these parties retract their uncalled for and 
entirely inconsistent statements, since the interview, notwithstanding it was requested 
in a private room, took place with open doors, and in the hearing of Mr. B. Curran, a 
citizen of undoubted integrity. 

To show that I am above any personal consideration in a case like this, I herewith 
return certifled measurement of work done under contract of Mr. Fletcher, leaving 
the insertion of the price to the board or the vice-president, if they And that such, 
prices are fixed by an existing contract. 



TESTIMONY OF ADOLF CLUSS. 2201 

The work of Fletcher is completed as far as it can be clone at present, since, after 
consultiDg Mr. Smith, superintendent of iiotanic Garden, it is necessary that the 
inclosure-wall on Maryland avenue bo raised before the grading- and parking on that 
side can well be done: however, the miscellaneous pieces of tlagging lying around there 
ought to be returned to the property-yard. 

I have to add that I have kept copies of this whole transaction. 
Respectfully, &c., 

ADOLF CLUSS, 
Engineer in Charge. 
lion. 1 1. A. WirxARi), 

I'ict-l'residcnt, .jc. 

The Witness. Wlien this lettoi- was presented, Mr. Magruder com- 
l)huned of my alhisioii to him. He said he did not mean any disrespect, 
and so I said 1 was willing to strike that ont, and so the case stands. 
The bills have since been settled. First I had an order from the board 
not to pay for tlie parking, and then ^Iv. Fletcher went to sec the gov- 
ernor, ancl another meeting of the board took place, and then I got or- 
ders to pay for the parking. The parking is now most likely settled at 
this day. That is the whole transaction. 

By Mr. Mattingly : 
Q. Did yon not nnite with the remaining members of the board in 
settling Mr. Fletcher's contract.' — A. Yes, sir; 1 have jnst said so; I 
said 1 wonld not go against the majority. 

By Governor Shepherd : 

Q. Have yon any indorsement that I made on that letter of yonrs? 
It was referred to uie by the vice-president. 1 mean that letter of yours» 
where yon show snch tender regard for the sympathies of the tax-payers 
and the great Ameiican public ' — A. This is a copy of it. 

Q. Did yon copy the indorsement ?— A. The indorsement has never 
been shown to me. It is irregular. If there is anything, I do not know 
of it. 

Governor Shepherd. I regret that very much. 

By ^Ir. Mattingly : 

Q. Mr. Class, before we leave this Fletcher matter, did you not at the 
meeting of the board, while that was under consideration, when it was 
tinally settled, at tlrst refuse to agree with the other members of the 
board .' — A. In what ? 

Q. In settling with :Mr. Fletcher. Perhaps I can refresh your recol- 
lection. Were not the yeas and nays demanded, and you voted yea 
with the rest of them ". — A. Will you please to show the minutes .' 

Q. Do you remetuber that ? 

The Witness. Will yon please to show the minutes ? 

Q. Do you remember tliat'^ — A. I do not remember that exactly. 

Q. You do not rem«'mber that exa(;tly ? — A. I know so much that I 
said 

Q. What is your recollection of it .' — A. My recollection of it was — 
the question was, Mr, Fletcher pretended that he had been wade ta 
sign two <lilferent contracts, the tirst one 

Q. I am not talking of that; I am talking of the action of the board. — 
A. This is the answer : lie said in the lirst contract no parking was in- 
cluded, but was in the second. The (pn-stion before the board, as far 
as I recollect, was whether this jiaiking should be paid, and how the 
action of the board on that was I could not say without having reference 
to the minutes. Are the minutes not hen- .' 

(^ You could not state without looking at the minutes ? — A. Gf course 



2202 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

I always rely upon records. I am sorry that, a couple of times, I bav^e 
gone away from this, my firin rule, and against my will, and I have 
made some errors. 

Q. It has not been very long since this occurred? 

The AViTNESS. I have a good deal to do, Mr. Mattingly. 

Q. Has it been very long since this occurred? — A. No ; may be three 
or four weeks. 

Q. Do you think it has been that long ? — A. Well, this correspondence 
shows. 

Q. You read a letter over where Mr. Fletcher's contract or proposal, 
or something, for doing work at the Botanic Garden was referred to 
you, and in which the price was stated at 34 cents, did you not? — A. 
"Where I was directed to pay 34 cents. 

Q. Did you not at the time recognize the price of 34 cents as having 
been the price previously fixed by you ? — A. If it was new flagging it 
would have been ; yes, sir. 

Q. You did recognize the fact, then, that that price of 34 cents had 
been fixed by you ; is that so ? — A. No, sir ; I have asked for those rec- 
ords to be brought here, and they will show my action in unmistakable 
terms. 

Q. Did you at that time make any statement to the board, or any 
complaint, that the price was too high? — A. The records will show 
that; why do you not bring the records ? 

Q. J)id you or did you not? — A. Will you please bring the records? 
The records speak for themselves. 

Q. Can you not answer that question ? — A. I want the record to show 
What is on record, I go by. 

By the Chairman : 

Q. Will you not answer that question ? If you do not know, you 
should say so. — A. I could not say, sir. 

Q. If you do not know, you should state to the best of your knowledge. 
These gentlemen have a right to test your memory and your recollection 
about everything with reference to these matters. — A. I cannot recollect 
the details of these meetings. 

Ijy Mr. Mattingly : 
Q. If you did make any statement of that character, it was in writing, 
was it ? — A. I do not recollect. 

By Mr. Wilson : 

Q. What record is it that you want? — A. The letter where the vice- 
president addresses Mr. Oertly, fixing the price, and upon which he 
afterward tells me to pay 34 cents. 

Mr. HuBBELL. That is not the question of Mr. Mattingly, at all. His 
question is a i>erfectly legitimate one. Mr. Mattingly asks this witness 
if he did not know at the time that 34 cents was the established price. 
Then he asks him if he made any objection to fixing this price in this 
contract. His reply is that he wants the records. 1 think he ought to 
answer that question. 

The Witness. This letter shows on its face that it was old flagging. 
If this had been new flagging,it would have been quite dift'erent from 
old flagging. That is jointed and taken out of wind. This letter did 
not show that it was old flagging to be laid. 

By Mr. Mattingly : 
Q. Did you not know whether or not it was to be old or new flag- 
ging ? — A. Not at that time: no, sir. 



TESTIMONY OF ADOLF CLUSS. 2203 

Q. You did not know ? — A. No, sir. 

Q. Then tliat 34 cents is the proper price if it was new flagging- ? — A. 
It. is too mucli. 1 have explained under wliat circumstances I have 
signed tliis. The original ])aper will show that it was submitted to me 
in the handwriting of Oertly, and believing it was a small matter 

Mr. Mattin"(;ly. Ilere is the record in the Fletcher matter. 

IJoAui) or PuHi.ic Works, District of Columhia, 

Jl'ai^hingion, May 15, 1874. 

The board met at I'd in. 

Preseut, Messrs. Willard, May;riuler, Chiss, and Blake. 

* # # J* * # * 

In regard to the application of .Jos. H. Fletcher for allowance of the amount of park- 
inoj done by hini around Botanic Garden on Third street, and also the li) feet 
deducted from his account for Maryland aveuiu'. Dr. Blake moved that he be allowed 
rcj;ular board ])rict\s for the parkinjj; which lu^ had alifady done, and that the amount 
retained on account of that to l)c done be returned to him. 

Adopted unanimously, and the euirineer ordered to make up the account. 

The "Witness. That was the second meeting ; there was another meet- 
ing before that. It must have been about one week previous to this, to 
the best of my recollection. 

Q. Here is the other record to which you probably refer: 

BOAIM) OF PCLLIC WoKKS, DiSTlUCT OF COLUMIUA, 

JVaxhhiglon, May 11,1874. 
The board met at 12 m. 
Present: Messrs. Willard, Magruder, Cluss, and Blake. 

Hon. A. R. Shepherd, governor District of Columbia, was notified, in reply to his 
letter in reference to the accounts of Joseph 11. Fletcher for laying flagging around the 
Botanic Garden, on Third street and Maryland avenue, that the vice-president has 
carefully examiucd the whole case, with the contract before him, and finds from the 
examination of the contract and the communications and orders on tile, that the ac- 
counts which have already been forwarded to the auditoi'soflice are correct, according 
to his inti'rpretation, and this opinion is confiiined by other nu-mbers of the board to 
whom the matter was i>reseuted ; and if Mr. Fletcher is to l>e allowed anything addi- 
tional, it should come through a formal application. 
» » » » * * » 

The Witness. That is it. 1 will say here that at one meeting that 
sodding was refused to bei)aid for, ami intiie ne.vt meeting it was after- 
wards allowed. 

By Mr, Mattingly. 
Q. Then the governor, as I understand that, declineil, so far as he was 
concerned, to accede to an allowaiu;e for that ? — A. 1 understood that 
^Ir. FU'tchcr brought the letter from the governor, and the action of the 
board dei)ended upon this letter which came from the governor. 

l>y the Chairman : 

(^>. 1 see this .settlement was agreed to uTiauimonsly on IMay ir» ? — A. 
Yes, sir. 

(^. Was that settlement, as made then, a i>roper settlement .' — A. Well, 
according to my reading of tlie i-ecords, this flagging, or rather this sod- 
ding was not oiiginally in the contract. 

i}. I ask you if you think it was a proper settlement to make? — A. 
Well, a contract had been njade in a certain way and tliere was no 
way that I (Mjuid see to get ont of it. We had to pay it because they 
had agreed to i)ay it. 

(^. Uiuler all the circumstances you thought it was a ju-oper .settle- 
ment to make? — A. It was. 



2204 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. And you agreed to it? — A. I agreed to it; yes sir. After I bad 
stated my position, I stated in ttiis letter that I did not want to be 
captious. 1 liave here a voucher of John O. Evans. He writes to the 
board : 

Washington, D. C, August 28, 1373. 

Gentlemen : The following work done bj' me under contract with your board has 
been completed, and I would respectfully request that a final measurement be made 
and that the auditor settle the account for the same, viz : 

Seventh street south, between B north and B south. 

Twelfth street south, between B north and B south. 

Fourteenth street south, between B north and B south. 

B street north, between Twelfth and Fourteenth west. 

Reservations: Farragut Square, P-street circle, and Connecticut avenue. 

Sixteenth street, Massachusetts avenue, and Rhode Island avenue. 

Mount Vernon Place, intersection New Yoi'k and Massachusetts avenue. 

Seventeenth street, between New York avenue and B street north. 

Would also like a partial estimate on B street north, between Fourteenth aiul Seven- 
teenth. 

Respectfully yours, &c., 

JOHN O. EVANS. 

To Hon. Board Pum.ic Works District of Columria. 

[First iudorsi'inent.J 

Messrs. Oertly and Barney will have these measurements made at once and report. 

A. R. S. 

[Second iuilorsement.J 

The following work has been completed by John O. Evans, esq., viz: 

Mount Vernon Sc^uare, flagging complete $29, 665 20 

Scott's Statue, flagging, complete ) 

concrete, complete ,- 51 , 672 1.5 

brick pavement, complete S 

P- street circle, flagging, complete 10, 494 00 

Triangular reservation west of P and Nineteenth-street circle, flagging, 

concrete, and setting curb, complete 11, 254 00 

Farragut Square, flagging, complete 8, 243 40 

Seventeenth street, northwest, from New York avenue to B street north, 

concrete, curb, and filling, complete 41,960 88 

Fourteenth street west, from B to B, flagging and Belgian pavement, com- 
plete 60,913 50 

Twelfth street west, from B to B, flagging and Belgian, complete 61,756 50 

Seventh street west, from B to B, flagging, complete 28, 797 30 

Complete work 304,736 93 

Partial estinuite of work on B street north, from Twelfth to Seventeenth, 

flagging and Belgian pavement 70, 000 00 

374, 736 93 

Most respectfully, 

B. OERTLY, 
September 2, 1873. Deputy Engineer. 

[Third indoiseinerit.l 

2757, 2758, 27.59, 2760, and 2761.] 

John O. Evans. Audited for $85,000. Mount Vernon Square, $20,000 ; P-street cir- 
cle, Farragut Square, $20,000; Scott Square and reservation, $14,000 ; Seventeenth 
street. New York avenue lO B north, $16,000 ; B north. Twelfth to Seventeenth west, 

$35,000. 

Received certificates Nos. 27.57, 2758, 2759, 2760, and 27()1, dated September 2, 1873, 
for $85,000. JOHN O. EVANS. 

The indorsement on that is in Mr. Shepherd's hacdwriting in pencil: 

Messrs. Oertly and Barney will have this measurement made at once and report. 

A. R. S. 



TESTIMONY OF ADOLF CUSS. 2205 

15y Mr. :\IATT1NGLY: 

Q. What is the date of th;it letter .'—A. Aiioiist 2S. 
13y jMr. Hubbell : 

Q. Did you uot testify the other day that that was referred by the 
vice-president to Mr. Oertly 1 — A. Yes, sir. Mr. Barney has told me — 
I liave asked him — tiiat he has never seen this pajjer. Mv. Oertly has 
taken eharge of it. Now, two days only after Mr. (3ertly here — not 
j\Ir. IJarney — reports — this is on the liSth Aujitist, and then on the 2d 
September Mr. Oertly reports as havinfj; been completed by John O. 
Evans, esq., the streets which appear by the indorsement of September 
2, ISTo, on the letter of Aui;nst 28. 

The Witness. JJefore I leave this pai)er I wish to say of course in 
many cases vouchers bore Mr. ]>arney's signature, and that such meas- 
urements as those are made by Mi'. Oertly and Mr. JIarney as i)roper, 
Mr. Oertly being- his equal in tlie office. After he made the measure- 
ment he considered it merely as a clerical formula that lie put his name 
on it. However, 1 lind in this measurement some amounts are bigger 
than the vouchers are when the work was finished. It shows the super- 
ficial way in which this woik was done. This ])aper [indicating] shows 
that this was referred to Messrs. Oertly and Barney, and not to me. 
Here is an indorsement: " Keferred by Mr. Shepherd to the engineer." 

By Mr. Mattingly : 

Q. This is the statement on the back of the wrapper made by the 
clerk ! — A. No ; this is an abstract. 
Q. Made by the clerk ?— A. Yes, sir. 

By Mr. Hubbell : 

Q. That is a wrapper ? — A. That is the official wrapper. 

Q. This was done by the clerk ? — A. Y'es, sir ; but he makes the ab- 
stract. But I say how inexact he is. He only has said " referred by 
Mr. Shepherd to the engineer."' J will show that some of the final 
vouchers were smaller than those. Where is my voucher-1)ook, Mr. Mat- 
tingly ' You had it last. 

Mr. Mattingly'. I have it here, if you desire it. 

By Mr. Hubbell : 

Q. I would like to ask Mr. Cluss a question on this. [To the witness.] 
How long after this estimate was made by Mr. Oertly before your atten- 
tion was called to it '. — A. It was some time afterward. 

(}. About how long .' — A. Well, a couple of weeks, I should think. 

Q. Hid you at that time think it was an overestimate ? — A. Mo, it is not 
so big an overestimate that J could have noticed it. If, for instance, 
there is s;;4,0()0 ]»artial estimate and the final estimate comes to only 
i<;j;5,0()(> or >«;i2,.")()0, the difference is not big enough so that I could be 
called upon or would be liable to find it out. But I just instance that 
to show the inexact way of doing things. 

Q. All the point you make there is that it is an irregular way of 
doing the work ? — A. l^es, sir; that is my whole comjdaint. 

By .Mr. :\rATTlNGLY : 

i). Did not either Mi\ J5arney or .Mi. Oertly make all the i)aitial meas- 
urements ! — A. Never without my knowledge, except in these cases of 
Mr. Evans and Mr. Gleason. 

Q. Did Mr. Barney make partial measurements? — A. Yes, sir; but 
he alwavs showed them to me. 



2206 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Were they not paid on Mr. Barney's certificate ? — A. Yes, sir ; they 
were sometimes. 

By the Chairman : 

Q. Mr. Cluss, let me ask yon a question abont this : Do you call that 
an estimated [referring to document.] — A. Yes, sir; all tliis work has 
been ])aid for. 

Q. That is not my question. Do you call that an estimate"/ — A. No, 
sir; I call it a very careless way of doing business. 

Q. Is it an estimate f — A. It is so considered by the auditor. 

Q. It is not under any of your forms ? — A. The auditor has taken it, 
and has paid it. 

Q. Not at all, as appears from that paper. Do you know that that 
estimate has been paid ? — A. It shows there. 

Q. Do you know that it has been paid ? — A. I have looked in the treas- 
urer's report, and I find that money has been paid on that. I could not 
recall the columns. 

Q. Do you mean to say that from that paper the estimate there has 
been paid by the auditor ? — A. That is my best impression. 

Q. Read, and see how much was paid upon tliat estimate by the audi- 
tor?— A. Audited for $85,000. 

Q. Read the whole paper. 

[The witness here read indorsement of September 2, 1873, as follows :] 

[Second indorsement. | 

The following work has heeu completed by John 0. Evans, esq., viz : 

Monnt Vernon Square, flagging complete $29, 665 20 

Scott's Statue, flagging complete ) 

concrete, complete S 51,672 15 

brick pavement, complete ) 

P-street circle^ flagging complete 10, 494 00 

Triangular reservation west of P and Nineteenth-street circle, flagging, 

concrete, and setting curb, complete 11,254 00 

Farragut Square, flagging, complete &, 243 40 

Seventeenth street, norhwest, from New York avenue to B street north, 

concrete, curb, and filling, complete 41, 960 88 

Fourteenth stret west, from B to B, flagging and Belgian pavement, com- 
plete 60,913 50 

Twelfth street west, from B to B, flagging and Belgian, complete 61,756 50 

Seventh street west, from B to B, flagging, complete 28, 797 30 

Complete work 304, 736 93 

Partial estimate of work on B street north, from Twelfth to Seventeenth, 

flagging and Belgian pavement 70, 000 00 

274,736 93 
Most respectfully, 

B. OERTLY, 
Septmber 2, 1873. Deputy Engineer. 

Q. Now, I see this paper on one side of it is for $374,736.93, and on 
that side is an audit amounting to a little over $100,000. I want to 
know if it is from this paper that you say the $374,000 has been paid ? 
— A. Two similar vouchers were passed like this — that in the aggre- 
gate. It is always our way of business to carry one forward from the 
voucher. 

Q. Wait a moment. I only want to get at the fact. What you mean 
to say is that the previous partial estimates and payments, and this 
$85,000, made $374,000 ?— A. Not exactly. I could not say that, you 
know. 

Q. Well, that is what I want to get at. 



TESTIMONY OF ADOLF CLUSS. 2207 

By 'Mv. .AIattingly: 
Q. Do you not know it does not .' — A. ]\Io.st likely for the exaet set- 
tlement he would wait for the linal voucher. 

By the Ciiair:max : 

Q. AVhat we want to get at is this: You present this as a \'oucher, 
as an estimate, and we want you to show us how it ajijiears from this 
that 8374, ()(K) were paid, because it appears on one side of this pai)er 
that only ssr),(l()0 was paid. — A. If that is the case, then I have to ask 
for the informal voucher of July 1', and then for the informal voucher of 
July -0. There are two informal vouchers which will make the total 
amount. 

The Chairman. Let those be produced. 

By Mr. ^rATTiNGLV : 

Q. Final payment for that was made on the tinal voucher ajtproved 
by you * — A. Yes sir. 

By the CiiAimiAN : 
i}. Then that is not a hnal voucher ". — A. Xo, sir; but it is a voucher on 
which money is i)aid, and which ought, in my opinion, to go through 
the regular course of business as soon as the others. 

By Mr. Stewart : 
Q. Is that the one that you said was fraudulent? — A. O, no. 
Q. Has there been a tinal settlement f — A. Yes, sir; here they are. 

By the Chairman : 

Q. This particular street? — A. Yes, sir; exactly. 
By Mr. Stewart : 

Q. For this same thing can you show the tinal settlement? — A. Yes, 
sir. 

Q. Who certified to the final settlement ? — A. I did, sir. I certified 
to the final settlement. 

Q. The tinal settlement on these were correct ? — A. The figures were 
somewhat changed. My impression is they were brought down in 
several cases, about a 81,000, perhaps. 

Q. I mean the final settlement was correct ? — A. Yes, sir. 

(^. Then John O. Evans was not overpaid in this matter ? — A. He 
was paid what they agreed to pay him. 

Q. I say he was not overpaid beyond his contract in the matter ? 

A. Not beyond his contract. 

Q. There was no fraudulent measurement in this transaction .' — A. I 
have said that before. 

i}. Then what you complain of was that -"Mr. Oertly made the partial 
measurement ?— .V. Yes, sir. 

Q. And that they i)aid money on his partial measurements ? — A. Y'es, 
sir. 

(.}. Hut when you come to make a final settlement, it was submitted 
to you, and it was correct ? — A. Yes, sir. 

Q. Was anybody injured by the transaction at all ? — A, It is an irref*- 
ular i>roceeding. 

Q. 1 mean was there any injury ? — A. I have not complained of any 
fraud so lai-. I have complaiiuid of the great irregularities that existed 
in our office. 

Q, The irregidarities that exist in Mr. Oertly's makingjthese measure- 
ments ? — A. Well, in many similar cases. 



2208 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q, Well, I am speaking- of this particular trausactiou. You say it 
was referred by Mr. Shepherd to Mr. Oertly ; the paper shows that it was 
to Mr. Oertly aud to Mr. Barney. — A. Yes, sir. 

Q. They were the men iu your office who were doing the work, were 
they not? — A. Yes, sir. 

Q. When that was indorsed that way, it was sent to your office, I 
suppose ? — A. JMost likely iu those cases, and iu a case like this, Mr. 
Evans himself 

Q. What is the fact ; do you know anything about the fact in this 
case ? — A. It did not come to the office in the regular way, otherwise I 
would have known it. 

By Mr. Mattingly : 
Q. Eefer to the record. — A. Here is the record. I have it here. 

By Mr. Stewart : 

Q. Is there any note of this coming to your office ? What was the 
order of the board f Is there anything in the record to show that 1 
What have you iu your hands ? — A. I have here the record of my office. 

Q. What entry did you make? — A. "August 28. John O. Evans 
asks estimates for the following work done under contract with the 
board of i)ublic Avorks." 

Q. That entry is spread iu full upon your minutes ? — A. Yes, sir. 

Q. When this order to have the survey made by Mr. Oertly and Bar- 
ney was indorsed by the vice-president it came to your office and was 
spread ui)on the books'? — A. Yes, sir ; it is marked here "informal." 
Now, I think w here $374,000 of public money is invested, matters aud 
things ought not to be passed so informally. 

Q. It is marked "Informally'?" — A. Yes, sir. 

Q. When was that mark made"? — A. At the same time. 

Q. Then it was not secret at all ? Y'ou knew all about it ? — A. No, 
sir ; I did not until some time after. 

Q. Were you not in the habit of looking over this book ? — A. I have 
told you before that I looked occasionally over those books; not every 
day.' 

By Mr. Hubbell : 
Q. Was it not your duty to examine that record all the while, to know 
what was being done? — A. Yes, sir; to be sure, I did so; but I could 
not look over it every day. 

By Mr. Stewart : 

Q. How soon did you see this when it was spread on the books in 
your office after it was done f — A. Shortly after. 

Q. When you saw this upon the book in this way, was this word "In- 
formal" written there when you Urst saw it? — A. Yes, sir; I think so. 

Q. By whom was that written "1 — A. Most likely by the same clerk 
who wrote the whole transaction here. 

Q. The clerk who entered it? — A. Yes, sir. 

Q. What clerk entered it ? — A. I think it must have been Mr. Stim- 
son. 

Q. Did he call your attention to it at all? — A. No, sir. 

Q. But you saw^ it a few days afterward? — A. Y^es, sir. 

C^,. When you saw it a few days afterward entered on the books, did 
you find what had been done — if the surveys requested there had been 
made ? — A. I spoke to Mr. Oertly about it, and told him that he must 



TESTIMONY OF ADOLF CLUSS. 2209 

not do this aji'niii. I proliibitod him from (h>iii,n" work coiicoah'd from 
uw — official work. 

(J. Was tliis conceakMl 1 — A. In a work like this I expect that any one 
of my assistants inform me what was goin^" on. 

(;>. Was it not spread npon the records in your office before the snr- 
veys were made '! — A. After the snrveys, do yon mean ? 

Q. Well, at the time, was there any concealment about itf Here it 
is dated 2Sth of August. — A. Yes, sir; and here again. 

Q. Was not this entry made — the request of John O. pjvans put here — 
on th(^ 28tli of August, wheu this was received ? — A. Well, it might 
have been ; you see that is the date of the paper ; it does not show the 
date of the entry ; it might have been entered several da>s afterward. 
The date of Mr. Evans's letter is shown here; the date of the entry is 
not shown. 
(\>. If a pai)er came into your office informally, whose <luty was it to 

, correct that informalitv and see that it went straight through the 

I office ?— A. My duty. 

i}. Did you ever call this to the attention of the board — the fact that 
a i»aper had passed through your office that was not a<ldressed to the 
])r()per head of the offi(!e, to you ? — A. Well, I have stated before, I 
have complained so often about these little things 

t Q. Well, if you can say yes or no to this ])articular question we can 
get along much faster. Did you call attention to the fact that this 

I paper was not addressed to you but was addressed to Oertly and Bar- 

I ney ? That is the informality ; if it had been addressed to you, it would 

' have been all right, would it not? — A. Yes', sir. 

. Q. So that the re(]uest being made to the subordinates was what you 

I complained of ? — A. Aiul sending a subordinate out on such important 

' work, without the knowledge of the head of the office. 

I i). It' it had come to you you would have given the order to send 

I them out ? — A. Yes, sir; I would have looked at this before it went 

, through, it was such a large voucher. 

( Q. You would have let them measure it in any event ? — A. O, yes, 

I sir, of course. 

(^. Xo matter if it had been addressed to you, you would have sent 

j out and had the measurement made'? — A. Yes, sir. 

I Q. .Vnd wheu it would have come in you would have looked at it ? — 

I A. I should have sent out one of the regular men on the street with a 

J measuring party. I should not have sent Mr. Oertly out with a tape- 

I line. 

; i}. Did you, every time when an order came for a survey, always see 

j that order? — A. Y'es, sir ; unless I Mas sick or was absent. 

Q. Did not orders come for surveys to the office, and was it not the 
duty of those in the office to take tiiem up, and go and make the sur- 
veys as soon as they could ? Uowever, you have not answered my ques 
tion yet whether you called the attention of the board to this particu- 
lar irregularity of not addressing the communication to you. — A. As 

! to Mr. Shepher<l's a(;tion 

I Q. Xo matter about that, <lid you call the attention of the board to 

I that ? — A. At a later date I disco\ered 

1 Q. At this time did you speak about it? — A. No, sir; I did not. 

By Mr. Wilson : 
I Q. Did you consider it particidarly important that you shoidd call 
\ the attention of G()veriu)r Shepherd to the fa(;t that lie hail directed 
{ Oertly and Barney to do this work ? — A. No, I did not; 1 thought by 
I 139 DOT 



2210 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

prohibiting Mr. Oertly from following the governor's directions in the 
same direction I had done my duty. 

By Mr. Stewart : 

Q. If any member of the board was doing business irregularly, was it 
not important that yoii should call the attention of the board to it at 
once? — A. Yes; but Senator, 1 would have had to speak all day if I 
wanted to take offense at everything. 

By the Chairman : 
Q. Did you call Governor Shepherd's attention to it? — A. Xo, I did 
not. 

By Mr. Wilson : 

Q. I understand you to present this, not as sh'owing that there were 
any fraudulent measurements made, but showing irregularities in the 
manner of doing the business in the olfice of the board of public works. — 
A. Yes, sir; especially this public money — United States money. 

Q. That is the purpose for wdiich you present this f — A. Y"es, sir. 

By Mr. Mattingly : 

Q. Now I understand your comi)laint to be this partial measurement 
was done by Mr. Oertly, on the order of Governor Shepherd, without 
your knowledge f — A. Yes, sir. 

Q. That is so, is it? — A. Yes, sir. 

Q. If it had been done with your knowledge, would it not have been 
done in the same way ? — A. It might have been done in a similar way. 

Q. AVould it not have been done in the same way '? — A. 1 do not know 
that. 

Q. Is not your record full of cases where with your knowledge both 
Mr. Oertly and Mr. Barney have made partial estimates on w^hicli pay- 
ments have been made in the same way ? — A. If it would have been 
made in the regular way by my assistiint, it could not have been made 
by Mr. Oertly ; it w^ould have been made by the regular assistant on 
the line of work who has seen the work proceeding. 

Q. Was not Mr. Oertly that man ? — A. No, sir. 

Q. Who was f — A. That w^ould have been in Mr. Franklin's district ; 
then Mr. Franklin would have reporte<l it to Mr. Barney, Barney would 
have checked it, and then it would have gone to me for approval ; that 
is the regular system. Instead of this, Mr. Oertly, not subject to any- 
body, sent it in, and such a system is liable to abuse. This is the com- 
plaint I n)ake; I do not say fraud, but it is an improper system con- 
nected with large sums of x)ublic money. 

Q. Do you, or not, know that the final vouchers for- this same work on 
which final payments were u)ade, the vouchers being approved by you, 
amounted to $40,000; that these partial measurements did not amount 
to the full value of the work by $40,000 ! — A. I could not say that. 

Q. Can you tell if you look at the vouchers? — A. According to this 
measurement, when it went down there approved, the auditor would 
have been justified in ])aying the whole amount. If for some reason or 
another a part of it was not paid, that is not a question of principle; 
the question of principle which I have mooted I have clearly stated. 

Q.. AVas it not a rule of the board to ft>rbid the auditor to pay in full 
on partial measurements"? — A. Yes, sir ; but it is one of those rules 
which are as sacred in their violation as in their keeping. 

Q. More honored in the breach than in the observance, eh ? — A. This 
rule is on the record ; but then you will, by looking over the records, 



TESTIMONY OF ADOLF CLUSS. 2211 

fiiul that ill many cases — as, for instance, when I examined that case of 
Connolly, on Mass ichnsctts avenue, I believed that those were all 80 
per cent, retained, 1 found that he had been paid in full in every jiartial 
measurement. 

Q. (Handing voucher to witness.) la not that approved by you ? 
That is your .'.iguature, is it not I — A. Yes, sir. If you would have 
brought the whole transaction, you would have found that all the par- 
tial measurements had been paid in full instead of retaining 20 [ler cent., 
as was the usual case. We had nothing to do but to say that this is 
the amount stipulated by this commission for assessing damages. We 
made it out iu good clerical shape. 

By Mr. Mattingly : 

Q. That is the tinal voucher on which payment was made! — A. Yes, 
sir ; that is the flnal voucher. 

Q. And it is approved by you ? — A. Yes, sir; according to the award 
of the commission. It certities that this corresponds with the award of 
the commission. 

Q. Here is the letter which you have stated was private correspond- 
ence between the vi(;epresident and Mr. Oertly. — A. I have said it was 
a correspondence private from me; that is what I mean to say. 

Q. You did not say so on Wednesday last? — A. Very well. [The 
witness here read the following letter :] 

Board of Public Works, District of Columiua, 

iFmhingtOH, January 7, 1873. 
Sir : General Babcock, by the law, is requested to prove the prices paid for the 
work (Idue around Goveninicnt property. In order to do tliis ho must have the iieces- 
■^ary iiit'oriiiatiou. and you will take a copy of contract for (^ach particular description 
of woik included in said bill and deliver in person to hiui this evening. You will also 
furnish him with such other information upon the subject as he may require. After 
he is through with them return them. 
Very respectfully, 

ALEX. R. SHEPHEED, 

Vice-President. 
Mr. Oertly. 
[True copy.] 

The Witness. That shows that this application, which was paid ou 
the 12th of January, 1873, was taken in hand first on January 7. It 
was done without the knowledge of the engineer iu charge by one of his 
assistants acting under the direct orders of the vice-president of the 
board. 

Governor Shepherd. The measurements by General Babcock, as I 
stated, were begun on the 23d day of December, three days before Mr. 
Cluss was appointed engineer of the board, and Mr. Oertly was detailed 
for that puri)ose. 

The Witness. On January 7th 

Jiy Mr. Mattingly : 

(}. You said this morning in your opening statement that considera- 
ble prominence had been given to your testimony. Did yon not natu- 
rally su[>i>ose when, as a member of the boaid of imblic works, yon took 
the stand and made the statements that you did, that prominence would 
be given to your testimony ? — A. Yes, sir ; I did. 

Q. You appreciated that fully, did you '. — A. I said the ])rominence 
given to my testimony in relation to tiagging. 

(i. Then you do not mean to be understood as saying or implying that 
any undue prominence has been given to your testimony in any other 



2212 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

respect?— A. I had just this point in view. I do not say whether or 
not that is my view of other matters. 
By Mr. Hubbell: 

Q. 1 did not hear what you said, sir.— A. I jnst had this point of 
tlaogiiio- in view, of which the counsel has made so much. I thouo-ht 
that 111 justice to myself the whole truth should be known. My reputa- 
tion for many years is at stake, and I believe that the technicalities of 
counsel yesterday tried to take this hard-earned reputation from me. ' 
By Mr. Mattingly : 

Q. When, as a member of the board of public works, you took the 
stand, and under oath made the statements that you <lid, did you not 
naturally suppose that prominence would be given to your testimony 
in every particular '?— A. I did not think much about that— yes or no. 

Q. \ou did not think much about it?— A. I only knew so much 
that yesterday about this case so mucli had been made of, and I wanted 
my position to be stated before the community and the country. 

Q. You have been neither blind nor deaf as to the prominence which 
this investigation has assumed, have you ?— A. I am not reading news- 
papers much. I am a professional man, and I attend to my business. I 
do not know much that is going on. 

Q. That is the only answer you have to make to that question, is it '?— 
A. Yes, sir. ' 

Q. Did you appreciate fully the position that you were taking when 
as a member of the board of public works, you made the statements 
whndi you did under oath ?— A. I answered the questions nnder oath 
i did not volunteer any statement. 

Q. When you answered the questions that you did under oath ?— A. 
I did answer them conscientiously. 

Q. I am not questioning you as to that. I ask you whether you did 
not fully appreciate the importance of what you were doing ']—A On 
that account I answered so frankly, because I fully apprecated the iiosi- 
tion. ^ 

Q. You did fully appreciate it, and on that account you answered so 
frankly and so conscientiously ?— A. So frankly I said. 

Q. You did not say so conscientiously ?— A. No, sir; I did not 

Q. Well, I misunderstood you then on that point. I thought you did 
Fully appreciating, as you say, the importance of what you were dcino- 
and answering so frankly, were you careful and particular in makino- 
the answers that you did?— A. I may have erred in formalities, in sub"^ 
stance I am correct. It is not worth while to repeat the question I 
believe yesterday that I stated that in full. I would not like to takethe 
time of the committee to repeat it. 

By Mr. Mattingly. I offer in evidence the letter of Mr. Shepherd 
which was alluded to in reference to Mr. Fletcher. It read as follows : 

WAsniiVGTON, Ajml 25, 1874. 
Dear Sir : Mr. Joseph H. Fletcher wants his accounts settled. Please give his case 
the attention it needs. 
Yonrs truly, 

TT XT A A17 A- K. SHEPHERD. 

Hon. H. A. WiLLARD, 

Vice-President of the Board of rahlic Works. 

The Witness. There is another letter which I have asked for which 
IS not forthcoming— the letter of Governor Shepherd to Mr. Oertly fix 
mg the price of 34 cents for flagging, which was taken out of wind and 
lomted ; that was asked for long ago. 



TESTIMONY OF ADOLF CLUSS. 2213 

By Mr. Mattingly : 

Q. Have you a copy of your testimony ' — A. I have not, sir ; I have 
not been furnished with one. 

Q. I mean on the iirst day of your examination ! — A. I have just asked 
for one, and have it here. 

Q. Turn to page 12055, if you please. This testi^mony was given by 
you : 

Q. Who measnrod the work of the Evans Concrete Company ?— A. Mr. Williuui 
Forsyth. 

Q." Under whoso direction was that done ?— A. Under the direction of Mr. Henry 
A. Wilhird, most likely, or on the order of the ijoveruor. I am certain I did not desig- 
nate him. 

By the Chaikmax : 

Q. Did you object to his being designated ? — A. I did not know he was designated. 
I only found the bills when they were measured. 

By Mr. Wii.sox : 
Q. When they wore returned to the office ?— A. Yes, sir. 

By the Chairman : 
Q. Did yon certify to them ? — A. No, sir. 

Q. Did yon refuse to ?— A. They were never presented to me. If they have been 
passed, it was without my notice. 

The Witness. That is correct. 
Q. Then further down : 

Q. They were measured over — the final estimate — by Mr. Forsyth ?— A. Yes, sir. 
Q. Certilied to by him ? — Yes, sir. 

The Witness. That is so. This whole testimony has reference to this 
measurement upon which the settlement is being made now. The re- 
measurement of ^[r. Forsyth of all previous work, under special orders 
by the vice-president, in September last, for which 1 have the voucher 
here. Work before, in some cases, I had signed: but in September of 
last year Mr. William Forsyth was directed, without my knowledge, to 
measure u]) and remeasnre this whole work, and this is the measure- 
ment upon which the st^ttlement is based. Tlierefore, of course, in my 
testimony I liave reference to this measurement of Mr. Forsyth, of 
which there are twenty-three vouchers signed by Mr. Forsyth, upou 
which the final settlement is based, and this is mainly the work which 
Evans & Co. have done. 

Q. Has there been any final .settlement f — A. There are some more 

i}. Has there been any final settlement ? — A. Well, the work was not 
accei)table, and so they ke[)t about s(i(>,0(>0 bade. 

(^ Has there been^iny final settleisient ? — A. That is between the 
treasurer ami the auditor ; the vouchers have lelt my oflice. 

Q. Has there been any final settlement if — A. Ask the auditor, 

Q. Do you not, as a mend)er of the board of i)ublic works, know 
whether there has been or not'/ — A. 1 know tiiat a final settlement has 
been made, or rather is being made — is in i)r<>gres.s — u[K)n these vonrhers 
of Mr. Forsyth, and not ui>on any signed by myself. 

(^. Has any final s<'ttlement been nuide ? — A. The final settl(>ment has 
not been ac(;omplished yet lor the reason that a good many ot the. roads 
of this iOvans Concrete Com[)any are out of order and want to be juit 
in repair. 

Q. State whether you ever received that letter, [referring to leltcr,] — 
A. I remember to have received the letter; but this refers to an insixM-- 
tion of work, and not to measurements. 



2214 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Mattingly. The letter reads as follows : 

fMark replj No. 7127, vol. 3, 1873.] 

Board oi- Public Works, District of Colu.mbia, 

Washington, August C>, 1873. 
Sir : I am directed by the board to request you to at once make a tborougb inspec- 
tion of all work done by the Evans Concrete Company, and report what is out ol order 
and wliat is necessary to be done in defective work for it to accord with the specifica- 
tions of the contract. 

Very resijectfnlly, 

CHAS. S. JOHNSON, 

Assistant Sccrctarg. 
Hon. A. Cluss, 

Engineer in charge. 
True copy. 



Chief Clerk. 

The Chairman. I want to call the attention of Mr. Cluss, Mr. Mat- 
tingly, to one matter here. On the 22d we received this telegram : 

Nkw York, May 22, 1374. (Received 1.06 p. m.) 
To the Chairman District Investigation Committee : 

Learning that your engineer has reported that in no case has he found the measure- 
ments of the board correct, or less than they should be, I would respectfully ask, if 
consistent, that you appoint auy competent engineer to remeasnre with me my entire 
work, at my expense, as I want not one cent that has not been honestly earned. 

C. E. EVANS, 
President Evans Concrete Company. 

I mention that, in justice to Mr. Evans, I received that telegram three 
or four days ago. Of course, he is in error in the first part of it as to 
what has been testified to by our eugiueer. But you will see, Mr. Cluss, 
that he proposes to have any of his work measured at his own expense. 

The Witness. O, yes. In this whole concern of the measurementsot 
Mr. Evans I have not charged fraud. I have charged irregularity and 
the impossibility for an engineer to do his full duty, if those irregulari- 
ties occur every day. I have not charged any fraud. In the com- 
plicated business which we have liere, it is impossible, unless the engi- 
neer in charge is posted about all the little details of what is going on, 
to get on. 

By Mr. Mattingly : 

Q. Do you not think that the whole tenor of your direct examination 
was to produce the impression that you were making serious charges of 
fraud ? — A. In all the facts I speak about irregularities. If anybody im- 
plies fraud, it is the facts which bring it out, not by my humble person. 
I have re[)orted the facts. 

Q. Do you think the facts as stated bj' you, and as reported as testi- 
fied to by you, would naturally cause any one to infer fraud f — A. It is 
not for me to draw inferences ; it is not for me to indict or acquit. I re- 
port the facts, and it is for the committee to draw conclusions. 

Q. It is for you to produce impressions acccording to the mode in 
which you testified ? — A. I have my tables here, sir, and I am ready to 
be tried on them. If on one avenue I find among my records $9,000 
have been paid to a contractor, and I find in the Governors Answer 
that $10,000 have been charged to the Government, it is my duty to re- 
port fearlessly, and I will do it. 

Q. Did you do it? — A. I have this complicated machinery for finding- 
a letter according to the way they do business in the board of public 



TESTIMONY OF ADOLF CLUSS. 2215 

works, 1 would get it in a minute, but tliey have it in tliis way. Here 
is a gentlcnian, not exactly in eharge of tliese books, but connected with 
the oilice. But I say their system is so complicated that if you want to 
find a single reference to a letter of August (>, you have to waste your 
time for ever so long. And this is the troul)le. 

Q. Did you not have control of the macliinery by. whicli you (jould 
enter letters and answers that were made, so that you could tiiul them ? — 
A. I have tried as mucli as I could to keej) in the old (;hanuel, because 
the board did not want serious changes. That originated by the l)oard. 

Q. Did the board ever order you or anybody in your ottice not to make 
any cliauges in the operations of the oftice as to tlie tiling aiul recording 
of letters? — A. No, sir. 

Q. Then this is the fault of the board that your clerk cannot tind 
that letter I — A. It is the fault of the organization of this oftice. 

Q. It is not your fault ? — A. No, sir; not quite. 

Q. Nor the fault of your clerk '? — A. If I go to the auditor and want 
a single bill, it is the same thing as here. 

Q. O, I reckon not. — A. Tiiey look in all the jii^eou-holes until they 
can find one. I do not say that there is any fraud in it, but I say that 
there is that difficulty of the control of such a system. 

Q. Do not you think it is a little singular now that letters whi(!h you 
have called for duiiug the course of your testimony this morning and 
papers, even after they have been brought here, can be produced so read- 
ily ? — A. I have not l)een shown Mr. Shepherd's letter to ^Ir. Oertly 
about that 3J:-cent fiagging. 

By Governor Shepherd : 

Q. We will have it here if such a. letter is in existence. The other 
things that you called for were brought here, were they not ? — A. I 
had to wait long enough fortius voucher. 

Q. You did not wait five minutes? — A. I have asked for the papei's 
on flagging. Where are they ? 

Mr. MattinGtLY. Now, to go on with this Evans Concrete Company 
jiavement business, here is the certificate of measurements signed by Mr. 
Barney and yourself, of Connecticut avenue, northwest, between H street 
and P-street circle. That is your signature, is it not? — A. Yes, sir. 

Q. Is ]Mr. Forsyth responsible for that ? — A. No, sir ; not for this one. 
It seems that a couple of my measurements, and most likely you will 
find some more measurements done, for instance. K street, whicih I re- 
member to have signed; but this was for work finished after ^Ir. For- 
syth had finished his work. 

]Mr. Mattingly. Yes; I will show you one after a while where you 
have made a mistake of •S10(),()U(). 

The Witness. Produce it. 

Mr. Chkisty. I shall certainly ol)je(;t to these commentaries of coun- 
sel as to the facts that he expects to prove. 

Mr. Mattingly. If Mr. Class will answer the (pu'stions plainly we 
will get along. 

Q. I find here charged 3,310 feet ofcir(!ular curbing. — A. I will lind 
the co])y, most likely, from which it was made from Forsyth's xoiu'lu-r. I 
think Mr. Barney, i)erhaps, committed that imprudence of c<y])yiiig Vov- 
syth's voucher, whicli I have just shown you heie. 

Q. And then you committed tlie further imprudeuc(> of indorsing 
I)()tli of them. Is that it ' — A. I committed the imprudence of not 
going upon the grouml and imtting a straight-edg** on it. Now, here is 
the \<jucher; let us comi)are and see whether this is a copy of Fors\tli's 



2216 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

vouclier of September 10, 1873, That is uo voucher at all ; it is a little 
extra bill— la.vitio- of triininiuo- and hanliug. The voucher is here, cou- 
taiiiiiig- hiuulreds of thousand^ of dollars, signed by Forsyth ; and here 
is a little voucher, for instance, for curb hauled from G-street wharf 
curb hauled from Sixth street, northwest. Of course it looks like sonie- 
thing- big- because the amount is not carried out. You see that is the 
the fault of the" system again. If the amounts were carried out I could 
tell you at once. That is a bill for what? For ,$138,774, passed by 
Forsyth, and here is one perhaps for $100 or $150, passed by Mr. Bar- 
ney and Mr. Class. Where is the mistake of $100,000? It is $100, 
most likely. 

Q. O, I will show it to .tou beibre long. Do not be in a huiry. IJid 
you not approve the final voucher on which that curbing was paid for, 
as circular curb around P-street circle f— A. Not to the best of my 
knowledge. This is Mr. Forsyth's voucher. This is just trimming. 

Q. Then if you simply adopted Mr. Forsyth's voucher and signed all 
these vouchers nieiely because they were presented to you, there was 
no use in having you theie as the head of this engineer department, 
was there?— A. 1 have told you that this is uotacopv; I thought it 
might 

Q. That is your signature, is it not ?— A. This is for hauling, and 
here is the bill tor the work. There was an extra bill for hanling then. 

Q. Do;\ou mean to say when you certitied to this that 3,31(3 Veet of 
circular curb were not hauled uj) to Connecticut avenue '?— A. In sign- 
ing this bill there comes again (mr complicated system. I sent it up^'to 
the property cleik. He spends back again and says I certify herewith 
that so much curb has been hauled from this yard, and upon that cer- 
tificate then we write out this bill. I should think I could find it here 
most likely. [To Mr. Mattingly. | What is the date of that bill ? 

Mr. Mattingly. This is the 18th of 0(;tober, 1873. 

Tlie Witness. I am sorry that this book only goes to IGth of October. 

Mr. Hamilton. I think we understand that matter, sir. 

Mr. Mattingly. I have here two vouchers of the Evans Concrete 
Company. See if those w^ere not signed by you. 

The Witness. These are two vouchers which seem to be signed bv 
me, and they weie, uo doubt. Yes, sir : these are two vouchei^ of Mr. 
Forsyth. 

Q. Signed by you, are they not f~A. Y"es, sir. It shows that among 
twenty vouchers, 1 have signed two. It certainly come in a queer way 
that 1 did sign those. There must have been peculiar reasons for it. 

Q. This is a voucher amounting to $24,000 ?— A. I should not won- 
der, sir. What is the date of that voucher ? 1 want to see my retained 
vouchers here. 

Mr. Mat'iingly. The date is October Gth. Here is another one of 
Evans Conciete Company, in October, of $5,000 signed by you.— A. 
Yes, sir, that is the elevated roadway in front of Senator Bayard's and 
Senator Edmund's; this I had, to a great extent, given my personal 
attention to. 

Q. Then you did have something to do with the measurements of the 
Evans Concrete Company?— A. Y\^s, to a small amount. 

Q. There is another of upward of $20,000, Erans Concrete Com- 
pany, signed by Bainsy and your^e'f— A, This is January 5, 1874; this 
was alter Mr. Forsyth had reported under the si)ecial order of Se[)tem- 
ber, 1873; this is on K street; that is work on K street between Sev- 
enth and First; it was only finished in January, 1874 ; therefore Mr. 
Foisyth, under his special orders in September, 1873, could not mea^,ure 



TESTIMONY OF ADOLF CLUSS 2217 

it. I want my clerk to take these points, as I rely upon my retained 
voncbers. 

Q. 1 have here another of tlie Evans Concrete (Company, about 87,000, 
tliat Barney and Chiss signed. — A. December, 1S73. The same explan- 
ation applies. Forsyth's orders were from September, 1873. Yon are, 
in my opinion, wasting the time of the committee. 

Q.' Tlien, in testifying last Wednesday that yon had nothing to do 
with the measurements of the Evans Coiicr(>.te Company, and knew 
nothing about it, yon meant to say that you had nothing to do with the 
measurements which were made, after you had certi tied to tliem, by Mr. 
Forsyth? — A. I had reference to that big settlement of the whole of the 
Evans con(;rete work. 

Q. Why did you not say so ! — A. I miglit not have fully expressed 
myself. It was only an error of omission. I referred to the main part 
of the work. 

Q. Here is another, Mr. Barney and Cluss, December, 1873. Is that 
the same ? — A. That is the same. I just say you are wasting the time 
of the committee. I have explained that the orders of Mr. Forsyth 
were Se[)tember, 1873. How could he measure under his orders to re- 
measure all work which was not commenced ? 

By Mr. Hubbell : 
Q. What is the amount of the voucher? — A. There is a property ac- 
count against it. From all I can find it is $1,862. It is for work in Q 
street, between Nineteenth and Twentieth. 

By Mr. Mattingly : 

Q. The total amount of the bill without the deduction is 83,200, I 
thinlv. — A. These bills are not so simple. You have to look a little 
closer. Y'ou will always iind, for instance, that there are a thou- 
sand feet of curb charged at $1.12, making 81,420, but at the bot- 
tom of it, 81.12, or 81,120, is adopted ; so that, in fact, this voucher is 
big, so far as the property-yard is concerned, but small, so far as the 
contractor is concerned. He takes a 1,000 feet curb from the property 
yard and is cliarged 81.12. Afterward he sets them and gets 31) cents 
a foot for. setting. In his bill he is charged with 81.12. Tlien after- 
ward there is 81.12 deducted. So these vouchers do not show always 
on tlie face what they actually were. On that account I am slow to an- 
swer such a question. It is easy to get into confusion. 

IMr. Mattingly. There are a number of others of the same sort, but 
I will not bother you with them just now. 

Mr. Hamilton. There is no dispute about this, I think. 

By Mr. Mattingly : 

(^. There has been considerable ill feeling between you and Mr. For- 
sytii? — A. None whatever; I like the old gentleman, sir ; but do not 
like his l)lunders, and in this, of course, I separate entirely the official 
j)Osition from tin; person. Personally I have always been on the very 
best terms with him, but where oIlMMal duty intervened it was dilferent. 

Q. Then there has been no ill feeling Ix'tween you? — A. None that I 
(;an say. I have been on the best of terms with him. Whenever I 
l)assed by his house, his wife asked me to take a drink, and I did it. 

(}. Yon said here the other <lay that yon had ai)plied ag;iin ;iml agnin 
for the assessment on Nini'teenth stre<4 ? — A. 1 did, 

(}. Did yon apply to .Mr. Forsyth ? — A. 1 applied through the vice- 
l)resident. Mi'. Henry A. Willard. 

Q. Is not the ohice of the suiterinteiident of assessments one of the 



2218 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

subordinate branches of the board ? — A. Only nominally. They never 
showed me one single paper, as I have said here. 

Q. J3i(l you ever go to the office of Mr. Beall, the superintendent of 
assessments, to get the assessment-sheet for Nineteenth street? — A. I 
went to the vice-president there and they told me 

Q, Just answer my question, if j'ou please. Did you ever apply to 
Mr. Beall, superintendent of assessments, to show you or give you the 
assessmeut-sheets for Nineteenth street ! — A. I applied through the 
vice-president of the board, and was informed that it was not there. 

Q. Then you never ai)plied to Mr. Beall personally ? — A. I applied 
through the vice-president of the board, Mr. Willard, and Mr. Beall sent 
over, and he said he had nothing but figures, no quantities. What 1 was 
after was to get the quantities. 

Q. The assessmeut-sheets, when made out, are filed in the oflice of 
the superintendent of assessments, are they not? — A. Then it is very 
queer that we could not get them on repeated application. 

Q. Well, if it had not been made out and filed there, of course you 
could not get it. I ask you this general question : whether the assess- 
ment-sheets, when made out, are not filed in the office of Mr. Beall, su- 
perintendent of assessments ? — A. From the experience which I had in 
this case, the application through the vice president, it would seem that 
they are not there, or at least have not been there, until last week. 
They may have sheets showing figures, but no quantities. What I was 
after was this : I wanted to see in Nineteenth street, which runs through 
P-street circle, certain quantities. 

Q. The assessment-sheets, when completed as assessment-sheets, 
whether they show figures or quantities, or whether they are totally 
blank, are filed in the office of the superintendent, are they not ? — A. 
Here is one of them for instance, here is First street east, a state- 
ment of expenditures on account of sewers, George Foliansbee, 1,724^ 
linear feet of 12-inch pipe, at 88 cents, makes $1,5 L7, and so this whole 
assessment is footed up to 88,810. That is the information I wanted. 

Q. That shows the quantity and the price both ? — A. Yes, sir ; and 
there it shows how the citizens are taxed for it. 

By the Chairman : 

Q. Let me ask you a question ; I want to understand this : where are 
these assessments kept ? — A. As far as I am informed they are kept 
in Mr. Forsyth's office, as I have repeatedly said. 

Mr. Hamilton. Just answer the question, if you please. 

The Chairman. They are kept in Mr. Forsyth's office ? 

A. To the best of my knowledge. 

Q. Is there such an officer as superintendent of assessments ? — Yes, 
sir. 

Q. Does he have any papers connected with assessments ? — A. Well, 
really, that is a question that, in our circuitous way of doing things, I 
could not state positively. 

Q. You know there is such an office? — A. Yes, sir; I know that. 

Q. And such an officer ? — A. Y^es, sir. 

Q. And that he keeps papers belonging to the board of public 
works ? — A. Yes, sir. 

Q. He is a subordinate of the board f — A. Yes, sir. 

Q. Have you ever been in that office ? — A. I have been there, but 
since he acts under the orders of the vice-president I do not like to in- 
terfere with the machinery of the board. 

Q. Are not members of the board of public works permitted to exam- 



TESTIMONY OF ADOLF CLUSS. 2219 

iiic into tlie (luiii<;'.s of subordinate officers ? Do you mean to say to the 
coniuiittee, that no man can have access to those papers except by au 
order of tlie vice-i)resideut of the board ? — A. Well, no.; I could not 
say that exactlj" ; in some cases 

Q. Did you ever apply to any subordinate officer for any i)aper, 
which paper was refused to you because you had not an order from the 
vice-prt'sident f — A. Well, as a general thing, 1 made it a rule not to do 
such a thing, but 1 always go 

Q. lint you are a member of the board of public works, and I want to 
know whether as such member, all the pa[)ers of the subordinate 
otlicers of the board are not accessible to you ? — A. "Well, I should think 
they ought to be. 

Q. Have you ever api)lied for any paper to any subordinate officer 
and liave had that i)aper refuse<l to you t — A. I really do not renjember 
any cases; I am not in the habit of calling for those papers. 

Q. If you want a jjaper of a subordinate officer, as a member of the 
board of public works, would not the place to secure that paper be at 
the projjcr office. I understand you to be complaining of the circuitous 
manner of doing business. Xow, that would be the direct way of getting 
the paper would it not ? — A. Yes; but then it is not the way the board 
of publi(' works do their business. 

Q. Well, is not that a proper way for a member of the board of 
pul)lic works, if he wants information, to secure it ? — A. It ought to be 
so. 

Q. I think so. That is all I Avant to ask you, sir. 

By Mr. Mattingly : 

Q. Then tlie trouble with this Nineteenth-street assessment that you 
laid so much stress on was, as I understand you now, that it did not show 
the quantities? — A. Yes, sir; I was brought from Mr. Forsyth 

Q. Well, now ; here, you need not go into such detail and explana- 
tion; all I want to get at is a plain matter of fact. It was reported to 
you that those were in 3Ir. Forsj'th's possession. Now, you and For- 
syth were on such good terms, did you apply to Forsyth to ascertain 
the quantities? — A. I stated that I make a difference between official 
position and the person. In the official position I have always claimed 
that it is an important matter of assessments where citizens are so 
largely interested 

J\Ir. Hamilton. Just answer the question, sir. 

By Mr. Mattingly: 

Q. Did you apply to Mr. Forsyth for the information which you 
wanted in regard to Nineteenth street ? — A. This question came up in 
a board meeting 

Q. Did you ap})]y to Mr. Forsyth for the information you wanted in 
regard to Nineteenth street? 

By Mr. Hamilton : 

Q. What is your recollection about that? — A. My recollection about 
this is that in a board meeting Forsyth's chief clerk, who is here 

j\Ir. Mattingly. I object to this, sir; 1 want an answer to my ques- 
tion. 

The Chairman to 'Sir. Cluss. You are un«ler examination, ]\[r. CIuss, 
as a member of tlu^ board of ])ubli(' works. You are its chief engineer. 
You have in your examination-in-chief t»'stitied in a way tending at least 
to inq)bcMte your fellow mend)ers of the l^oard. They have a right to 
cross-examine you and test your recollection, your memory, your knowl- 



2220 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

edge, and in every respect. They have a right to have specific answers 
to the questions they put to you. Now, please answer. 

By Mr. Mattinqly : 
Q. Now, I will ask you again whether you ever applied to Mr 
Forsyth for the mtormation whicli you desired with regard to Nineteenth 
street f— A. I have not applied to Mr. Forsyth, because it came up in a 
board meeting; and the officer of the board meeting, the one who keeps 
the record, it was his place, and he did apply to Mr. Forsyth. 

Q. Well, you have no personal knowledge of that ?— A. I have per- 
sonal knowledge of it, because I saw that the gentleman came out from 
fcorsyth's office with the assessment-sheet, which then contained fioure^ 
but no quantities. In Mr. Bell's collection -ofiice they said it was in 
l^orsyth's office, and in Forsyth's office it was between the two. 

Q. On page 15063 of your testimony relating to your report made upon 
the increase of price allowed to the Evans Concrete Company, Mr. lAIer- 
rick put to you this question : "I understand you that certificate was 
made before you became a member of the board, and that it was made 
m your private character, and not officially.— A. Yes, sir." Was that 
certificate made by you before you became a member of the board ?— A. 
1 said yes, sir; I was then inspector of buildings. To the best of my 
recollection, this was made before I was a member of the board. I wish 
the official paper to be produced here. In answering that I was not a 
member of the board at the time I made this rei)ort I am most positive 
about, although I may be mistaken a little in the dates. I think I am 
positive about that. 

Q. When the allowance to Mr. Filbert for grading on F street was 
made, was there not an allowance of fifty cents a yard made to him on 
your recommendation ?— A. I think forty-five or fifty cents. I do iiot 
distinctly recollect. 

Q. I will read you this extract from the miuutes of the board : 

■Extract from minutes of the hoard of imUic works, Wasldmjton, D. C, DecemJu-r 20, 1873. 
Bllke ^°'^"^ "'*^^ ^^ *^"® P- m. by appointment ; present Messrs. WiUard, Cluss, and 
The vice-iTi-esident >^ated that he called the meeting for the purpose of considerincr 
SL^ f1 ^^Tt- T^^yl^r. and Filbert for an incre^ise in price of gradi.^g done by 
them on i street between Ninth and Fifteenth streets, in conseqnence of lowering tlie 
railxoad-track and the nnnsual ditticulties encountered in the prosecution of the work ; 
linn JZ H/!,"^!*^^"'*' ''^^"^""e, Tenth, Thirteenth, and I streets. Upon the recommenda- 
tion ot Mr. Clnss It was determined in the case of F street to allow them fifty cents per 
yard tor the whole amount of grading, not deducting the customary two feet, and fifty 
cents as a fair average for haul. Action on the other streets. Viz: New Hami)shire 
avenue, I enth, 1 hirteeuth, and I streets was deferred to some future time. 

CHAS. S. JOHNSON, Secretary. 

A. I wish to say that similar applications for increase of work were 
made. I would say, for one, the North Capitol street sewer— the board 
were a couple of times 

Q- I tlo not mean to insinuate at all that it was not proper that that 
should be done.— A. I stated the other day that I did that on account 
ot the difficulty of dealing with such things, and it was done. I am 

ri^%y ^® *'^^^® ^^^ responsibility for whatever I am responsible for. 

Q. This certificate of yours as to the increase in the Evans matter 
bears date December 2i, 1872.— A. It shows I was not a member of the 
board. 

Q. You had been a member of the board for two mouths.— A. Please 
bring that letter ; I want to see it. 



TESTIMONY OF ADOLF CLUSS. 2221 

Mr. Stewart. The original letter was put in evidence, and is in the 
custody of the committee. 

The Witness. It was so long that it was my certain impression that 
it was before I was a member of tlie board. 

Governor Shepherd. Tiie oflicial record shows that he had been a 
meml)er of the board for two months. 

The Witness. I was not in charge of the engineer's oHice then. It 
was in the tirst six weeks when I was a member of the boar<l, and cer- 
tainly it was my impression that at that time 1 was not a member yet. 

By the Chairman : 
Q. You became a member of the board in October? — A. \'es, sir ; I 
may be mistaken in that. I am willing to acknowledge this if it is so, 
because certainly there is nothing very imi)ortant depentling on it. 1 
only wish to say that I did not intend to misstate anything. 1 intend 
to re[)ly to the questions as much as possible. 

By Mr. ]Mattingly : 

On ]>age 2080 of your testimony, in speaking of the nunisurements of 
work done by Albert Clk^ason, the measurements made by Mr. Oertly, 
and of the work on south E street, the question was asked, " Do you 
know whether they were correct or incorrect measurements; what is 
your oi)inion, as the chief engineer of the board '! — A. i\[y oi)iuion is that 
they are gross outrages. — Q. That they were excessive measurements ? — 
A. Well, more than that ; more than excessive measurements. — Q. That 
they were frauds? — A. 1 think so; at least the one 1 mentioned and 
asked the committee to look at.'' That was south E street, was it not"? — 
A. Yes, sir. 

Q. In which you sav the measurement was a fraud — so excessive as 
to amount to a fraud ? — A. That is what I mean to say. 

Q. The allowance for that was $17,000!— A. Yes, sir ; $17,765.25. 

Q. At the time you werii testifying what do you think would have 
been a i)roper allowance for the amount of grading done there ? — A. 1 
was only i)ositive that this was a good deal too much. 1 understand 
that a measurement was made yesterday which will foot up to 84,500 
less than what has been paid. 

Q. I asked you at the time you were testifying, when you pronounced 
this so excessive as to be fraudulent, what did you suppose for the time 
wouhl have been a proi)er allowance ? — A. Ithougiit it was too much. 
I say thai the street was graded through one scpiare, ami Mr. Albert 
Gleason and Mr. John O. Evans — they afterward went below grading 
for the purpose of making sand pits and using this sand for paving [)nr- 
l)oses. Being upon their line, tiiis was a monoi)oly to them, and, in my 
oi)inion, the sands which tliey appropriated there ought to be charged 
against tiie money that they received fr(jm the street. 1 farther thought 
this was 

Q. Now, Mr. Class, you can answer that rpu^stion. Can yon tell me, 
at the time when you testilied that this measurement was fiaudnlent, 
what, in your opinion, at that time would have been a proper allowance 
for grading done on that street ? — A. I know to day [)ositively w hat it 
is, and so, of course 

Q. O, I understand that. .Aly (jiiestion is, what was your opinion at 
that time? — A. That it was mucli, too mu(;h, a good deal too much. 

The Chairman. (^. Can you not answer tlie (piestion ? — A. I cannot, 
sir. I know nearly $18,000 "was paid for that, and 1 know it was much 
bevorul the limits. 



2222 AFFAIRS IN THE DISTRICT OF COLUMBIA, 

Q. Did you, or did yon not, make an estimate of it yourself? — A. O, 
yes, sir; I did, a general one. 

Q. Then what was that estimate ? — A. I think I have some note about 
it; it would be difhcult, however, for me to hnd it just now. I tind that 
this one square, where the work was mainly done, was'SiO feet long aud 
90 feet wide, and such a square, if excavated one foot deep, would make 
1,134 cubic yards. To make this quantity come out, I have found that 
this had been charged at the rate of 30 cents a yard for excavation, and 
45 cents a yard for hauling to the canal ; so, in order to get the quantity 
out, I was sure that this was an overpayment ot, perhaps, in my opinion, 
from — about tw^o thirds of it, of what was actually paid, would have 
made enough. I took the measurements, and said, " How high have I 
to go up in order to get the sum of 817,000 ? " 

By the Chairman : 

Q. You are testifying from a memorandum ; when was that made ? — 
A. It was made before I testified here. 

By Mr. Mattingly : 

Q. That was a i^artial measurement, was it not 1 — A. It was a partial 
measurement. This is a partial measurement this day ; it is a partial 
measurement which was in fact a final measurement, because, as 1 have 
said before, and this is just the objection to this very voucher, that Mr. 
Oertly has in a couple of days measured about fourteen streets. One 
of them I found by looking over — Maryland avenue, from Seventh to 
Eleventh street, grading, $1,582.00 — I found that a contract was only 
given Mr. Gleason August 29. I thought that if, on two days later 

Mr. Mattingly. Will you answer my question without branching off 
into something else, or not ? — A. Well, what is it ? 

Q. I asked you whether this was a partial measurement? — A. It is 
so this day, and he is paid in full for it instead of 80 per cent., and there- 
fore it is a final measurement, because it appears that he has been paid 
in full. 

Q. He has been paid in full, has he? — A. It appears so; I am not 
positive about that. 

Q. That was what you stated the other day, was it not ; that he had 
been i)aid in full and that was one reason why it was a final voucher, 
because he had been paid in full for the amount of that voucher, and it 
was more tlian the work would have amounted to, and, therefore, he 
would not api)ly for any final measurement? — A. Mainly. 

Q. Tnat is the idea, is ir not? — A. But it is very uucommonjto wait 
eight months and not touch anything. 

Q. Do you not know that 88,000 has been retained from Mr. Gleason 
on that ? — A. I do not know it ; no, sir. 

Q. Did you ever take the trouble to inform yourself? — A. I did the 
best to find what I could out from the oflicial papers. 

Q. J)idyou go to the ottii^ial papers to find out whether Gleason had 
b3en paid in full for that measurement ? — A. The (question for me was 
that it was a fraudulent measurement of 817,700 for work which was 
sent down to the auditor 

Q. That is not the question, sir. Yon stated that that was a partial 
measurement; that it was not only excessive — that excessive was not the 
term for it, but that it was fraudulent, and that, while a partial meas- 
urement, it was in fact final, because it was excessive ; that Mr. Gleason 
had been paid in full ; had received more than it would measure, and, 



TESTIMONY OF ADOLF CLUSS. 2223 

therefore, lie would never apply for a fmal nieasnrcmcnt. — A, I wisli to 
read my testimony to refresh my memory. 

Q. Did you not say two minutes a^o that that was what you said ? — 
A. No : I did not. 

Q. Xow, I ask you this ([uestion ! — A. \Vell, I want to see the testi- 
mony before you ask me any other questions. I see here, " I wish that 
the committee in full or a sub committee should go to E street south- 
east, troni " 

Mr. HU15RELL. Do not read; we have all heard that testimony. 

I After some little discussion as to what had bctui stated by the witness, 
]Mr. \Vilson said :] 

Mr. AViLsoN. ]\Iy recolleetit)n was that ^Nlr. Cluss was not asked any- 
thing- about the payments, but only as to measurements; I do not 
think he said anvthiuo- about the payments, and I do not think you will 
find it in liis testimony. 

By :\rr. jMattingly : 

Q. If a man applies for a partial measurement, and gets it, and after- 
Miird a[)plies for a final measurement, is the work finally measured; and 
if there is any error in the partial njeasnrement, is it corrected ? — A. Yes, 
sir; it is corrected. Tlie partial measurement is always expected to be 
less than a final measurement. A\'e are never expected to be thousands 
above the final measurement. 1 understand this work was measured 
yesterday. 1 would like to hear the result. 

By Mr. Wilson : 

Q. By whom ? — A. By Mr. Barney, under the orders of the governor. 
I am informed that it foots up about four thousand and several hundred 
dollars less than Mr. Oertly's paper calls for. Mr. Barney, under special 
instrucrions of the governor, has gone over that measurement, and has 
it now here. I asked Mr. Barney to give me a copy, and Mr. Barney 
said that he had measured it, and Mr. Oertly was nearly crying on ac- 
count of the position that he was [)laced in. 

Mr. Mattingly. Mr. Barney's measurement will be put in. 

The Wit>;ess. Is it here ? 

^[r. Mattingly. 1 have it anu)ug my pa[)ers; it will be put in. 

By Mr. Mattingly: 

Q. Do you know wherher Mr. Gleasou has been paid on that measure- 
ment or not? — A. I do not. 

Q. Do you know whether Mr. Gleason resumed work on these streets 
referred to ? — A. I have watched that stre(;t for a length of time, and 
he has not been there exci'pt perhai)s to take out sand for his [)rivate 
l)nr])()ses. 

(}. Did he not resume work there, and was he not stopped there by 
your order ? — A. I do not reuu'ml)er that. lie commenced there with- 
out my orders. He (M)mm(Miceil this street on direct orders from the 
vice-i)i-esident, and I thiidc I have a not(! of it here somewhere. A cou- 
tiact was given to him, and this contra<'l — he never ai)i»lied at the engi- 
neer's oflice for anything. After six weeks, when the contract was in 
his hands, he received orders direct I'rom the vice-president, without 
gradiugs or stakes, and without giving us notice, and went in and went 
to work. 

By Mr. Wilson : 
(}. Were the cross-sections of that street taken before he commenced 
work there f — A. >"o, sir. 



2224 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Are there any data in your office by wliioh you can make an accu- 
rate measurement now of that street ! — A. Mr. Barney reported to me 
last nijfht when I asked him about this that he had been making these 
measurements yesterday and done everything to favor Mr, Oertly's 
measurements, and brought it up to about four thousand and some 
dollars. 

Q. Is there that iu your office which will euable an accurate measure- 
ment of that street by him ? — A. ^STo, sir. 

Q. Why not ? — A. We have been making cross sections of streets 
that we thought would be of use, but this is such an out-of-the-way 
street that it would be the very last street to go to, if we were going all 
over tlie city. 

Q. Did you have any notice, in advance of Mr. Gleason's going to 
work on that street — that he was going to make an excavation on that 
street I — A. I had notice that he had a contract, but no notice that he 
was going to work under it. He had half a dozen streets, I believe, or 
several of them, at the same time. 

The Chairman. Mr. Mattingly, if you will turn to page 209.5 you will 
see Mr. Class's statement in reply to one or two questions which I asked 
him. They read as follows: 

Wheu you discovered that Mr. Oertly bad made a partial estimate there for Gleason, 
asgregatiug, &c. 

That is all I find that he has stated about payment. 

Mr. ^Mattingly. T had the impression on my mind that he had testi- 
fied that the money was i)aid, and what produced the impression is this, 
at the bottom of page 2081. I intended asking Mr. Cluss about it. 

The Chairman. I asked Mr. Cluss this question : 

Q. Do yon know whether a certificate was ever issued for that? — A. I have noticed 
iu the tri^asnrer's statements, published iu that report for 1873, that amounts corre- 
sponding to those were paid. 

I think that is all there was stated about that, that left the fair imi)li- 
cation that the whole sum had been paid. 

Mr. Matting-ly. Yes, sir; I was fortified by that at the bottom of 
page 2081, where he says that Colonel Magruder had been waiting 
hardly until the ink was dry to take the voucher off. 

By Mr. MATTINGLY : 

Q. Relative to this matter I understood you to sa^^ that when you ascer- 
tained that these excessive and fraudulent measurements had been 
made you did not report it to the board because you were waiting for 
the final vouchers to come in ? — A. Yes, sir. 

Q. Tliat is correct, is it ? — A. Yes, sir ; that is correct. 

Q. And therefore you took no action about it because no final voucher 
had ever come in f — A. No, sir. 

Q. That is correct"? — A. That is correct. I did not take any official 
action. I had it in my mind. 

Q. Have you not since that time approved accounts for Mr. Gleason ? — 
A. Do you mean other accounts *? 

Q. Yes, sir. — A. Yes, sir. 

Q. Did you make any mention of these measurements at that time'? — 
A. i did not. 

Q. Why did you not ? — A. Well, because his work is always proceed- 
ing. He does work now at present, most likely to this day, to the best 
of mv recollection — some work on Fourteenth street. 



TESTIMONY OF ADOLF CLUSS. 2225 

Q. But then you had the idea of this excessive measurement in your 
mind ; you had the further idea that the measurement, althou.nh a par- 
tial me:isnvement, was hirger than the final measurement would be; 
why did yon not, when he came in and when you were measuring other 
work for him, correct it ? — A. liecause as a i)ublic officer I had ulterior 
views; I did not want to pluck the fruit before it was ripe. 1 thought 
the time would still come when 1 could vindicate public honesty. 1 
wanted to take my own time for acting on it. I should certainly not 
have failed to bring it up at the time when it should, in my judgment, 
be pru[)er. 

By Mr. HuBBELL : 

Q. You think the fruit is ripe now, and you are going to pluck it? — 
A. The time would have come, sir. 

By Mr. Mattestgly : 

Q. Since that time have you not, from time to time, approved the 
measurement of Mr. Gleason's work that has come to your office? — A. 
Yes, sir. 

Q. Have you yourself given contracts to Mr. Gleason since that 
time ? — A. 1 could not answer definitely ; as a general thing, the vice- 
president, as 1 have stated before, gives out all the contracts. There 
might have been, perhaps, a small, unimportant work, especiall3' in the 
present state of affairs, when we have to beg men to do the work. 

Q. State whether you did or not, without that long explanation. — A 
I do not recollect. 

Q. Y\)u may have done so so far as you recollect now? — A. might 
and might not. 

Q. Then you approved every voucher of Gleason that has come 
through your office since that ; you have yourself given hiiu a contract, 
and you made no eflbrt during the whole of that time to correct this 
fraudulent measurement because the fruit was not ri[>e yet ? — A. Yes, 
sir. 

Q. That is your reason for having acted as you did ? — A. Yes, sir. 

(^. On page 2082, in your tablular statement there as to sewers, have 
you included in that statement all brick sewers charged to the Govern- 
luent at s4,70? — A. I am 

Q. Now, just answer the question, if you please. — A. I cannot answer 
this question directly. 

Mr. Christy. JJe says he cannot answer it directly. 

The Witness. Xot directly; 1 can answer it. 

The Chairman. You can say whether you know or not. 

The Witness. I know that there was a claim before Congress for 
main sewers, and tlierefore, when Mr. Oertly in his statement, which 
is oi)posite to mine, when he calculated the price of small and ])ipe- 
sewer, included shorter or greater lengths of main sewers, even going 
in the cost as high as over a hundred dollars per foot, then, of course, I 
left off, because 1 knew that there was a claim against the Goxciiiment, 
put in by the board of public works, and I knew further that if this 
sewer had not all been charg«'d to the Government yet it was only 
because there was no appropriation lor it. The fact that these sewers 
liave mainly been charged not under the head of .$1.70, but at their 
actual rates and the like, was snflicient evidence for me that 1 had, in 
order to get an honest price for [>i[)e-sewers, to leave oil these main 
sewers. 

Q. Turn to page 2084. At the bottom of the i)age Mr. Wilson ]iur 
this question to you : " Do you know how the skating-rink was Idled 
140 DOT ' 



2226 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

and wliore tlie earth came from ? — A. That was done before I was a 
member of the board." What skating-rink had you allusion to ? — 
A. Most likely I alluded to the skating-rink where you most likely have 
been skating and myself and many others a couple of years ago. I 
do not remember the exact limits. • 

Q. Most likely you alludedfto that? — A, I did not alluded to anything. 
Mr. Wilson alluded to something. 

Q. Mr. Wilson asked yon: " Do you know how the skating-rink was 
filled, and where the earth came from f Your answer was : " That was 
done before I was a member of the board." You say that it was filled 
before you were a member of the board f — A. Yes, sir; if it was filled. 

Q. Now, I ask you what skating-rink did you allude to ? — A. I 
alluded to the skating-rink which every boy in Washingtou City would 
have alluded to tvio or three years ago. 

Mr. HuBBELL. Describe it, so that we can understand it. 

Mr. Mattingly. There are two here. 

The Witness. It is on the river's edge, somewhere betweeu Seven- 
iteenth and Twentieth street north ; I could not say the exact location. 

By Mr. Mattingly : 

<Q. Did you not know at the time you Mere testifying that that 
property belonged to Mr. Shepherd"? — A. No, sir; I did not. 

Q. Had you not heard it? — A. No, sir. 

Q. Did you not understand it so ? — A. I have nothing to do with Mr. 
She[)herd's real-estate speculations; 1 could not keep the run of that. 

Q. That is not the question. At the time the question was put to 
you, were yon not under the impression that Mr. Shepherd owned that 
property .? — A. 1 do not know, sir ; I did not know. 

Q. You did not know? — A. No, sir. 

Mr. AViLSON. I will say about that, I never heard that before, that 
Mr. Shepherd had anything to do with that property. 

Mr. Mattingly. It was stated in the last investigation. 

Mr. W1LS.0N. I never saw it or heard it before. 

Mr. Mattin.gly. It was in the last investigation, and has been al- 
luded to in the papers that he had that skating-rink filled at the ex- 
pense of the District of Columbia. 

Mr. Wilson. Well, I never heard of it before. 

By Mr. Mattingly : 

Q. Are you able to state now whether, in point of fact, that skating- 
rink has been filled or not f — A. I am not able. 

Q. You are not ? — A. No, sir. 

Q. Why did you not state that, then, in answer to the question, and 
not state that it had been tilled before you were a member of the board I 
— A. Well, it has been filled. O, yes; I w^as mistaken in answering 
that. I know it has been filled, because we have not been skating there 
for several years. 

Q. Is that the reason you say that it has been filled ? — A. O, I know 
tn going over the ground, I saw it was filled. 

Q. Do you swear now that it has been filled !— A. I do not sw^ear, sir ; 
I say I did not know anything about it. 

Q. Now, how is it; do you say it has been filled, or has not been 
filled, or do you know^ anything about it ? — A. I do not know enough of 
it to be able to make a statement under oath. 

Q. Then why did you not answer on Wednesday last when that ques- 
tion was put to you, that you did not know whether it had been filled 



TESTIMO^'Y OF ADOLF CLUSS. 2'-"- 7 

or not ?— A. AYell, it was a questiou— if a limidred questions were a.sked 

™ M^^YILSON. (To Mr. ]\Littinol.y.) Where is this property tluit it is 
stated that Adams had bousht which is in the skating-rink '. 

Mr. Mattingly. I do not know, sir. I was not here when the testi- 
mony was given. 

Mr. Wilson. That is the property I was alluding to. 

Mr Mattingly. I verv naturally supposed, you cau readily under- 
stand, that you were alluding to this as the rink referred to in the 
former investigation. ^ ,. , j. ^ 

Mr. Wilson. No, sir. I never heard of it before. I did not know 
that there were two skating-rinks. 

Mr. Mattingly. O, yes, sir ; this was a large skating-rink. 

Mr Wilson. That question came out of some testimony in connecnoii 
with Mr. Adams ; I do not recollect just how, but it was that which 1 
was alluding to when I put the question to Mr. Cluss. 

The Witness. There is a small skating-rink there. 

Mr. Mattingly. There was a skating-rink at the Olympic l.ase-i>aii 
Grounds ? 

The Witness. Yes, sir ; that is it. ,. „, r 1 1 i ^i • 

Mr. Wilson. I certainly never heard that Mr. Shepherd had anything 

^M?.T[ATTiNGLY. It seems that :\rr. Cluss did not refer to the same 
thing vou did : he referred to the other. 

The Witness. That shows the diiiiculty of a witness answering. 

Mr. Mattingly. Yes, sir; and it shows the- propriety ot a Avitness 
being particular as to how he does answer. , i ,r ^^ ^i ^i ■ 

Q. Ou page 2089, referring to the tables produced by Mr. Oertly, this 
question was put to you : , 

Q. You tbiuk bo has made those tables to conceal the truth rather than state it .-A- 
Well, I do uot say exactly that that is his object. 

Q. But that is the oiiect of it-to conceal the truth rather than to state it .-A. le,., 

'''l want to know what tables you alluded to; whether you merely re 
ferred to those tables relating to the sewer at S4.70 a toot, or to all the 
tables he had put in at that time?— A. No, sir; it was at S 4.-0 a foot. 
1 think this is clearly stated here, and to justify his price in Si..O tor 
pipe-sewers, and this is my honest opinion. t ^ ^ i 

Q. And vou merelv had reference to these tables?- A. I stated so. 

O Amrthose tables are concealed so that you could not understand 
them ?— A. I could understand that the price was too much which was 
obtained, as an average, especially after 1 had gone through the exact 
process of taking the average of sewers actually built and nut of 
assumption. . .^, ^, . ^^ ^i ^ 

Q. Here is your certificate in connection with the increase ot the 
Evans Concrete Pavement Company ; is that correct .--A. >es, sir. 

Q. December 24, 1872 !-A. Yes, sir. " Respectful y referred to the 
inspector of buildings for his opinion." Xow, this is what I had n. view. 
1 was not a member of the board, but inspector ot buildings ; and tluMi 
this indorsement led me unwillingly to think that 1 was not a member 
of the board of puldic works. You see it was referred to me as in- 
spector of buildings. 

Q. You were a member at that time r— A. L was. 

V,\ .Mr. Mattingly: 
Q. And had been lor over two months ?— A. Yes, sir; but this in- 
dorsement to the inspector of buildings misled me. [Counsel here pro- 



2228 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

produced the papers set out ou pages 423, 424, and 425 of printed 
record.] 

Tlie Witness. While we are speaking on this subject, there is one 
error which is apt to mislead very much here. I found it only to-day. 
On })age 2061 there ought to be " sodding," instead of " flagging." Most 
likely I spoke indistinctly. 

Q. If you will turn to the bottom of page 2051 the question was 
asked : 

Q. Are ^ve to iiuderstand you to say in regard to this letting of contracts that you 
were not consulted as a member of tlie board ? — A. Never. I wish to say there is one 
single exception, and this is as far as I remember. I weiifc some time in July of last 
year — I happened to go on business — to the private office of the vice-president, Mr. 
Shepherd. I found him there in consultation with Mr. Oertly, and, looking at what 
they were doing, I saw they were giving out contracts for main sewers. They 
showed me what they were doing, aud at that hour, I think it was — yes, it was then — 
that about a million dollars' worth of contracts were given out. I was present, but 
was not consulted but in one single instance. I remember I made an objection to the 
party who was to have this contract. 

Were not you and Mr. Oertly at Mr. Shepherd's office on that oc- 
casion by special request ? — A. Mr. Oertly may have been there ; I hap- 
pesied to drop in on other business. 

Q. Did you not receive a note from Mr. Shepherd requesting- the 
presence of yourself and Mr, Oertly there, with a view of talking over 
the matter of letting out the contracts for these sewers ? — A. No ; I do 
not think I received any notice like that. 

Q. You do not remember any such notice? — A. No, sir. If it was 
sent up to the board of public works' office it never was delivered to me; 
because I am positive about that, that I dropped in aud found the two 
gentlemen there. 

Q. You do not remember this : that while you and Mr. Oertly were 
there in the ofMce some three or four other gentlemen were there en- 
gaged with Mr. Shepherd on private business, and that after they got 
through then you, Mr. Oertly, and Mr. Shepherd went over the matter 
of these sewer contracts; do you remember that? — A. I do not remem- 
ber about the three or four gentlemen having been tbere. 

Q. Do you not remember you had to wait until they got through be- 
fore you could talk with Governor Shepherd about these sewers! — A. 
In the multifarious duties of one year I could not remember such an 
occurrence. 

The C11AIRMA.N. ]Mr, Mattingly, to refresh his memory, give him the 
names of the persons who were present f 

Mr. Mattingly. I do not know the names of those persons who were 
present, now, sir. 

Q. But you do remember, as I understand you to say, that you were 
only consulted on that occasion with reference to one of these con- 
tracts '. — A. The occurreuce is exactly as I stated it. I stated that I 
made an objection in two cases — at least, I mean to say that I made 
objection in one case ; the other, Gallagher & Co., I could not object 
to, because I never heard their names before. They are no citizens of 
the District. I did not know them as mechanics in that line; and so I 
thought the governor most likely knew them better than I. 

Q. Did not Governor Sliepherd on that occasion talk over, both with 
you aud Mr. Oertly, each one of those sewer-contracts ? — A. Well, they 
could not have let out §1,000,000 worth of work if each one of them had 
not been assigned ; each one of them must, of coarse, have been talked 
about — the length of it, the prices, and the desi»;nation by name. 

Q. And was talked about on that occasion I—A. Yes, sir; that was 
so. 



TESTIMONY OF ADOLF CLUSS. 22'29 

Q. Th.it was so; then you were consulted about that? — A. Wvll, 1 
was not consulted about that. I say just now tliat I would not, as a 
citizen of Washington, «;ive a contract of $330,000 to an outsider if 
there was a free and fair consultatiou about it. I have too much respect 
for the mechanics of the District. 

Q. Do I understand you to say that Governor Shepherd talked over 
the matter with you, as to each one of these sewer-contracts, on that 
occasion 1 — A. Sir ? 

Q. Tliat he did, ou that occasion, talk over with you the matter of 
each one of tliese sewer-contracts ? — A. My testimony is correct in that 
regard. 

Q. Answer that question, if you please. — A. Those sewers were taken 
in hand. There was uo talk about tluMu. The price was fixed, so much 
for depreciation of paper put on, and the name was put ou to it. 

Q. Was that all done there on tiiat day ? — xV. It was sent b.ick, no 
doubt, to the clerk's office iu the oflicc of the vice-president. Whether 
it took them one or five days after that to send out the notice, I do not 
know, sir. 

Q. Were you consulted about the price ? — A. The governor said : 
" Should I think is that a fair good price f 1 looked at the figures of 
Mr. Oertly — the figures, most of them, had beeu made by Mr. Oertly — 
I looked at the figures, and said, to the best of my recollection, it was 
623 a thousand for brick and cement, and which, if they are well laid, 
is not too much. In one case only it was over. These prices, I said, 
were good, and were fair prices. I do not want to get out of it. I will 
take tlie responsibility. I was consulted about that. 

Q. You were ? — A. Yes, that is to say, about tlie price ; but not about 
the men who got the work. 

Q. Well, I understood you to s;iy, the other day, that when the differ- 
€01 1 contractors were named for the different work, that there Avas one 
name you did object to 1 — A. Yes, sir. 

Q. Y^ou made no objection to the others, did you? — A. It was noto- 
rious how the business of the board has been done. 

Q. O, answer the question. Did you at that time object to anybody 
else but the one that you had named ? — A. I did not consent. 

Q. Did you object ? — A. If silence — no, sir. 

Q. You did not object? — A. I did not object. 

Q. ^ow, there was one contractor to whom you did object ? — A. 
Yes, sir. 

Q. Who was that ? — A. Well, it is hardly fair that I put myself out 

Q. Well, you have already stated. — A. Well, it was T<Mn[)kins cS: 
liiiggles. I did it for the simple reason that I thought they had too 
much work on hand. 

Q. Y'ou had a right to object; it was very pro[)er that you should, if 
there were any reasons for it, and you did object? — A. The governor 
readily assented. I must give him credit when I state it that such was 
the case. 

Q. You recommended somebody' else for that contract ? — A. Yes, sir. 

Q. And he gave it to him .' — A. Yes, sir. 

Q. And that other person you recommended was Sam Strong.' — A. 
Y'es, sir. 

Q. And he got that contraf;t ? — A. Yes, sir. 
♦Q. On your recommendation.' — A. Y«'S, sir; Sauj Strong is a stone- 
mason and bricklayer of tliis District. 

Q. Do you remember who was in the room at the time .' — A. 1 have 
stated that 1 remember there were Mr. Shei)herd and .Mr. Oeilly there. 



2280 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Similar meetings like that took place in liis office. It is very iiard to 
say, for me or anybody else, after one year has passed, who was present 
at that meeting. 

Q. I know ; but you testified here the other day as to one particular 
meeting-, and as to what was done at that meeting? — A. I stated mj- 
recollection. 

Q. Do you remember Dr. Howe being present ; you know him? — A. 
Yes, sir. 

Q. Was he there? — A. He may have been. I do not know. I now 
think that he migiit have been there; he might have taken the names 
of tbese'meu to wliom the assignments were made, but I am not positive 
about that. My whole testimony was to show the way of doing the 
work of such magnitude ; not that I was a i)artner to it. If I am, I 
confess my guilt. 

Q. You alluded a little while ago, and several times, to a private cor- 
respondence between Mr. Shepherd and Mr. Oertly in your office ! — A. 
A correspondence kept private from me. It was an official correspond- 
ence ke[)t private from me. 

Q. Y^ou say, on page 2059, " The prices for Government were fixed 
exclusively between Mr. Oertly and Mr. Forsyth and Mr. Samo. And 
the prices for. the contractor were fixed bj' a private correspondence 
between Mr. Shepherd and Mr. Oertly of ray office." Y^ou also say this : 
'' He notified me afterward that such and such was to be the price ; 
that is on the record." 

The Witness. Why is not that letter forthcoming, for which I have 
asked several times ? 

JMr. Mattingly. Because there is no such letter in existence. 

The Witness. Yes, there is. I saw that correspondence. 

Q. What is the date of it ? — A. I cannot remember the date. 

Q. Y^ou seem to remember a good many dates ^ — A. I do; a good 
many, Y^oii have that letter here. [A paper was here handed to Mr. 
Mattingly.] 

Mr. Mattingly. T have something here ; I have all the papers with 
reference to this matter. 

The Witness. Yes ; here it is. [Eeceiving document from Mr. Mat- 
tingly.] 

Mr. Mattingly. Is this, what you allude to ? 

Washington, Aagmt G, 1873. 
Respectfully referred to Deputy Engineer Oortly, &.C., who will fix the price fo^- this 
work and give the necessary directions. 
Bv order of the hoard : 

CHARLES S. JOHNSON, 

Assistant Secretary. 

The Witness. ]^o doubt it is. " Eeferred to Deputy Engineer Oertly." 

Q. That is what you say ? — A. Yes, sir. 

Q. jSTow, just answer me a few plain questions. That is the paper 
yon saw ? — A. Yes, sir ; I think it is. 

Q. And on the strength of that you swore here the other day, as I 
have read to you, that the prices were fixed by private correspondence 
between Mr. Shepherd and Mr. Oertly? — A. By an official correspond- 
ence kept from me. 

Q. And now you say it was an official correspondence kept private 
from you ; that is what you mean by a private correspondence? — A. Xo, 
sir : I do not — yes, that is the idea that 1 mean to convey. 

Q. Do you mean to say that that is an official letter from Mr. Shep- 
herd to jMr. Oertly? — A. Well, it is from the vice-president of the board. 
Mr. Shepherd. At that time Mr. Shepherd was vice-president — until 



TESTIMONY OF ADOLF CLUSS. 2231 

September some time; and then if this was by order of the board, tbe 
board is the vice-president. 

Q. That is the way you reached that result, is it? That any thing 
done by order of the board is an order of the yice-president ? And 
when a matter is referred to Mr. Barney, or Mr. Oertly, or any other of 
your subordinates, by order of the board, that it is a private correspond- 
ence between the vice president and one of your deputies ? — A. It is an 
oflicial correspondence kept private frojn me. 

Q. An ofhcial correspondence of the vice-i)resident "? Look at your 
records, and see what is the entry you have relating to that matter? — 
A. It is ditlicult to tind anything here. 
By Mr. Huei^ell : 

Q. I would like to have one explanation. You call this letter an 
official correspondence, an oflicial letter passing between the vice- 
ju-esident and one of your subordinates, kept private — out of your 
sight ? — A. Yes, sir. 

Q. By whose order was it kept from your observation ? — A. By the 
fact that the vice-president did not address the engineer department or 
the engineer in charge. 

Q. Let us understand a little. When that letter was referred to the 
engineer's oflice, was it placed on file in the engineer's oflice ? — A. No, 
this goes bnck; an entry is made most likely in this book, [indicating.] 

Q. By whose order was it kept away from you ? — A. It never came 
to me. 

Q. Who ordered it to be kept private from you ? — A. The board said 
to Mr. Oertly to fix the price for this. 

Q. Let me understand. Do you wish the committee to understand 
that Mr. Shepherd, as vice-president of the board, sent this communi- 
cation to Oertly and directed him to keep it privately from you? — A. 
O, no ; I do not mean that: I mean the effect of it was that. 

Q. What do you mean ? Do you mean that a letter came into the 
engineers oflice which you did not happen to sec ? — A. Yes, sir ; so that 
I am not resi)onsible for the price. 

Q. Could you have seen it, if you had looked for it ? — A. Of course it 
I had twenty-four eyes I might possibly see every day what is going on ; 
but as I have only two, I have to rely upon confidential assistants. 

Q. Then all you mean by kept private from you is that a communica- 
tion was sent from the board of public works into the engineer's oflice — 
a matter referred to one of the assistants which you did not happen to 
see ? — A. Yes, sir ; that is it. 

Mr. Wilson. I will read the whole thing and put it in the record : 

Board of Pcblic Wouks, Dtsnucr ok Columiua, 

WasMiiglou, Auijiml -1, 1873. 

Gextlemkx : I (losire to inform you that I liiive coininonced work upon tlio contract 
awarded nie .sijvoral days since, for jointinj^ and scttinj; of na<>; footways around tho 
Botanic Garden, l)ut owin<5 to no prico bcinj;- pnt uiion tlio same I have not yet signod 
the contract. I desire to state that I do tlio jriadinj^, furnish my own sand, cement, 
jointing and sotting of the stone, in fact, everything witli the exception of furnishing 
tlie stone, which is the old flagging, taken from tho I'ost OlHco and Patent Olfice De- 
partments. 

My work is also somewhat retarded hy Mr. .Smith, Su]ir>rintendent of Botanic Gar- 
den, who desires two footways, of nine feet eaidi, on Third street, and two on Mary- 
land avenui', one of nine ami tlie other of tw(.dve feet. Mr. Smith's idea is to make au 
attractive luomeuado around tho garden, with two rows of trees on both Tiiird street 
and Maryland avemie. I have to request that the matter may be dehnitdy settled as 
speedily as [lossiblrt, so that I may not be delayed in the prosecution of my work. 
Verv respectfully, 

JOSEPH II. FLKTCIIEK. 
To the Hon. Board of Public Works. 



2232 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

BoAKD OP Public Works, District of Colujibia, 

Washington, Jugmt 6, 1873. 
Respectfully referred to Deputy Engineer Oertly, who will fix price for this work 
aud give the necessary directions. 
By order of the board, 

CHAS. S. JOHNSON, 

Assistant Secretary, 

The work done by Mr. Fletcher is the same as that performed in laying the flagging 
across the Mall, viz: jointing, occasional taking out of wind, furnishing sand and ce- 
ment and laying the flagging ; (hauling done by board.) The price fixed upon for Sev- 
enth, Twelfth, aud P'ourteeuth streets was 34 cents per square foot. Mr. Smith called 
several times on account of the double line of flagging on Third street, and I would 
respectfully ask for instructions in this matter. 
Most respectfully, 

B. OERTLY, 

Deputy Engineer. 
August 6, 1873. 

Respectfully returned to Deputy Engineer Oevtly, who will see Mr. Smith and say 
that the board has not the means to put down double lines unless he specially desires 
it. If he does, you will have it done. You will give the same price as has heretofore 
Ijeeu given for the same work. 
By order of the board. 

CHAS. S. JOHNSON, 

Assintant Secretary. 
August 8, 1873. 

I have the honor to report that I have seen Mr. Smith, w'ho insists on the double 
lines of flagging, the inner one sufficiently raised to aflord of a good view of the gar- 
den. The double line is only desired for Third street and not for Maryland avenue, 
aud inasmuch as the Government will pay for this work, the wishes of Mr. Smith ought 
to be complied with. 

Most respectfully, 

B. OERTLY, 

Deputy Engineer. 
August 13, 1873. 

By the Chairman : 

Q. Now, this seems to be a letter addressed to the board of public 
works by Mr. Fletcher f — A. Yes, sir. 

Q. In the ordinary course of business, where would that letter go ? — 
A. To the vice-president. 
i Q. Would it be opened by him ? — A. It would be oi)ened by him. 

Q. Would it be laid before the boai d ? — A. Not at that time. At that 
time it was not usual to lay these before the board, 

Q. At that time, was it the custom of the vice-president of the board 
or did he in fact open the letters addressed to the board of public works 
and ansNver them as from the board, without consultation with the 
board f — A. Yes, sir. 

Q. Or with any member of the board, to your knowledge % — A. To my 
knowledge, not any member of the board. Other members may have 
been consulted, but I did not know it. 

Q. Then, as a rule, you did not see letters adtlressed to the board of 
public works ? — A. No, sir. 

Q. And had no knowledge of their contents I — A. No, sir. 

Q. WHiere were these letters generally kept % — A. In the office of the 
vice-president. 

Q. Has the vice-i^resident an office different from the ofl&ce of the 
board of public works ? — A. It is on a different story. The engineer's 
office is in the third story, aud the vice-president's offices are in the 
second story. 

Q. Where is the office of the board of public works % — xi. The vice- 



TESTIMONY OF ADOLF CLUSS. 2266 

president's private room is considered the ofllco of the board of public 
works. 

Q. Where should that paper be deposited ; in what office ? — V. 
Amon<>: the tiles of the vice-president. 

Q. The board of public works has no office, then? — A. Xo, sir; it has 
no office. 

Q. Is there any clerical officer who has charge of this class of cor- 
respondence ; or is it in the custody of the vice-president * — A. The 
clerical officers have char,iie of these letters. 

Q. Are not such letters frequently written; were they not during this 
time of daily occurrence ? — A. O, yes, of daily occurrence. 

Q. Coming from contractors every day ? — A. Yes, sir. 

Q. And were not these offices open, and these pai)ers open to the 
inspection of every member of the board of public works, or were they 
concealed by the vice-president from his fellow-members '? — A. O, no ; 
they were not concealed. 

Q. You had access as a member of the board of public works to any 
paper or correspondence addressed to the board, had you notf — A. I 
would have most likel}', but the mass of letters that came, it would not 
be possible for any human being to find out the important letters. Any 
one day there may be thirty or forty letters come, where it would be 
absolutely impossible for me to control anything in such a way. 

Q. But as a member of the board you had an opportunity of inspecting 
everything addressed to the board, had you not? — A. Isu[)pose so. 

Q. I only want to know the method of doing business. — A. That is 
the method, sir. 

By Mr. STEWART : 
Q. Is not this very transaction entered in your records ? 

By Mr. Mattinoly: 
Q. "When referring to Mr. Oertley under that order, is it not entered 
on the ])ublic records of your office? — A. Yes, sir; itseems so. 

By Mr. Stanton : 
Q. That is, the records of the engineer's office? — A. Yes, sir. 

By Mr. Stewart : 

Q. This is the record of your office, in the engineer's office, after it 
was referred to him ? — A. Yes, sir. 

Q. That is the same transaction ?— A. Y'es, sir, exactly. 

Q. Then, when it came there you knew all about it ? — A. I knew so 
much that only two, three, or four days intervened — a week intervened — 
when Mv. Oertly reported the i)rice, and when the board instructed me 
to pay that price; and I have repeated several times that it is not pos- 
sible for me to look over all the books every day. A week may have 
very well intervened without my looking at that book. 

By the Chairman: 
Q. You stated, in answer to a question from me, that it was your 
custom to examine all these books and papers in your office at least 
once a week ? — A. Once a week, 1 say, more or less. 

By ]Mr. IIubbell : 

Q. You say here that Mr. Oertly fixed tlie price ? — A. Yes, sir. 

Q. Does it not ai)i)ear there that the boanl fixed the price, saying 
that Im; was to hav(i tlie same rate i>aid at other places for tlie same 
work ! — A. Mr. Oertly reports to the board, lie je[)oi ts the work done 



2234 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

by Mr. Fletcliei- is the same as that performed in laying tlie flagging 
across tlie mall. I claim that it is not the same work. I claim, siuce 
it is old flagging, it is taken ont of wind already. It is joiuted also. It 
may need occasional rejointing. 

By Mr. Stewart : 

Q. You say that it is not the same work ? — A. Xo, sir. 

Q. You were m the habit of looking over these books once a week. 
This entry is August 4 ? — A. Yes, sir ; and that date is August 13. I 
wish to call attention to the fact that August 4 is the date of the letter 
tJiat Mr. Fletcher wrote to the board. It may have taken three or four 
diiys until it came up to me. 

Q. You say, then, that it is not the same kind of flagging. How long 
alter your attention was called to this, and after you knew of it, was it 
before there was any payment made under that I — A. I wish to call 
attention now to this abstract. The abstract is uot in strict correspond- 
euce with the letter which I read. The abstract reads here : 

" Fletcher has commenced work on his contract to joint and set flag foot-waj's around 
the Botanic Garden-, but, owing to the price uot being fixed, has not yet signed the con- 
tract ; states that he does the grading, furnishing the sand, cement, jointing and set- 
ting the stones; in fact, everything except furnishing the stone. Mr. Smith, superin- 
tendent of the Botanic Garden, wants two footways on Third street of S) feet in the 
piosecutiouof this work." 

There is no statement showing that there was old flagging to be re- 
laid. It is left out here in this. The letter which has been read just 
now stated that this was old flagging, while my abstract, which you 
have an opportunity to see, does not show that. 

By Mr. Mattingly : 
Q. The material fact in this matter is beyond that. You testify in 
these words, page 2059 ; as a member of the board of public works you 
took the stand here and stated under oath : 

And the prices for the contract were iixed by a private corresxjoudeuce between Mr. 
Shepherd and Mr. Oertly of my office. 

Now I want to know of you what opinion would naturally be inferred 
from such a statement as that made by you ? — A. I let others draw con- 
clusions. I have stated my case. I may have unfortunately worded 
this; by private correspondence, I have repeatedly said, I meant an 
ofticial correspondence kept private from me. 

Q. I know upon cross-examination you have; but you are a man of 
more than ordinary intelligence. — A. I do not know that ; I am glad to 
hear it from you. 

Q. Well, I think you are in a certain way. Now, you have stated 
that you appreciated what you were doing, and you stated that the 
prices for the contractors were fixed by a private correspoudence be- 
tween JMr. Shepherd and the deputy engineer of the office. 

The Chairman. Mr. Mattingly, i think Mr. Cluss has sufficiently ex- 
plained that to-day. He states now that he did uot mean to say that it 
Avas a private correspondence, but that it was a correspondence of 
"Which he had no knowledge. 

Mr. Mattingly. I understand his explanatiou, sir ; I only want to 
get out of him his intention in stating as he did. 

The Chairman. You can put that question. 

The Witness. I have stated that my intention was to express official 
corespondence done through a private channel. 

Q. That was your intention 1 — A. Yes, sir ; it certainly did not mean 
anything else. 



TESTIMONY OF AJ30LF CLUSS. 2235 

By :\rr. BLziCK : 

Q. The board of public works IukI been established and the District 
government was in fnll operation- lor a year or so before you Avere ap- 
pointed ? — A. Yes, sir. 

Q. At the time when you were appointed, had you any doubt that it 
was the object of the President and his advisers, the board of public 
works and others, to procure the services of a competent and upright 
man ? — A. ]S"o, sir ; none at all ; on the contrary. 

Q. You accepted the complipient contained in that letter which you 
read yesterday as bein^;' sincere, did you not ? — A. Mr. Black, I am too 
old for vanity. I accepted ; I showed it oidy as a record. 

Q. You sui)posed, at all events, that they were sincere ? — A. Yes, sir ; 
I thought they were sincere, and I think so still. 

Q. Then you had no idea that this was an invitation to you to take 
the part of a set of rogues, who would i)romote their own i)rivate in- 
terests at the expense of the i)ublic i! — A. I should certainly never have 
joined tlieni if I had had that idea. 

Q. Y'ou never would have accepted it if you had not believed that 
that was the purpose? — A. No, sir. 

Q, Is not the office of engineer to that board one of the most import- 
ant in it? — A. Certainly. 

Q. NVas it possible for them to cheat the public — fov any contractor 
to cheat the public — either as to the (juality or quantity of the work, or 
the price of the work, without your concurrence f — A. The United 
Statesj yes ; the contractor, no. 

Q. A contractor might cheat by getting a higher price ? — A. I mean 
that the engineer has pretty full control in seeing that a contractor gets 
uo more (luantity than what he actually lays, and gets no more price 
than the board fixed. 

Q. As to the measurement of the work and the quality of it, it was 
necessary that the engineer should approve the bill before the contractor 
could be finally paid and settled with ? — A. Yes, sir. 

Q. Then there are estimates to be niade that nobody can make with- 
out the engineer's approval ? — A. Yes, sir. 

Q. Therefore, as regards these estimates, and as regards the measure- 
ment of the work after it is done, in order to commit fraud upon the 
Government or upon the [)ublic it would be absolutely necessary to 
have the concurrence of the engineer ? He must be an accom[)lice in it 
before it could be perpetrated, must he not? — A. I have stated not 
against the Cnited States. Gross errors have been perpetrated against 
the United States without the knowledge of the engineer of the board, 
he not being privy to the transactions as to the measurements. 

Q. As to which of them ? — A. I have stated quite a inimber of them. 

Q. Do 5'ou mean now those estimates that were made upon work upon 
which the $1,240,000 appropriation is based?— A. That is it. 

Q. Theywere made before you (;ame in. Was that done with your 
concurrence, or was your concurrence necessary to accomi)lish that? — 
A. A letter was read here this morning of January 5, l.STo, when I was 
a member of the board, and at that date the vice-president told Mr. 
Oertly to take charge of this. He did not inform the engineer in charge 
that he had deputized Mr. Oertly to do it, but he went to his assistant 
and told him to do it. So the engineer in chai'ge is not responsible for 
those eri'ors. 

Q. After you were in oflice, could that be done without your concur- 
rence ? — A. It has been done. 

Q. And it was done without your concurrence ? — A. Yes, sir. I have 



2236 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

demurred to it, but, of course, I did uot see, until the Governor's Answer 
came out, whether these measuremeuts for the Governmeut were right 
or wrong. So, of course, I had no — these measurements upon which 
all this money was paid — and you remember that yesterday a number 
of vouchers were shown here which were balances for the measure- 
ments 

Q. Wait, sir; was it not illegal for them to proceed with those mea- 
surements and estimates and lay them before Congress without first get- 
ting your approbation? — A. I stated yesterday that this was my husn- 
ble opinion ; not exactly illegal ; but I thought that at least the spirit of 
the law was that the board of public works shall measure this work — 
that the engineer should do so. 

Q. That you thought was your duty ? — A. Yes, sir. 

Q. Now, whether it was your duty is one question ; but did you per- 
form that duty? — A. I was debarred from performing it. 

Q. You think now, and you thought then, that it was your duty and 
you did not do it? — A. Your question does not convey the right im- 
pression. 

Q. The question does not, but perhaps the answer will. — A. I mean 
to say that within six weeks after these appropriations were passed, the 
major part of the money was drawn, and it went so fast that hardly 
anybody could recover from the shock of seeing what was going on. 

Q. Hardly anybody could recover ? — A. Could recover and see, after 
he came to his senses, what was actually doue. After the main part 
of the work was done, it was not worth while for me to trouble about 
the little balances. 

Q. This was done, then, clandestinely and without your knowledge ? — 
A. Without my kuowledge; I will not say clandestinely. 

Q. Well, without your knowledge. Was it done so that you did not 
know anythiug about it at all? — A. I did not know anything about it. 
I knew after a while that they were measuriug ; but at the outset, for 
sure, I did not know for a length of time. 

Q. You knew that it was your duty to understand this, and to stop it 
if it was wrong, did you not ? — A, I am only one member of the board, you 
know, and if the vice-president would at that time assume to act for 
the board, and the other members were indifferent to it, what could I, 
as a single member of the board, do ? 

Q. Did you try ? — A. Nobody ever asked me for it. 

Q. If it was your duty, as an engineer, to see to this, how was it 
possible for these people to make these deceptions — these deceptive 
estimates or measuremeuts ?— A. I wish to be understood. If you call 
them deceptive measuremeuts it is your word, aud not mine. 

Q. Why did you say that you had a quarrel, or something approach- 
ing a quarrel, with Mr. Willard, because you had determined to stick to 
the rights of your office ? Why did you not stick to the rights of your 
office ? — A. Because when I go into a new field of operation, which I 
did in December, 1872, it is my habit to make myself acquainted with 
the details, and to let the thing go on in its usual course until I am 
posted, and 1 dare say it took me until the latter part of the summer of 
1873; and so it was not for me to interfere without knowing exactly 
how it was. I was new in that office, and was a few days in at the time 
when Mr. Oertly was deputized by the governor. 

Q. Then it must have been a mistake to suppose that you were com- 
petent for these duties if you will stand by and see these things done 
without making an effort, at least, to stop them ?— A. I do not know 
about that. 



TESTIMONY OF ADOLF CLUSS. 2237 

Q. You say that these things were done so fast that you coukT not 
recovei' tVoni the shock of one before anotlier was done ? — A. Yes, sir. 

Q. You were hit so rapidly that you were down all the time ? — A. I 
was never down. I was always up. 1 am so still. 

Q. Were you upright ? — A, Upright, sir. 

Q. Xow, these estimates and measurements which you approved, are 
they right f — A. To the best of my knowledge. 

Q. You now say they were right. There was nothing wrong about 
auy of them ? — A, If an error occurred, it certainly is au exception, and 
correctness is the rule. 

Q. Including those which you stated the other day were wrong, and 
which you had never approved of, and never signed? — A. Yes, sir. 

ii. You consider that they are right iu)w. You now correct your tes- 
timony in chief by saying that these measuremens which you pro- 
noun(.'ed wrong, and which you declared you never had ai)proved, all 
are righr. and you did approve of them ? — A. I do not know what you 
have reference to. "Whose measurements? 

Q. I have reference to certain measurements and estimates ui)on which 
5'ou denied that you had anything to do, and went back ujjon them and said 
you were not resi)()nsible for them ; that you had never signed any ap- 
proval, and when the paper was produced to you you admitted that you 
had ? — A. There is that single case in this large bundle of papers. When 
it was presented to my ofdce, no records being there, and having been 
made up there as au official formality, I was requested to sign those 
balances from avenues. They were balances ; they were not the metisure- 
ments themselves, to the best of my knowledge. 

Q. There was one paper, a very important one, which you said you 
had signed without understanding it, becau^^e you had only eight days 
to examine, and another which you said you had signed on the first of 
iSTovember, and which had been presented to you only on the Itist otf 
October, and you had sat up all night? — A. That is correct. 

Q. Aiul had not been able to understand, and you put your name to 
it, ncNcrtlieless. Now, when these papers were handed to you for ex- 
amination and api)roval, were they not handed to you with the under- 
standing that you were to approve and did approve of them as you 
would fiiul it right to do? — A. Anybody who sees that mass of figures, 
those volumes of figures, would see that it was impossible for me, and 
that I had to rely upon the confidential assistant, Mr. Oertly, whom the 
governor had done the honor of deputizing. 

Q. Answer in general terms, now, had you not just as good a right to 
say no as to say yes when you were asked if these papers were (-orrect? — 
A. 1 had a right, of course, to refuse, but my desire at that time was not 
to interfere with the operations of the government, because I had no 
positive i)roofs, in fact, no proof at all from which I could infer, that any- 
thing was <lone carelessly. Therefore I was certainly Justilied in relying 
upon the first assistant of the olfice and alUxing my olficial signature. 

Q. And you ai)j)roved them, then, because you believed them at the 
time to be right ? — A. Yes, sir. 

Q. Y'ou believe them now to be right ? — A. Well, I do not know. 

Q. Now you believe them to be right, or have youchang<'d your mind 
about that ? — A. Alter I have seen tliose careless measurements against 
the Government, my conlideuce is shaken, and if I would have seen tiiis 
before, I never should have signed those papers in such a hasty man- 
ner as they were presented to me. 

Q. Then these [)apers were wrong after all ? — A. I do not say they 



2238 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

are right or wrong. My confideuce is shaken in thein since I saw this 
vohirae of testimony in here. 

Q. If they are wrong who is responsible for theui; the man who sol- 
emnly under his oflicial oath said they were right, or somebody else 1 — 
A. I have stated distinctly the circumstances under which these papers 
were brought to me. The Secretary of the Treasury, I believe, has in 
the same way signed the Sanborn contracts because he has put right 
before him a couple of hundred a day. 

Q. Do you think an officer is morally or intellectually competent for 
his place who will sign a paper without knowing whether it is right or 
wrong, and an important paper ; the validity and effect of which de- 
pends upon his signature ? Is it not as bad as giving a judgment with- 
out evidence, and a false judgment at that? — A. I had a right, you 
know, at that time to rely upon my first assistants. 

Q. You had a right to rely upon them 1 Have you a right to deny 
the integrity of these gentlemen f — A. Not integrity, but the accuracy 
of these statements. 

Q. Have you any more right to doubt their accuracy than they have 
to doubt yours when there is a difference of opinion between you and 
them on a subject which they have actually examined and you have 
not f — A. He is a subordinate of mine, I am chief. My word rules ; 
therefore I did not discuss the matter with him. 

Q. After having received this ap])Oiutment you confided, it seems, very 
fullv in the integrity of your associates, did you not? — A. I certainly 
did."^ 

Q. In all of them ? — A. Yes, sir. I had known Mr. Oertly for many 
years to be the measurer of the Treasury Department, and so I certainly 
had a fair right to infer that he was careful. 

Q. Not only the subordinates of your office, but in your associates — 
the gentlemen who were associated with you on the board of public 
works ? — A. I have stated that before. 

Q. Y^ou did ? — A. Yes, sir. 

Q. You answered in the affirmative I — A. Yes, sir. 

Q. Then you went on very harmoniously with them for a length of 
time, did you not? — A. Up to this day I have never had any trouble 
with either of them of any great effect, though I always firmly and ear- 
nestly asserted my rights, whenever the question seemed to be impe- 
rious. 

Q. You don't charge them with anything that is even irregular in 
their conduct now ; are we to understand that ? — A. I have blamed 
the system and not the men. I say the system is one which tends to 
favoritism, and is bound to lead the best men to corruption in the end. 
I have nothing to say against the men, but against the system. 

Q. Then the sj^stem was as well administered by them as such a sys- 
tem could be 1 — A. I think so ; it is this mode of doing business I do 
not approve of. That is what I say. Shall the same question be re- 
I)eated to me three times after I have answered it for the purpose of 
getting contiicting testimony out of me ? 

Q. They and you were engaged together in the administration of a sys- 
tem which was essentially defective, and must lead to bad results ? — A. 
In the end. 

Q. They and you were both engaged in the administration of that sys- 
tem ? — A. Yes, sir. 

Q. You being principally responsible for whatever there was wrong 
about it ? — A. I did not say that. 



TESTIMONY OF AUOLF CLUSS. 2239 

Q. I understood you to say that the engineor was nuieh the most im- 
portant oflicer in the board ? — A. f es, sir. 

Q. In regard to its financial results ?— A. In regard to its financial 
results; I do not nu^an that; I mean so far as the improvements, the 
streets, aiul sewers are concerned. In financial matters, the vice-presi- 
dent has so far taken the exclusive lead. 

Q. You and they were engaged together in tlie administration of this 
system, and you commit irregularities altogether ? 
' The Witness. All of us, you mean ! 

Mr. Black. Yes, sir ; all of you. — A. Yes, sir ; I am ready to take my 
share of the bhime. Better late than never. 

Q. Did not these irregularities consist almost entirely in your failure 
to perform your duty ? — A. No, sir. 

Q. Tiien who was it tiiat caused any failure ? — A. 1 have stated so 
many details that it is hardly worth while to waste the time to go over 
them again. 

Q. It was not the duty of any other member of the board of i)ublic 

works to examine and ai)prove tlie measurements? — A. You just now 

Q. Did not the vice-president of the board of public works refer these 
subjects to you especially — these things about which you fouiul fault; 
and did you not examine the subject ; and had they not the riglit to sup- 
pose, after you had examined them, that you had given your approval 
conscientiously ? — A. Tlie vice-president in referring these papers to 
me was well aware that it was utterly impossible for any human being 
to go into the details of these measurements. 

Q. Then he supposed you were so uiuch of a rogue that you would do 
it without knowing anytliing about it? — A. They thought, upon seeing 
the system upon which it was carried on, and upon knowing the raeu 
who had done it, that I was justified in fixing m}- otiicial seal to it. 

Q. Did the vice president sai)pose that you would take those papers 
before you and then simply shut your eyes to the facts and put your 
name to tliem without knowing wiiether they were true or false? — A. I 
did not shut my eyes to the fact. 

Q. Did the vice-president expect you to do such a thing as that? 
A^'asn't it your duty, if you had not tinje to examine them, to kee]^ them 
until you had time ? — A. I could not possibly have done it. That is 

just the same as if I took a hand-book of mathematics 

Q. See here ; please state whether or not there could be any justifi- 
cation. — A. There could be a justification. 

Q. What ? For your signing false papers ? — A. I did not say these 
l)apers were false; but I say 1 do not know whether or no they are accu- 
rate in all the details. I do not say they are false. 

Q. If they are not false, they are true. — A. There is something be- 
tween the two — between the two extremes. 

Q. Was there anything between the two extremes in your conduct? 
Were you not false^ whether the i)apers were or not I If you signed 
them without knowing what you were doing, or in<iuiring what you 
were doing, is not that as bad as if you knew they were false '! — A. No; 
that is not as l)ad. 

Q. J)o you think that when a man swears to a fact as true and he 
does not know whether it is true or not, that he does not commit i)er- 
jury ? — A That is for you legal gentlemen to determine. 

(). A legal gentleman or a man of common sense either. A legal gen- 
tleman will determine that is i»eijury. — A. Very well, then. You are a 
competent man, I sui)pose. 1 am willing to say that I have done the 
best any practical man has been able to do. 



2240 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You and your friends in the board of public works went on very 
harmoniou.sly ; you made no trouble with them; you did not become 
their enemies, and did not attem[)t to expose their errors ? — A. ]^o, sir. 
Frequently in a cordial and friendly way I spoke to them, and frequently 
they have told me all the time, as I have stated here before, and repeat 
now, that they thouglit the system, carefully introduced here before I 
became a member of the board, should not be changed without the 
gravest causes. 

Q. When did you come to the conclusion that you would go back upon 
them •? — A. I have not gone back upon them to this day. 

Q. Haven't yon gone back on yourself? — A. No, sir. 

Q. Don't you go back pretty badly on the system, as you call it ? — A. 
I have never had any regard for the system, and the same idea, of which 
I speak here frankly and openly, I have often expressed to the members 
of the board. 

Q. When did you come to the conclusion you would come before 
this committee, or any other committee, and denounce these people pub- 
licly 1 — A. No, sir ; I had no idea at all. 1 came to answer all questions 
frankly and fearlessly. I had no other purpose. I have no personal 
feeling of revenge toward anybody. 

Q. When did you come to the conclusion that you would do this ? — 
A. When the committee sent me a summons to come here. 

Q. And yon never knew you were going to be a witness, and never 
thought of what you were going to say, nntil the committee officially 
notified you to a[)pear before them ! — A. Of course, it was very natural 
that I should think, when so many charges were made, that Mr. Oluss 
would be called upon to make a statement. For this purpose I was 
quietly preparing and taking my notes. 

Q. You thought you might be called upon ? — A. O, certainly ; I w^ould 
be a fool if I had not thought so. 

Q. And in anticipation that you might be called as a witness yon pre- 
pared yourself fully ? — A. Not as fully as I would like to. 

Q. Still, you made whatever preparation was necessary; evidently 
not as fully as you would like to. I see you were not as well prepared 
as you would like to be. How long did it take you to make preparation ? 
— A. L do not know, except that 1 do these things in a leisurely way iu 
the evening, while other people are spending their time in the inns and 
theaters. I have my books at home, and statements, and work quietly, 
and so I could not say when I commenced. 

Q. How long? — A. For several weeks, it might be. 

Q. Two or tliree months ? — A. Not so long. 

Q. Two months ? — A. No, sir. 

Q. Six weeks? — A. No, sir. 

Q. Four ? — A. Perhaps fonr weeks. 

Q. After you got fully prepared to specify the wickedness that had 
been perpetrated in the board of public works, yon volunteered yourself 
as a witness, didn't you? — A. I didn't. I am not fully prepared now; 
otherwise I would be able to show another array of facts. 

Q. How did anybody come to think of subpoenaing you, if you didn't 
volunteer? — A. Well, the gentlemen of the committee might have thought 
that it was well to have me. You think the engineer such a heavy and 
responsible person, was it not very natural for the committee to think the 
same aiid summon me here? 

Q. That is all natural enough; but if they thought that the engineer 
was not only a man having a heavy responsibilty, but a man of great 
integrity, they would not expect to call here and expect him to make 



TESTIMONY OF ADOLF CLUSS. 2241 

statements tluit would convict him and his associates' — A. I do not uu 
derstand you fully. How do you mean ? 

Q. You say the engineer was a man who had heavy responsibilities? — 
A. Yes, sir; you said so. 

Q. And knew, of course, the secrets of the board — the inside work- 
ings of the body? — A. Secrets! I hope in public transactions there 
are no secrets. 

Q. I mean to say he knew the inside workings of the board better 
than any outsider could know tliem. — A. I wuuhl be glad to tell them 
to anybody. 

Q. And you think it was natural for them to call you for that 
reason ? — A. Yes, sir. 

(}. Why wouldn't they thiidc it just as natural to call one of the other 
members of the board — anybody who was anxious to prosecute this 
board of public works and expose them ? — A. If the truth is exposure. 

Q. lielieving that the engineer was a man of integrity and always 
performed his duty, then would they be likely to call him for the purpose 
of proving the contrary ? — A. 1 do not like to think for the members of 
the committee. I supposed they are competent to think for them- 
selves. 

Q. I want to know if you are willing to tell — I do not care about 

pressing it very much, though — what was the motive power that brought 

you here as a willing witness to testify against your associates and 

■yourself; in other words, to turn state's evidence? — A. 1 will not be 

deterred by such language. I know my duty. 

Judge Black. O, certainly not ; don't be deterred by anything. 

^Ir. Christy: Allow me to make a question with the chairman of 
the committee. Judge Black, in his question, assumes that tbis is the 
only member of the board of public works who has been called, whereas, 
in fact, every member of the board of public works, without an excep- 
tion, has been upon the stand and interrogated as a witness. 

Mr. Hamilton. And also the assistant engineers. The board are con- 
versant with all these facts ; not only the board of public works — all the 
other members — but 1 thiuk all the engineers, except Mr. Cluss. 

By Judge Black: 

Q. Now, Mr, Cluss is here, and I want to ask him a question. It is 
the same question asked a long time ago, when a certain chara(;ter ap- 
peared and was asked why he was there? It is the tirst chai>ter of Job 
that I refer to. You recoUect it, don't you? 

The Witness. I do not know much of the IJible, I am sorry to say. I 
know more about mathematics; that is my branch. 

Q. Y'ou did not offer your evidence ? — A. No, sir. 

(}. You did not volunteer, in any senseof the word ? — A. I should have 
been glad to stay away from this [)lace if posslljle, but since for the last 
two or three weeks tlie newspa[)ers of the country have triun))eted it 
abi'oad that if there is anything wrong the nunnbers of the board are 
simon-pure, for it is the engineers who are at fault altogether. I lelt 
it a iluty to my associates in the engineer board, able, competent, and 
honest, men of integrity 

Q. jNIr. Forsyth and Mr. Oertly ? — A. I spoke of Mv. Barney and 
his associates, Mr. Danenhower and Mr. Franklin. I si>eak es[)ecially 
of those men under my six'cial (%ire, and who have a right to expect 
from ujc that I should vindicate their integrity, so that they are not to 
be blackened for life because enq)loyed in Washington City in making 
these Government nu'asurements. It is a duty 1 owe to these mumi. 

Q. It is for the i)ur[)ose of i>rotecting the innocent men charged with 
this offense that you want to throw the guilt where it belongs? — ^V* 
141 D c T 



2242 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

Yes, sir; if there is any. They could not respect me if I were to allow 
tbem to be heralded as imbeciles. 

Q. This is the reason you volunteered ? — A. I did not volunteer. 

Q. Did you not furuish geutlemeu on the other side with a list of 
questions to be asked you, and tell them how you were going to answer 
them"? — A. I wish to say that that is an unmitigated falsehood, and say 
that I have not spoken to one of the memorialists. I do not know them 
' persoually ; I do not know counsel, even, to speak to them ; I do not know 
the leading man of them ; 1 do not think that I have ever spokeu to any 
one of them during the whole investigation, except, about four or live 
days ago, when Mr. Wright Rives came to the board of public works' 
office and wanted to compare his tables with those of Mr. Oertly. I saw 
him then. 1 knew he was an engineer when he came there, and I was 
glad to talk with him and clear up his doubts. 

Mr. Christy. I will say, so far as I am concerned, that I have not 
ever had the pleasure of an acquaintance with Mr. Cluss, and have 
treated him throughout as the client of the gentlemen who are here to- 
day assailing him. It was a matter of surprise to me that, as a member 
of the District government and representing it, that that relation had 
ceased. 

Judge Black. We will get you on the stand directly, whenever you 
choose to volunteer. 

Mr. Christy. I want to testify ; I have a right when imputation is 
cast upon connsel. 

Judge Black. Not at all ; no imputation. 

The Chairman. No imputation has been cast, as I understand it. 

Judge Black. It is as bad to take offense unnecessarily as it is to 
give it without cause. 

Mr. Christy. The meaning implied in the question was that we had 
gone to clients of gentlemen representing the other side, when we have 
uever seen the witness until he came on the stand. 

Judge Black. You must not undertake to throw Mr. Cluss upon us. 
We have done with him long ago. 

The Chairman. I think it is a proper question for Judge Black to 
ask, to test the recollection and motives and knowledge of this witness. 

Mr. Christy. We are not objecting to that, but are objecting to the 
imputations. 

Judge Black. No, you are making explanations, and I give you the 
full privilege of doing so in any way you please. 

The Witness. I must repel the idea in the most definite form that I 
have, directly or indirectly, had any connection whatever with any of the 
memorialists, or counsel, or whoever they are. 

Judge Black. You did not furnish, to anybody concerned in this 
investigation, or anybody who is prosecuting this investigation, any 
l>aper containing a list of questions coupled with information as to the 
answers you intended to give ! Now answer that question. 

The Witness. What is that ? 

Q I ask you if you furnished a ])aper, to any of the counsel of the 
memorialists, or anybody else who was prosecuting this investigation, 
which paper contained a list of the questions to be asked you, and in- 
formation concerning answers that you would give ? — A. No, sir ; I have 
not done so. 

Q. You did not communicate, then, what your evidence would be, in 
advance, so that they could know beforehand what it was that you in- 
tended to testify ?— A. No, sir; I did not. 



TESTIMONY OF ADOLF CLUSS. 2243 

Q. Did you fiiriiisU siicli a i)a|>er as that, and such iufornaatioii as 
that to any body ? — A. I did not. 

Q. Xever, to anyl)()dy ' — A. Xo, sir. Papers of mine, private i)a- 
pers, possibly, may have been got hold of surreptitiously, and they 
might be in somebody's hands, 

Q. Tiien nobody talked to you at all about the testimony you were to 
give before it was given ; there was no precognition? — A. Xobody at 
all talked to me? I talked with a great many folks about this whole 
investigation. I answered <piestions fairly. I talked with a great many 
folks about them; but 1 was particular not to talk to any one whom 1 
knew to be a memorialist, for the fear that what I said might l)e mis- 
construed. 

Q. You kept yourself clear? — A. I mean to say I took particular 
pains not to si)eak to anyone whom I knew to be a memorialist, or any- 
one in sympathy with them. I tried to stear clear of them altogether, 
and I think 1 have actually kept this very punctually. 

Mr. Hamilton. You have now got a full answer. 

Mr. Black. I want the committee to understand that in the question 
I asked Mr. Class I did not want to throw any imputation on anybody 
else. 

The Chairman. "We understand that. 

]\Ir. Black. I do not desire that anybody shall be affected by his tes- 
timony in anything. Whether he answers the question one way or the 
other is a matter of perfect indifference to the reputation of everybody 
else in the world, except himself. 

Mr. Hamilton. Have you any further questions? 

Mr. Black. Nothing further. 

By Mr. Mattingly : 

Q. In this same connection I would like to ask you a little more 
definitely than I did the other day. At the time that I saw you at the 
room of the board of [)ublic works, did not I ask jou then to come up 
here and testify? — A. I told you that my testimony would not be suit- 
ble to you most likely. 

Mr. Mattingly. No, sir ; you did not. 

The Witness. Let me relate to you the circumstances. 

Mr. HuBBEL. Will you be kind enough to answer the questions put to 
you by counsel ? 

Q J)id not I state to you that you, as the head of the engiiu^er depart- 
ment, was the very man to come up and testify ' — A. In favor of tlie price 
of the Colton fences ? 

Q. No; not in favor or against anything. Did not I tell you I wanted 
you to come up here and testify 'i Who were i)resent there ? — A. I think 
there were present Mr. Clephane. He was the piincii)al actor. Then, 
besides Mr. Clephane — indeed, I do not recollect. 

Q. Was not Mr. Shepherd there ? — A. Yes, sir. 

Q. Mr. Stanton ?— A. Yes, sir. 

Q. Mr. Meeds? — A. Yes, sir; I think he was there. 

Q. And a part of the time Mr. Oertl.v ? — A. Mr. Oertly I do not re- 
member to imve seen there. 1 8j>oke to Mr. Barney ; at the time 
Mr. Barney was about, but not in the; room. 

Q. I mean in the room, in the i)resenee of these gentlemen, didn't I 
ask you to (;ome, ui) here and testify ? — A. In favt)r of the wooden 
fences. 

Q. No, not in favor of anything. Didn't i ask you to come up here 
and testify ? — A. In favor of the Coltou fence. 



2244 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Dill I not ask you to come up liere and testify in regard to grad- 
ing? — A. About a matter of hauling; not about a matter of grading. 

Q. Tlien 1 asked you about tbe matter of hauling? — A. Yes, sir. 

Q. You went on to explain about how many miles a horse could walk 
in a day ? — A. Yes, sir. 

Q. And the price fixed was all right? — A. Yes, sir. 

Q. Did not I state then that you were the very man to come up and 
explain it? — A. Yes, sir. 

Q. What did you say ? — A, I said I begged to be excused. 

Q. Did not you say yon did not want to testify ? — A. Yes, sir. 

Q. Did not you say you could not articulate ? — A. The reporter has 
found that out. I told you that I had the misfortune of wearing false 
teeth, and it makes me a little difficult to understand. 

Q. And you assigned that as the reason you did not want to come ? — 
A. Yes, sir. 

Q. I see the difficulty and appreciate it. But what I wanted to know 
was whether I did not ask you to come up here and testify, and whether 
you did not express reluctance to do it, and assigned that as one of the 
reasons you did not want to come. — A. One of the reasons was that 
you wanted to bring up the Colton fence matter, as one side of the mat- 
ter. 

Q. You insisted upon that fence matter. There was on the back of 
that voucher, Mr. Cluss, a pen and ink sketch of a panel of the fence 
made by you ? — A. Yes, sir. 

Q. With items going to show the cost of each item of material or 
labor that entered into the construction of it ? — A. Yes, sir. 

Q. W^ith the aggregate of the cost of the panel so many feet long, 
was not it an estimate of how much it cost a foot ? — A. Yes, sir ; but it 
was wire fence. 

Q. Then you undertook to explain to me what would be the differ- 
ence in cost between that wire fence and the wooden fence as actually 
constructed, did you not? — A. Yes, sir. 

Q. You made the figures on it? — A. Yes, sir. 

Q. Did not I tell you to explain that up here? — A. I did not care 
about doing it, because I think if such a fence was given out by a fair 
competition after advertisement, that it could have been done much less 
than under the architect's estimate and superintendence. 

Q. Did not I ask you to come up here and explain it as you have ex- 
plained it to me? — A. Yes, sir, you did that; but you wanted to leave 
out all other pieces of fence under the advertisement. 

Q. No, sir; and to show that I did not want to leave it out, I would 
like to have yoii look yourself for the documents of the board of public 
works relating to that matter that has been put in here in evidence, 
and you will find everything there. — A. No; the paper which contains 
the bids received under the advertisement for fence is not here. 

Q. But all the papers, including the paper on which was your sketch; 
they have not got that in print because they could not print it ; but all 
the papers relating to this Colton fence are in evidence. — A. A part of it 
is; this paper containing the bids for wooden fence received under adver- 
tisements, if you have got that, that will settle the case; where the 
lowest price was much lower than those we paid. 

Q. Did not you average those bids? — A. Yes, sir, I did; and I showed 
you that the lowest bid was much lower than that paid for the Col- 
ton fence. 

Q. And some of the lower bids were from very irresponsible persons, 
were they not ; or did not you tell me so ? Why did not you bring the 



TESTIMONY OF ADOLF CLFSS. 2245 

papers lune ? — A. I did not like to come here, because I did not want 
to defend one side of the case. 

Q. Did yon assign any such reason as that I 

JMr. CiiKisTY, 1 desire those papers to he produced if the geutleiueu 
are going to proceed to i)rove the, contents of them. 

Mr. Mattingly. O, I am not proceeding to prove any contents. 

Mr. Christy. You are stating the contents. 

Mr. MATT1ISCTLY^ No, I am getting at Mr. Chiss's animus and motives 
in testifying. That is all. 1 see it stated that Mr. Chiss informed .Mr. 
Shepherd and ourselves that he had giveu information to the committee, 
or to some member of the committee, and was coming up here, at his in- 
stance, to testify'. 

The Witness. Whatever the newspapers say I am in no way respon- 
sible for. I did not talk with any newspaper man. 1 have never said 
one word to any of them. 

Mr. Wilson. What newspai)er did you refer to ? 

Ml'. MattinCtLY. To the statement in yesterday's New York Sun. 

The Witness. 1 have not read the New York !Sun, more than one or 
two copies, in years — perhaps, three copies. I have seen the New York 
Sun which contains my testimony of day before yesterday. Before that 
I have not seen it. 

Q. What I asked you was whether, at that interview down there in 
the presence of these gentlemen, you ascribed any such reason for not 
wanting to come up here as you stated just now ? — A. I said that I had 
a delicacy in coming here, and I knew if 1 came here the full state of 
the facts of Chat Colton fence would be known here, and I did not think 
it was agreeable to me. 

Q. Did you make any such statement as that as the reason for not 
wanting to come 'I — A. There are a great many things ; there is no use 
of talking to people exactly' about it; you could see from my manners. 

i\[r. ^lATTiNGLY. I saw you were very reluctant and did not want to 
come, but I did not comprehend it at that time, 1 confess. 

The Witness. I am sorry for it. 

Mr. IIiBBELL. What is his answer; did he make any such statement 
to you, does he say ? 

Mr. Mattinoly. No, sir. 

Q. [To resume.] State whether you remember of receiving this letter? 
[handing witness a letter.] — A. This letter was received by me at my own 
suggestion ; I requested that Mr. Earney be substituted for Mr. Forsyth 
in measjiring. 

Q. When you did solicit a thing of that kind, it was done ? — A. Yes, 
sir. 

Mr. Mattingly. Then read the letter. 

[It is as follows :] 

Br>.vi!D or Prnr.ic Woi;ks, Disiimct oi- Cor.rMiu.v, 

H'd-'iliiiif/toti, April ri, l^'T^. 
Dkak Hik : Yon will plpaso dotuil at onco Charles K. IJarney, assistant engineer, to ex- 
aniint! ciitically all nu'asnrdniiMits np ti) this tinn- for tho hoard, npon which have been 
made si'ttii'mcnts or payments. It is necessary that this shonld ho done, in order that 
any (-rrors may he corrected hel'ore a linal settlement is made. I (lesire that ho 
shouhl ent(;r at once on this duty, and prosecute it to an early completion. 
Very re«p(!ctfullv, 

ALHX. 11. SIIKriIKKl), 

ricc-l'nmdi'iit. 
A. Cl.l'SS, Esq., 

EntjUieer of the Board of I'ublic Works. 

True copy : 

FRAjS'K ,J. T. IiO^VE, 

Chit f Clerk. 



2246 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Stewart : 

Q. At that time you had begun to suspect that Mr. Forsyth was not 
all right ? — A. That he was not exact enough. 

Q. As soon as you ascertained he was uot exact enough you asked a 
change ? — A. Yes, sir ; and last September Mr. Sliepherd wanted me to 
put Mr. Forsyth back again, because he was so much faster than Mr. 
Barney, and then I firndy resisted the demand, and saw that Mr. Bar- 
ney was kept at his measuring work. The occurrence took place in the 
open room of the board of public works at the time when they were 
short of funds, and they were anxious to have a hurry-flurry iu regard 
to assessments so that they could get some money. 

Q. Did you know at that time that you wrote that letter that these 
matters were going wrong in the board? — A. Well, I might not have 
been positive about it, but then I saw, you know, there was a great deal 
unnecessary, if I did not want to lose u\y reputation 

Q. Did you testify before the Starkweather investigation committee'? — 
A. I think 1 was there once. 

Q. You are down here as having appeared before that committee on 
the 11th of April, 1872 ?— A. Yes, sir. 

Q. You had been in ofidce then only some few months? — A. No, sir; 
I was not in office then — not as a member of the board. 
By Mr. Mattingly : 

Q. You made a rei)ort as engineer, which appears in the report of the 
board for 1873, on page 2 of the appendix ? — A. Yes, sir. 

Q. In your testimony the other day you alluded to the work being 
done at Seventh and F streets. You made some statements as to the 
heavy j^rice that had been paid for that work t — A. Yes, sir. 

Q. I lind in your report, which is published in the report of the board 
ior 1873, relative to this work, that you say this : 

SEVENTH AND F STKEETS XOHTHWEST. 

The improvement of these two business streets was nndertakeu this season. It was 
decided to chanoe the grades quite radically. Avoiding tills, heavy cnts hecame 
necessary. It was also determined to carry on the work in such a manner as not to 
interrupt the running of the street-cars. The difficulty of the work and, of necessity, 
its cost became thus verj' great. The lowering of water and gas mains and their 
laterals; of sewer laterals; the gradual lowering of car-tracks; the cutting of vaults, 
and shoring of houses was a work of unusual trouble, reflecting great credit on the 
energjf of the respective contractors, Messrs. Vandenburgh, Albert Gleason, and L. S. 
Filbert. It is all virtually completed now. The changes wrought by these improve- 
ments in the appearance of the General Post-Office and Patent-Office buildings, and 
the great improvement iu the grades of these streets, cannot fail to impress favorably. 

Are the statements contained in that true ? — A. They are virtually 
true. Of course I had to do the best I could. That does not say we 
have not paid too much for it. 

Q. No ; you give reasons for the great cost of it, and they are good 
reasons, too. — A. The report was written by a member of the board, 
and I was willing to co-operate, as well as my conscience would permit, 
with my associates. 

[Mr. Mattingly handed the following paper to witness and asked him 
to read it. 

The palmer is as follows :] 

May 22, 1874. 
PARTIAL MEASUREMENTS. 

E street, southwest, between Tenth and Thirteenth streets, southwest. 

Between Tenth and Eleventh streets 1,801 yards. 

Between Eleventh and Twelfth streets 3, 695 yards. 

Between Twelfth aud Thirteenth streets 12,505 yards 

Total 18,001 yards. 



TESTIMONY OF ADOLF CLUSS. 2247 

18,001 yards earth, at 30 cents $5,400 30 

18,001 yards haul, at 45 cents 8, 100 45 

Mr. Barney's measurement 13, 501 05 

CHAS. E. BARNEY, 
Frineipal Assistant Engineer. 

Mr. Oertly's measurement §17, 765 "25 

Mr. Barney's measurement 13, 501 (*5 

Difference 4,262 20 

There is sufficient held against Albert Gleason to cover the overestimate of 84.264.20. 

J. C. LAY, 
Auditor Board Public JVorks. 

The Witness, [after reading paper.] If sufficient is retained, Mr. 
Mattingly, this does not justify the assistants iu my office in partial 
measurements giving 33 per cent. more. 

Q. I do not say it does. — A. I have a right to object to any such man. 

Q. But still I don't think it justifies his cliief in denouncing his meas- 
urement of the street without knowing how much the excess is. — A. I 
know it was a high excess, and I know it was a partial measurement of 
30 per cent, more than it shoukl be. 

Mr. Christy. I wouhl like to ask in this connection, bj' whose autlior- 
rity Mr. Barney made the measurement of yesterday ? 

Mr. Mattingly. By the authority of Governor Shepherd. 

Mr. Christy". And not by the direction of the engineer of the board ? 

Mr. Mattingly'. Xo, sir ; the engineer of the board, 1 take it, can- 
not expect much further intercourse. 
By Mr. Mattingly : 

Q. You made some allusion to the contract for the wood i)avemeut on 
Fifteenth street, between S and Boundary. State whether that is the 
voucher signed by you? — A. Yes, sir; that is one of the first blank 
vouchers — 5,823 square yards of wood pavement, whicli will make, if 
you will put down the price, about 817,000. That is correct. 

Q. This same gentleman, you state, had a jiartial measurement, and 
had got his money and had gone. What did you say about that ! — A. 
I said that after he had his measurement he stopped work, and left that 
part of the street which connects with the city proper unfinished. He 
has left the city for a length of time, for parts unknown to me. 

Q. Did he not report to you before leaving ? — A. Xo, sir. 

Q. Look at this voucher of J. E. Gregg, for Fifteenth street between 
S and Boundary-. Did you sign that :' — A. Y'es, sir. 

Q. Mr. Cluss, just take these papers and state what they are. 

[The witness then read the papers and indorsements as follows:] 

Washington, January 6, 1874. 
Board of Public Works : 

Gkxtlkmex : I respectfully ask for a measurement of the grading of Now Hamp- 
shire avenue, from K street to Potomac River. 
Very respectfully, 

HUGH MURRAY. 

Board of Puiimc Works, District ok Cor.iMruA, 

Washinyton, January 7, 1874. 
Respectfully referred to the engineer in charge. 
By order of the board : 

FR.\NK T. HOWE, Chief Clerk. 

Respectfully returned with account for transmittal to auditor. 

.ADOLl'H CLUSS, Enyineer in Charge. 
January 16, 1874. 

Respectfully referred to the auditor. 
By order of the board : 

FRANK T. HOWE, Chief Clerk. 



2248 AFFAIES IN THE DISTRICT OF COLUMBIA. 

Pavements for sideivaRs and carria(/e-ivai/s. 

Washington, D. C, January 15, 1874. 
Board of public Tvorks, District of Columbia, to Hugh Murray, Dr. 
29,385 cubic yards gradiug. at 30 cents per yard C;a o-,- t-r, 

29,385 cubic yards haul, 2,500 feet over 200 feet, at If, equal to SlV-V.'.".'.".". ^'9,182 81 

I Less 20 per ceut ^.^^qq ^1 

t: .3,o99 6b 

c3 _^ 

Deduct certificates 4847 and 8973 ^t'ltl 56 

9 414 09 
I hereby certify that I have measured and inspected the work done by Hu-h Murrav 
ou the improvement of New Hampshire avenue, northwest, between I street an Vh^ 
gima avenue, embraced in the foregoing bill, which work was doue under the order of 
theboardof public works and find it correct as to quantity and qualityTand that 
cati^*^ "' "' "''^*''^'''^ '^"'^ ^'^^^' furnished, as per contract^and specifi- 

Dated January 15, 1874. ^^^^- ^^ ^^^NEY, Assistant Engineer. 

Approved January 15, 1874. 

ADOLPH CLUSS, 
Engineer Board of FuhUc Works, in Charge. 

I certify that the foregoing bill is correct in form, and that the prices are accord- 
lefn ^^rSSL'ri'"' '' "'''^""' '^""'^''''^ ^" '^' ^""^ "^ ninety-four hundred and four- 
Dated January 20, 1874. 

Certificate No. .361. Board public works 187, vol. 1, 1S74. Pavements for sidew^Tk-« 
and carriage-ways January 15, 1874. Hugh Murray's'bill for woSne on New Sp- 
shire avenue northwest, between I and Virginia avenue, .$9,414.09. Partial measiu-e 
ment. Received January 20, 1874. Certificate No. 361 for $9,414.09. H. Murray 

The Witness. This is the voucher that Mr. BarDey and myself have 
exi)lameu the circmnstauces under which it was made. 
Q. What is the amount received f— A. $3,o99.6G, 

Q. This contract numbered 12S0,just state to tiie committee what that 
IS. — A. Andrew Gleason. 

Q But for what?— A. H street, northeast, from Delaware avenue to 
liightli street. 

Q. iloAv many yards of bluestone pavement are these ?— A That is 
all striken out, you see. 
^_ Q. I see it is. How many yards were they ?— A. This is a canceled 

iq^inn^^''^^ 'Y,,^^^^!^!^;^— ^- There is the bluestone pavement, 
13,000 yards, and then 113,777 yards. ' 

Q. That, however, is over an erasure, is it not !— A. It looks so 

Q. How much was there originally 1—A. I could not sav. It is the first 
time I have been shown this voucher. I have never hea'rd of it before 

Q. iou never heard before that you had made a mistake of 8100,000 
m that contract of Gleason's ?— A. There was not the least doubt 
^.3^ »"^Y^\"^ question, if you please. Did you ever hear of that 
Detore ^— A. JSo, sir. There must be something- 

Q. I think there must be. That 1,300 yards of blue-rock pavement- 
how much is the amount extended ?-A. Again, this left my office in 
blaifk and, therefore, I am not responsible for the amount carried out. 

i^. How much IS there carried out— $172,500 ?— A. Could the auditor 
HaA e been so ignorant in doing- that— 13,000 



TESTIMONY OF CHARLES E. BARNEY. 2249 

Q. What was there when the auditor ]nit the sl72,000 there ? That 
is what I asked you a little while a<;o. How many yards of blue rock 
would it take to amount to 8172,000 f— A. You can see that that is a 
clerical error, when anything- like this is said there. 

Q. But when the auilitor came to extend the amount, then he ascer- 
tained the error?— A. In the course of thino;s you have found a little 
error. Is it exactly the thin<,^ to bring such a little clerical error here . 
Q We do not bring here small errors, but here we have brought 
an error amounting to over 8100,000. Mr. Class has taken the ground m 
liis testimony that he ought to have the right of inaking the nu'usure- 
ment without the order of the board and sending it to the auditor's 
ottice.— A. I have not said so. I have said that I ought to have the 
insertion of the prices, so that the auditor afterward could go over 
them. The very fact of sending blank vouchers is just the thing to 
lead to such errors. 

Q. Do not you know, Mr. Cluss, that this was a mistake made by 
you !— A. 1 wish that Mr. Barney, who is the measurer of the board, 
should be examined u])on the subject. 

Q. Do not you know that that was a mistake which occurred in your 
office, and was corrected by the auditor ? 
rXo response.] 

A. Tht^re was nothing criminal in making the mistake.— There is a 
clerical error, no doubt, which you have had the courage to bring up 
here. I congratulate you upon the feat. It is all made correct now. 
This is the measurer's slip. If our clerk put down the same thing here 
it is a mistake, but it shows to the committee the wrong system of send- 
ing blanks down to our office. 
By Mr. Ha^milton : 
Q. Do you know whether those figures were on that paper when you 
signed your name there '^— A. No, sir ; not on it. 
Mr. Ha-\iilt()N. Then it was no mistake of yours. 
Mr. Mattingly. That is not it. The $172,000 was not there. But 
vou will notice the 13,000 yards is written over an erasure ; the original 
iiumber of yards was there, which justified $172,000. That is where the 
mistake was. 
Ml-. Hamilton. The mistake was in the yards. 
The Witness. It seems to be a clerical error, but the slip above shows 
it to be all right. But the clerk most likely mad.e the error. 
Mr. .Maj'Tingly". I supi)Ose it was a clerical error. 
:\Ii-. Wilson. The error is in the measurer's slip ; Mr. Barney will ex- 
plain it to vou. 

Mr. :Mattingly. I have no doubt it is a clerical error. I simply in- 
troduced it to show that Mr. Cluss is not infallible by any manner of 
means. 

:\lr. Wilson. Mr. Harney, will you be kiud enough to explain that, to 
save the trouble of calling you back ? 

Engineer Barney recalled. 

Tliis is a very natural mistake. This measurement w«a.s made by Mr. 
Dauenhower, ami in his sliji he has got one too many ciphers on it. He 
omitted to put in the decimal point; but where the clerk has made it 
out he has got the 13,000 there all right. Tliat 172,r,0O I do not know 
bow it got in there; 1 presuuie the auditor carried out his slij*. 



2250 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Mattingly ; 

Q. But he has got 115,000, has he not, Mr. Barney ? This slip of the 
measurer is 115,000 ? — A. Yes; but here is the voucher we sent dowu. 

Mr. Morris, (auditor's clerk.) But doa't you kaow it came down 
115,000? 

The Witness. I do not know about tliat. 

Q. Woukl not 115,000 yards of blue-rock pavement amount to $172,- 
500 ?— A. Yes, sir. 

Mr. Mattingly. Here is the measurer's statement of 115.000 yards. 
That is copied there, and 13,000 is written over it. The 115,000 yards 
would just amount to $172,500. That is signed by Mr. Cluss. 

Mr. Cluss. It shows that the system is wrong. 

Mr. Mattingly. It shows that a mistake made in your office will be 
corrected in the auditor's office. 

Mr. Cluss. If the figures were carried out in my office, then the aud- 
itor could look over them again. 

Mr. Mattingly. I do not believe I want to ask Mr. Cluss any more 
questions. 

Mr. Gloss. I am very glad to hear that. 

Adolf Cluss recalled. 
By Mr. Stewart : 

Q. When did you find that this system was such that it could not 
work well ? — A. This very system which is exemplified here — I have 
from the very first day when I thought— I am naturally a conser\ ative, 
and before I recommend a change I would be very slow, if I knew that 
a competent man has been before me at the same place, in recommend- 
ing a change. So it took me a long while until I saw that this was 
radically wrong, and then afterward it took me a long while until I could 
convince other members of the board it was wrong. 

Q. How long ; you went in as a member in October, 1872 ? — A. Yes, 
sir. 

Q. How long after that before you came to the conclusion that the 
system was wrong ? — A. This conviction gradually matured — slowly. 

Q. Was it six months! — A. I am learning every day. 

Q. When did you come to the conclusion that the system was wrong? — 
A. I am one of those progressive men who tries to learn every day ; so 
I could not say exactly. I am more confirmed in this view than 1 was 
six months ago. 

Q. Did you think it was a vicious system six months ago 1 — A. A bad 
system I said, not a vicious system. It was too complicated altogether. 

Q. Then the mistakes, errors, or frauds that have grown up are the 
result of the system ? — A. Most of the errors, I dare say. 

Q. And not the fault of the men who admiuistered'it ? — A. No, sir. 

Q. There have been two sessions of Congress since you became a mem- 
ber of the board of public works ? — A. Yes, sir. 

Q. Did you ever suggest this to Congress ; did you ever make any 
suggestion that this system should be changed '? — A. I did not do any- 
thing to create ill feeling toward the District government, as they seek 
to make up here. I have done, in a quiet way, my duty. About Mr. 
Forsyth and his doings I have spoken to you yourself personally many 
times. 

Mr. Stewart. Yes; you have spoken to me about Mr. Forsyth. You 
said you did not think he was a very competent man. I recollect that. 

The Witness. And when an opportunity would have occurred to 
speak about other matters I would, without doubt, have expressed my- 
self in the same way. 



TESTIMONY OF ADOLF CLUSS. 2251 

Mr. Stewart. I know you very well, Mr. Class ; but I did not get the 
idea from any conversations that we have had — and we have had a 
great many— ^our intercourse, I believe, has always been pleasant — but 
I never got the idea that there was anything wrong about the arrange- 
ment of the aflairs of the District, so far as you knew. You certainly 
never conveved that idea to me. Did you intend to? 

The Witness. 1 could not say exactly. As I said, I told you— and 
you know Mr. Hildreth — there was a peculiar opportunity of speaking 
about this gentleman I have just mentioned, Mr. Forsyth. 

Mr. Stewart. 1 know we were talking about the grade down there, 
and you said that you thought there was a difference of oi)iiiion about 
where the grade had been, and you said you had been misled in the 
matter by Mr. Forsyth in regard^o Mr. Ilildreth's house. Jiut, then, did 
you say anything to me at any time that would lead me to believe that 
there was such fraud and corruption that the city was in danger ? 

The Witness. I have never said on the witness-stand that there was 
such frauds and corrui)tiou ; but I dare say as long as a year ago I 
thought there were irregularities. I meant to go this morning and see 
Senator Morrill and see whether he recollects an occurrence that took 
place a short time ago before he went away. I went to him as chair- 
man of the Committee on Public Buildings and Grounds, he being a 
man in whose good oi)inion I have great faith, and told him that I be- 
lieved that the board of public works' concerns were not done with that 
accuracy which 1 had been accustomed to before, and 1 had an idea of 
resigning. The Senator told me afterward to try and do the best I could, 
and to hold on. 

Q. If you had thought that your colleagues — I mean the members of 
the board of public works— had been dishonest men, you would have re- 
signed, would you not?— A. Yes, sir; if I had seen them steal. 

Q. If you had believed they were stealing, you would have resigned ? 
If you had believed, for instance, the governor was stealing, don't you 
believe you would have tendered your resignation? — A. I never thought 
of such a thing; never allowed myself to form such an opinion. 

Q. You believe him to be an honest man, do you?— A. I believe every- 
body to be honest until proved to be dishonest. 

Q. Y'ou have seen no evidence of his dishonesty ?— A. No, sir. 

Q. Then, if you had seen evideiice of dishonesty anywhere, you would 
have resigned ; you would not have been associated with them and taken 
this responsibility ? — A. No, sir. 

Q. When this investigation came on, and Mr. Mattingly suggested to 
you to come and testify, why didn't you do that ? Did not you think it 
was proj>er for all of us" to know — good, bad, or indifterent ? — Why didn't 
you come up and tell the story right out ? What was your objection ? 
We are all trying to tind out the truth about this matter. What was 
your objectioii to telling of any irregidarities or frauds, or anything of 
that kind that existed ?— A. I noticed there was an attempt to conceal 
things. I have seen a coui>le of times statements made uiuler oath — 
for instance, in the case of Mr. Sam Strong, the governor said he had 
never seen the i)aper when he had signed it. Then I did not like to be 
in this position. 

Q. Why didn't you come up and tell it right out ? You wen- under no 
obligation to k<'ei*) anything secret ?— A. 1 knew that you knew my direc- 
tion if you had wanted mc;. Vou know that I am not alraid to say 
anything anywhere. I believe you have always known me so. 

Mr. Stewakt. I don't believe you have been afraid to talk, now since 
you have got here — to state anything you ple;ised. 



2252 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

The Witness. Or on any other case. When I try to work for yon, I 
try to work for your best interests. 

Governor Shepherd. 1 have just this moment come in, and I should 
like to have the witness state what paper it was of Mr. Strong's that I 
stated I had not seen, but which I had signed. 

The Witness. Somehow or other a paper had been prepared np here, 
and had the signatures of Governor Shepherd and Mr. Magruder to it. 
It came down to the board of public works for my signature by Charles 
S. Johnson, who is here, I think. I don't know how it was. 

Governor Shepherd. I desire the record to be produced. I do not 
want such a statement as that to go out. It is false from beginning to 
end ; I never said anything of the kind ; or never spoke to this com- 
mittee about it. 

Mr. Stanton. The whole thing was gone over here, and fully ex- 
plained. 

Governor Shepherd. I demand that the record be produced. 

The Witness. I hope it will be. It was stated here that the governor 
had put his signature to that paper. 

Governor Shepherd. Mr. Harrington, one of the counsel of the Dis- 
trict, stated that I had, at his request to me, put mj signature to that 
paper ; 1 made no statement in regard to it whatever. 

The Witness. I should like to see the testimony. 

Mr. Christy. The whole matter appears in the testimony, and the 
point we nmde on it was this : that Mr. Magruder, called to make an ex- 
planation, did not state that his name was appended to the paper. 
That is the point I made as to Mr. Magruder at the time, as you will 
find it in the testimony. 

Gov^ernor Shepherd, fto Mr. Christy.] Did I make any statement 
about the matter? 

Mr. Christy. I do not think you did. 

Governor Shepherd. I made no statement in regard to it. 

By Mr. Stewart : 

Q. Is that the reason you did not come up to testify ? — A.. It was not 
for me to volunteer, as the counsel will say, state evidence. I came 
here when I was summoned. 

Mr. Stanton. Mr. Cluss has indicated that as one of the efforts at 
concealment. That is all. There was no concealment practiced. 

The Witness. I think it was an incorrect statement. 

Q. You would not come up here when Mr. Mattingly asked you. That 
seems to be a little strange. Why didn't you come up then ! — A. I have 
stated so. 

Q. You say that you were on friendly relations with them and are yet. 
You are a member of the board and liave high responsibilities. Did 
you decline to come then ? — A. I declined to come. I would rather be 
relieved from it, because I knew my testimony could not be of much 
use to them. 

Q. You were not going to occupy the position of defending or prose- 
cuting any body in any way, were you? — A But in that fence matter, 
there was an advertisement offering to do the work at much lower prices 
than were afterward given, and I did not like to expose those things 
before the committee. I did not like to come up here about my asso- 
ciates. 

Q. At the time they requested you to come, did you expect to come I — 
A. O, no, sir. 



TESTIMONY OF ADOLF CLUSS. 2253 

Q. How long ago was it that the.v requested you to come ? — A. I do 
not remember. It was about five or six weeks ago. 

Q. You commenced preparing to come here though after that. Did 
you prepare this book then? [Keferring to memoranda-book of wit- 
ness.] — A. There are any quantity of notes which 1 thought possibly 
I might be asked about, and here are some more, and some nu)re are in 
this book, [referring to another book.j There are a whole lot of them 
here. 

Q. Did you notify your colleagues of these facts, and call their atten- 
tion to them t — A. Of which facts, 

Q. What facts you have collated here in those memoranda. Did you 
tell them how numy investigations you had made, and what you had 
found wrong? — A. They never asketl me about it, and so I thought tliey 
were able to take care of themselves. If they had asked me, I would 
certainly have co-operated with them to the best of my power, and 
would have fearlessly told them what I thought to be wrong. And I 
would have told them whenever there was any little irregularity to 
acknowledge it. 

Q. That is the way to do! — A. Yes, sir; because in matters and 
things of this kind, if you attempt any concealment, why a false motive 
may be attributed to you in not disclosing, and then the things them- 
selves will be exaggerated. 

Q. Y^ou say that you nuule these preparations. Did you tell anybody 
that you had made prepartions to come here 5 that you knew anything ? 
— A. No, sir. 

Q. Y'ou had no idea of what you were going to be called on to testify 
to; you had no communication with anybody, but came right forward 
here in this way.' — A. Y'es, sir. I had an idea, because I did iu)t want 
to see the whole press of the country just coming down on the engineers. 
I thought it was unjust to the committee not then to call upon me, so 
that I could vindicate my able associates, who are men of integrity and 
fearlessness. 

Q. Did you come to that conclusion before or after you were sub- 
poenaed ? — A. Before my subpoena. I should not have been subjected 
to the cross-fire of four learned attorneys if I had not recollected cer- 
tain facts. You kiu)w it is a number of years ago, and 

Q. Did the fact that the press ot the country charged you engineers 
with these things incense you at all against your colleagues '? — A. iNo, 
sir; I ha\"e no ill feelings toward anybody. 

Q. You have defended all your engineers except Mr. Oertly. Y^ou 
have not defended Mr. Oertly. — A. I could not well do it. W a man 
gives .30 per cent, more in a i)artial estimate, I cannot defend him. It 
is against my principles. 

Q. In how many instances has he made a mistake, and gi\en '.'A) per 
cent, more? — A. 1 find in all these partial measurements that they are 
too full. I find a good many cases of i)artial measurement where there 
are about say 1,000 or 1,500 yards below tlie partial measurement. If 
these were exce[)tional, then, of course, I could iiavc some indulgence, 
but when it hai»pens so often I could not. 

Q. Mistakes occur frefjnently on tlie part of engineers, do they not, 
even with you and Mr. IJarney ? — A. Of course, an error may occnr 
with aii>l)ody exeept the Lord liimself. 

(^>. Tlicn yon would not have made preparations to come here if there 
had been no attack upon your engineers ? — A. I do not know about tiiat. 
1 am always that kind of a man, ready for emergencies, and so, of Course, 
1 made my scribblings — made my notes alxMit the course of things. 



2254 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. You prepared for emergencies? — A. Yes, sir. 

Q. Wheu you bad made up your mind to defend the engineers you 
commenced to make this preparation. Who did you go to ? — A. I didn't 
go to anybody. 

Q. Didn't tell anybody ? — A. No, sir. I have perhaps spoken to some 
of the young men that I hoped an opportunity would be offered to say 
a good word for my engineers, and that I should be very glad and very 
willing to do it. 

Q. You did not furnish anybody a memorandum of what you had 
made up here at all? You just made up your mind that you would 
defend the engineers! Don't you think you brought a little feeling into 
this matter ? — A. I have none whatever. 

Q. And you go away with no feeling ? — A. Yes, sir. 

Q. And you think that as soon as you found that there was anything 
wrong you would disclose it, without keeping it concealed f You have 
served on the board for nearly two years ? — A. Yes, sir. 

Q. How long is it since the Governor's Answer was out ! — A. Yes ; 
only I saw careless work was done from these Government measure- 
ments. I had positive proof then, and I was ashamed of it. 

Q. Did you call his attention to it then? — A. The Governor's Answer was 
out, and the governor didn't pay me the courtesy of sending me a copy, 
and my attention was only called to it when it was moved in committee. 

Q. What was there in the Answer that incensed you ? Just show me 
that. — A. I didn't see the Governor's Answer after it was published for 
several weeks. 

Q. Show me where it is. — A. These Government measurements. 

By Mr. Hubbell: 
Q. Don't you know Governor Shepherd didn't publish the Answer; 
that this committee published it? — A. I understand that the governor 
has been furnished with twenty copies. 

By Mr. Stewart : 

Q. If you didn't get your copy from him where did you get it from ? 
Did you ask him for a copy ? — A. In fact, I didn't know the volume of 
the document until several weeks after the whole thing was out; I 
didn't know, indeed, there was such a volume as a document out. 

Q. Did you ask for a copy of it ? — A. I didn't know at all ; it was a 
couple of weeks before, in fact, I knew there was a book compilation. 

Q. Did you ask for a copy when you found out ? — A. I think I got 
one ; now you ask me what points, last evening, on the question of Sen- 
ator Allison, I went over it. 

Q. You need not go over it again. — A. I find a mistake of $5,000 
that he suggested to me yesterday ; that is on the flagging of B street 
north between Sixth and Sixteenth streets north. 

Mr. Hamilton. You need not go over that now. 

By Mr. Stewart : 

Q. Then when the Governor's Answer came out you made up your 
mind you would not have anything more to do with it — with the governor 
or the board of public works ? — A. Nothing of the kind. 

Q. You made up you mind you would not come forward and make a 
statement of it — clean breast of it — at that time ? — A. No, sir ; it took me 
some time until I got acquainted with the whole document. The docu- 
ment is so voluminous it takes a man a long time to read it. 

Q. Did it ever occur to you that, being associated with the system 
that you condemned so strongly, against which you have so much feeling, 



TESTIMONY OF ADOLF CLUSS. 2255 

after eightoen months, being associated with tliat system for eighteen 
months without resigning and without communicating it to anybody, 
and signing a great many of these documents, appearing as the engi- 
neer, tiie responsible head — did it ever appear to you that you were in- 
juring your reputation in standing in that position so long! — A. I did 
cominuni(;ate it to friends — to Col. W, H. Phillips, who told me yester- 
day that he was glad to say at any time that as far back as one year 
ago he reciuested me to stay on the board of public works as a cham- 
pion of the United States and of the taxpayers of the District. He 
told me yesterday that at the time when I spoke to him and expressed to him 
some little doubts, that he had been speaking to Mr. W. W. Corcoran, 
and Mr. Corcoran remembered this conversation clearly. 

Q. Who appointed you '? — A. The President of the Llnited States. 

Q. You were somewhat responsible to him, were you not? — A. Cer- 
tainly. 

Q. He resides in the District ? — A. Yes, sir. 

Q. If this thing was wrong — you saw his message on the subject ? — 
A. Yes, sir. 

Q. Don't you think you ought to have suggested it to him ? — A. It 
was not in sufficient shape that I could tell him. 

Q. There was nothing yon could suggest to him ! — A. I had my mis- 
givings, you know, about the whole work, about the punctuality of 
everything that was done 5 it was not sufficient to make a positive 
charge. 

Q. Did you wait for a positive charge when the President had ap- 
pointed you, and you were made the engineer, a most important officer 
in this great city, where these improvements were being made, and he 
had commended tlie work in his message — don't you think you ought 
to have spoken to him and put him on his guard? — A. It was not suffi- 
cient, any of it; if it had been sufficient I woidd have resigned. 

Q. Then, after all, there is not much in it ? — A. There is more in it 
since the governor's answer was published ; since I saw Government 
measurements. 

Q. Not much in what was paid to private contractors? — A. Well 

Q. Was it a bad case or not? Have you been connected now with a 
bad case <u' not? — A. It is a bad case, of course. 

Q. How long have you been connected with a bad case? — A. If we 
Lave to jiay out certificates worth thirty or forty cents on a dollar 

Q. Do you or not think you staid with a bad case before you notitied 
those who |)ut confidence in you without staying too long? — A. No, sir. 

Q. You think you came out at the right time ? — A. No, sir; I do not 
think 1 did. I did not want to put myself in that position. I did iiot 
create the occasion. 

(). You did not create the occasion ; you thought it was projier to wait 
until this time. There has l)een a large amount of money spi-nt ? — A. 
Yes, sir. 

Q. Was it not your duty there, as an engineer, if this machinery- 
would not work, and waste the people's money, was it not your duty to 
put your foot right on it then ' — A. I do not think so. It is a matter 
for judgment what to do. 

Q. 1 arn sorry to hear you say that, that yon <;oMld Ite ronnecled for 
eighteen months with a machine whereby the people's money was being 
squandered ? — A. I do not say so. Senator. 

Q. You do not think so ? — A. I do not say so. 

Q. You have told us you did not think — I will put the case : Do you 
think that you could be connected as engineer, in the most responsible 



2256 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

place in the Goveruiiieut for eighteeu mouths, where the money was 
being- squandered, and not know it ? — A. I have guarded the public in- 
terests as well as a man could, during the long time I have been there. 

Q. You believe you could be there in that place aud not know it ; you 
believe that you could fill the most important place, where you signed 
more vouchers than all the balance of them put together ; where yon 
have the measurement of all the work, &c. — be there eighteen months, 
and there be a general system of frauds going on, and you not know 
it 'I — A. I liave not said so. 

Q. I do not charge you with saying so. 1 mean, could you have been 
there that long, there being a general system of frauds, and yon not 
know it ? — A. Of course if there had been a system of fraud I would 
have known it. I do not say the system is a fraudulent one. It was not 
a good way of doing business. 

Q. There was nothing sufficiently important that caused you to feel 
it your duty to either come out and memoralize Congress, or to speak to 
the President, who had reposed this confidence in yon J — A. No, sir. I 
have a more quiet way of doing my things generally. I am none of 
these noisy men. 

Q. That is not noisy by any means. The President did not appoint 
you because you were noisy, but appointed you supposing you to be a 
first-class engineer, a man of talent and experience, and just the man 
to put in the breach of this thing. That is undoubtedly what the Presi- 
dent thought. — A. I have said the engineer department is open to the 
strictest criticism as far as the engineer department proper is concerned. 

Q. But 3'ou say that things that ought to have gone into the engi- 
neer's department did not go there. Was not that something which 
you should have felt at liberty to call on ans^body to aid in remedying ? — 
A. I may have done that, but the question is, whether I had sufficient 
reason for taking an open course of enmity. 

Q. Your judgment was that it was best to keep quiet until the inves- 
tigating committee called on you toward the last end, and let it outcome 
then ? — A. I thought when that investigating committee would have 
called on me the first day, I should have spoken just as fearlessly as 
the last. I have said so to the members of the committee. 

The Chairman. Where is the office of the board of public works ? — 
A. Four-and-a-half street, between Pennsylvania avenue and C street. 

Q. On' what story ! — A. The vice-president's office is on the second 
story. 

Q. I am speaking of the office of the board of public works ? — A. 
They have no office proper. The vice-president's office, that is on the 
second story. There we hold our meetings, and because we hold our 
meetings there, I would call it the office of the board. 

Q. How many rooms have you there ? In the office of the board of 
l)ublic works proper, which you call the vice president's office ? — A. 
A. Four rooms, and then 

Q. That is the office over where the papers of the board of public 
works are kept ? — A. ^es, sir. 

Q. That is the second story? — A. Yes, sir. 

Q. Where is the engineer's office ? — A. In the third story. 

Q. In the same building ? — A. Yes, sir. 

Q. Above the office of the board ? — A. Yes, sir. 

Q. Do you go to your office every day? — A. Yes, sir. 

Q. How often do you go into the office of the board of public works, 
generally ? — A. I think, twice a day. 

Q. Every day in the year? — A. Yes, sir. Sometimes I may be absent. 



TESTIMONY OF ADOLF CLUSS. 2257 

I may not, possibly, go in every day, bnt I am in tlie habit of coming 
once in the morning and once in the afternoon. 

Q. Hid you generally find Crovernor Shepherd there, when he was 
vice-pre.^ident of the board ?— A, I think that Governor Shepherd, some- 
times for three or four weeks, did not come inside of the building last 
summer. 

Q. When he was there, however, you saw him ? — A. I went to the 
engineer's office, and if the vice president wanted anything from me he 
would send or come up stairs. 

Q. Did he come up t — A. O, yes ; occasionally. 

Q. He would come upstairs, and you would go down-stairs ! — A. Yes, 
sir. 

Q. I want you to tell this committee what your opinion is of Mr. 
Oertly as to integrity ? — A. AVell, my opinion was always good. I have 
said so already in my testimony. 

Q. I mean your present opinion of him as an engineer of integrity ! — 
A. Well, I still would not say anything against his character. 

Q. Do vou believe, or not, that he is an engineer of integrity ? — A. 
Well, I think so. 

Q. You think he is I — A. Y"es, sir. 

Q. Do you think he had any instructions from any member of the 
board to make excessive measurements ? — A. Well, I never thought of 
that at all. I do not think he had any instructions to make over-measare- 
meuts. When the Government appropriations were made, the members 
of the board liked to see tlie measurements foot up as much as possible, 
but I do not think that any positive orders were given in any way or 
shape. 

Q. When you called Mr. Oertly's attention to this large estimate for 
John O. Evans — this partial estimate which has been testifietl to — and 
he said to you as an excuse for his action that he was directed to do so, 
did he tell you in that statement that he was directed to make an ex- 
cessive measurement ? — A. ]S"o, sir; he did not. 

Q. Or to nuike true measurements? — A. The question did not come 
up. 

Q. The question did not come up ? — A. No, sir. 

Q. It did not then occur to you that there had been excessive meas- 
urements ? — A. Whenever such a point came up I would make notes in 
my papers, and then in my own way I would go along and make gen- 
eral comparisons. 

By Mr. Stewart : 

Q. I see that you entertain the same opinion now that you did in 
November last in regard to Mr. Oertly ? — A. Well, yes. 

Q. Most of these measurements were made since then ? — A. I think 
that the system has made him more careless than he was before. 

By ^h\ ^fATTINGLY : 

Q. His measurements were made before this? — A. .But they were not 
published ; 1 did not know them. • 

By the Chairman : 
Q. Do you think that Mr. Oertly made these measurements for John 
O. Evans knowing that he was making excessive measurements, or do 
you think he committed a mistake as an engineer ? — A. I think lie com- 
mitted a mistiike, with a view to accommodating those folks as nuudi as 
he could. I do not think he nu'ant to commit anything that was wrong. 
Q. You do not think he intentionally made an excessive measure- 
142 DOT 



2258 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

ment ? — A. A friendly iDtercourse of twenty years would make me very 
slow in believing anything like tbat, because I have always esteemed 
Mr. Oertly very highly, and indeed I felt very sorry to see those meas- 
urements ; more sorry than if I had made them myself. 

Q. Do you know of any final estimate having been made to any con- 
tractor in excess of the real amount of work done? — A. No, sir; I do 
not recollect any at all now. 

Q. You do not know now of any final estimate having been made to 
a contractor in excess of the work done "? — A. No, sir ; I do not think 
that there was any. 

Q. Does that apply to all the work done since yon have been engi- 
neer in charge ! — A. I think it applies to all the work, to the best of my 
knowledge. 

Q. If any such estimate had been made, would you not know it? — A. 
Whenever they were I tried to find them out and corrected them. 

Q. You have seen these irregularities going on from time to time, 
which of course put you upon careful inquiry ? — A. Yes, sir. 

J. Blickensderfer, jr., recalled. 
By Mr. Stewart : 

Question. You have been making more surveys ! — Answer. I have, 
sir. 

Q. Did you have with you the person who made the original 
measurements! — A. I do not know that I had, but I applied at the 
engineer's office for the profiles, cross-sections, and maps of the streets 
that I was going to examine, stating what I intended to do, and they 
were furnished to me, and I have since then communicated with those 
gentlemen, more or less; not with the subordinates in all cases, but 
with Mr. Cluss and Mr. Barney. My application, as I stated before, 
was made to Mr. Cluss — formally made to him. He generally referred 
me to Mr. Barney for additional facts. I may say further that I have 
asked for explanation of discrepancies, and they have in part been 
given to me and in part they have not. 

By the Chairman : 

Q. What measurements have you made, sir? — A. I have examined 
Twelfth street from F to P, East Capitol street to a certain extent, 
New York avenue, and B street. I would be glad to state further, if it 
is the pleasure of the committee to hear me, as briefly as possible, in 
reply to some of the suggestions of Senator Stewart. I understood 
him to ask me whether I had the person with me who had made the 
original measurements. I said I had not, but the measurements that I 
made, for example, on Twelfth street, were confined to the earth- work, 
and I had the profiles, notes, and cross-sections furnished me by Mr. 
Barney, who took them himself, and what reason there was for him to 
be with me when I examined them, I do not understand. 

Mr. Stewart. O, that is all right; there is no objection to that, but 
this is my point :iif it involves a week or ten days to reexamine this, 
then I object to spending the time of the committee. If it can be 
tested so that we can get it in a report this session, I am in favor of 
putting it in. I want to see an end of it; that is all. 

By Mr. Wilson, (to the witness:) 
Q. Have you your statements with you? — A. I have the results, if 
you refer to that. 

Q. Are you ready to report them I — A. Yes, sir. 



TESTIMONY OF J. BLICKENSDERFEE, JR. 2259 

Q. Tou have this from the data that were furnished you by the en- 
gineers of the board of public works, have you ? — A. Substantially ; 
not always absolutely, as I should have to explain. For example, on 
East Capitol street they gave me the notes that they had, but I found 
that they wei'e simply notes giving the contour surface of the ground. 
They had ma<le no notes after the work was done, and could not give me 
the grade, so I could tell the diflerence between the top of the ground, 
and as it was until after it had been done, and I had to make that my- 
self. 

By the CHAIRMAN: 

Q. Have you made such an examination and measurement of these 
streets that you have named, and of which you have an abstract there, 
as to sfitisfy yourself with reference to the accuracy of your measure- 
ments ? — A. I have. 

The CHAIRMA2J, Then we will have it. 

Mr. Mattingly. I submit to the committee that notwithstanding Mr. 
Blickeusderfer states — and I have no doubt states truly, as a matter of 
course — that he is satisfied with the accuracy of his own measurements ; 
that it is no more than proper under the circumstances that his results 
should be submitted to us in order that we may save time, and have 
them examined, and if we fixed them, as he states, accurate, and can- 
not account for any discrepancies, they will be cheerfully admitted ; and 
if they can be accounted for they will be explained. It strikes me that 
by doing so, it would save a good deal of time. 

Mr, nA3iiLT0N. I understand that he has reported his results to the 
engineers of the board. 

5lr. MATTi^aLY. We have not heard them. 

The Witness. I never went to the counsel, but I did explain the dif- 
ferences to the engineers. I did not suppose it was necessary for me 
to. 

Mr, Mattingly. He has been to Mr. Cluss, but certainly it is unnec- 
essary for me to make any statement about that. 

The Witness. Mr. Mattingly, I wish to correct a fact. An inference 
might be drawn from your remarks that I had been to Mr. Cluss, and, 
therefore, to nobody else, perhaps. I have been to Mr. Cluss, Mr. Bar- 
ney, and Mr. Oertly. I have had the explanations of all three ; and I 
have requested them, if they could, to communicate with Mr. Forsyth ; 
but 1 have not gone to Mr. Forsyth personally and hunted him up. I 
have not had the time. 

Q. Have you left with either of those gentlemen a copy of your re- 
sults ? — A. 1 have not given them a copy. 

Q. You have merely talked to them about it? — A. No, sir: I have 
shown them my figures and told them the differences. I am not sure 
that I have in all cases told chem the actual differences, but stated that 
I could not make it agree as they did, and I made it considerably less, 
although, in some cases. I stated what I did make it. I believe J did 
fully, 

Mr. Christy. Mr. Chairman, there is one angle of this triangular 
contest that they do not seem to take into consideration at all, that \% 
ourselves. The only way in which we (;an get this information is by- 
Laving it ai»pear here, unless we have the inivilegi' of examining it at 
some future time, after the gentlemen are content with the examination 
made by themselves. 

The Chair:man. I think there will be no trouble about the matter at 



2260 AFFAIRS IN THE DISTRICT OF COLUMBIA, 

all. There may be a litte delay, but we will try to do justice to every- 
bodj' as nearly as we can. 

Mr. Christy, It was upon that hypothesis that I addressed myself 
to the chairman. 1 think if Mr. Blickensderfer is ready lie might give 
us his statement and then it can be printed, and the gejitlemen can 
make any corrections they desire. I think that is the shortest way. 

Mr. Stainton. A mere statement of the amount of the discrepancies 
was no guide to our engineers for a review of the details of his meas- 
urements. "* 

Mr. Hamilton. Yes, but he has done his work on your measurements^ 
as I understand it ; he has done the work on the material and data fiir- 
nished in the office. 

The Chairman, Well, gentlemen, there seems to be some controversy. 
The committee will retire a moment, and we will endeavor to come to a 
conclusion satisfactory to you all. 

[The committee hereupon retired for consultation, and returning the 
chairman interrogated the witness as follows :] 

Q. Mr. Blickensderfer, have you reduced to writing the result of your 
examinations ? — A. Yes, sir ; in a short succinct way, as I did before, 

Q, In the same manner as you did before! — A. Yes, sir 5 substan- 
tially. I will read it : 

Ttcelfth street 'between F and P. 

Yards, 

Escavatiug, as calculated from notes 25.693 

Additional at intersection of Magsacbnsetts avenne , 744 

Total 26,437 

Inclusive in the 2 feet of grading covered by price of payement 7, 280 

Balance...- 19,148 

Allowed to contractor - 41,000 

Overestimate to contractor, supposing him entitled to total quantity 14,563 

Overestimate to contractor, deducting 2 feet 21, 852 

Overpayment to contractor over total quantity of earthwork. |7,281 50 or 55 per cent. 
Overpayment, deducting 2 feet covered by price of pavement. 9, 468 20 or 86 per cent. 

East Capitol street. 

Excavation, estimated. First to Second street 14, 389 yards. 

Excavation, estimated. Second to Fourth street 15,000 yards. 

Total 29,389 yards. 

Included in 2 feet covered by price of pavement 9, 722 yards. 

Balance 19,667 yards. 

Allowed to contractors 43,870 yards. 

Overestimate to contractors, supposing them entitled to total quantity.. 14, 481 yards. 
Overestimate, deducting the 2 feet 24,203 yards. 

Now, in regard to B street, I have no statement. I made an exami- 
nation with a view of determining the accuracy of the quantities that 
had been charged to the Government, and 1 made up my mind they 
were about right, and so I made no statement about them. 1 should 
have said on East Capitol street — excuse me — I got a little before my 
statement. The B-street statement should have been made afterward. 
On East Capitol street I. have likewise a statement of the amount of 
curbing, 7,4:91 feet. The amount in the vouchers is considerably larger, 
and they represent considerable quantities as being set, taken up again 
and reset, and taken up, so that I could not understand it. I applied to 
Mr. Oertly, whose signature is to the voucher, for explanation, and he 
stated that certain quantities had, after being set, reset, and taken up. 



TESTIMONY OF J. BLICKENSDERFER, JR. 22 Gl 

Iwen finally taken up and cRrried off the street entiiely, aiul certain 
other quautiti«s were the quantities that were now on the street. 1 have 
made a statemeut of the two here, but I do not know whether the com- 
mittee care about their going in here. 

Mr. Stewart. Let them go in. 

The Witness. Then I will read it 

The witness then read as follows : 

CURBING — AMOUNT ON STREET, 7,491 FEET. 

Payments to contractors, 
1872. 

May 27, Setting 2,618 feet new fi-inch curb, 30 cents $78o 40 

Resetting 482 feet, old, 5-incli curb, 25 cents 120 50 

July 22. 4,642 feet new 6-incb curb and setting, $1.42 6, 591 64 

2,506 feet old 5-iuch curb, reset, 25 cents 626 50 

Taking up 2,506 feet 5-incb curb, 6 cents 150 36 

Taking up 3,860 feet 6-inch curb, 7 cents 270 20 

Taking up 4,893 feet curb in conseqnenceof change of grade, 7 cents. 342 51 

4,893 feet 6-iuch curb reset, 'S>i cents 1,467 90 

1873. 

July 9. 9,015 feet 6-inch new granite curb and setting, $1.42 12, 801 30 

253 feet /J-inch new granite circular curb and setting, .$2.05 51s 65 

23, 674 96 

Those quantities were theones represented to me as being on the street, 
mine being only 7,491, I asked for the explanation of the difference, 
and Mr. Oertly said that in measuring the curb his impression was 
they had measured the returns that were put into the intersecting streets 
back to the building line instead of simply what was on the face of the 
street. Those spaces belonged to the'intersecting streets ; but he said 
the same contractor had put those in, they were measured in. and 
put into this voucher. Making allowance for that, I find the quantity is 
just about right. I do not recollect the figures exactly. That is all 
that I have on East Capitol street. 

Mr. Wilson. How much curb is really charged to that street? — 
A. The whole of this is charged to the street. The whole of this work. 

Q. And it was laid there by the contractor. Who did the curbing for 
that street as I understand you ? — A. There were several contractors as 
I understand. 

Governor Shepherd. There was a change of grade, change of work; 

The Witness. I asked the auditor whether this street had been 
credited with this material that was hauled off, and lie said there w;is 
no credit, but he supposed it ought to be done. This is all I have 
except 

(xovernor Shepherd. Did the auditor state to you that there had 
been additional work done on that street since the assessment was made, 
which would overbalance the amount of curbing overcharged I 

The Witness. No, sir. 

Governor Shepherd. That is the fact. Mr. Wilson has lirought this 
subject up before. 

Mr. Wilson. When .^Ir. Forsyth was on the stand, I asked him about 
this. 

The Witness. That is all I have in regard'to actual measurements, 
except another thing that came up incidentally. I will exjdain to the 
committee, and they can do with it what they have a miud to. I no- 
ticed in the report of tln^ boanl of public works, in IST.'i, that the tabu- 
lar statement of areas of reservations seemed to have been gotten up, 
as I understand it, with a view of making out a stat(Miu'nt of what was 
properly chargeable to these areas on the Government areas on account 



2262 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

of sewerage ; and walking over New York avenne, with a view of mak- 
ing some examinations there, I happened to get on some of these reser- 
vations, and they were very small, one especially at the intersection of 
H and Thirteenth streets, and it seems to me it was all in the streets ; 
so I turned back, when I got to my room, and looked at that table again, 
because I thought I had noticed that there was a considerable area 
there, and I found that there was considerable area there ; and then I 
went to work and measured some of those areas on New York avenue 
as I was going up and down, and calculated them, merely as a matter 
of comparison, with the tables. I have the results here. But otherwise 
than that I did not examine New York avenue ; indeed, I did not have 
any time to make an examination of quantities particularly, and I merely 
made these measurements as a sort of matter of curiosity. 

By the Chairman : 

Q. Do you regard them sufficiently accurate to test the accuracy or 
inaccuracy of what had been done by the engineers ? — A. Yes, sir ; they 
are accurate measurements. 

Governor Shepherd. It belongs to the Government in fee-simple, 
whether it is an avenue or reservation ; whether there is anything in 
the question after all. It is Government property, whether you consider 
it as avenues or reservations. 

Mr. Cluss. I think it is important to be shown to show the errors of 
the District. 

The Chairman. We will hear it. 

The Witness. I will state that I noticed, upon a further examination of 
the table, that the table purported to give the areas of all the avenues, 
of the streets, and the reservations in addition, .md if the areas of the 
streets and reservations are properly given in that table — ^that is, if that 
table gives the areas of the avenues and streets — why, then, these are 
unquestionably inaccurate, because I noticed, upon an examination of 
them, that the difference between the quantities that I made and those 
that I found in the table could be substantially reconciled by including 
the half of the width of the adjacent streets, as well as that which was 
within the building-line, then I would get about the area that was in the 
table. 

Q. Is not that probably what was done? — A. I suppose it was. 

Q. And then it is a simple question whether that much of the areas 
of the streets was duplicated or not ! 

The Chairman. Let us hear what you have got. 

Mr. Stewart. If it is on that theory, just that fact will enable us 
to investigate it. 

Mr. Stanton. It is a question then to be determined 5 not a matter 
of calculation. 

Mr. Stewart. Let them go in. 

[The Witness then read as follows :] 



Areas — ^reservations. 



K2 



a 


1^ 






a 


&(i; 


pq 


K 


Feet. 


Feet. 


2,550 


10, 500 


3 2-10 


5, 300 


9,078 


22, 360 


8,168 


22,950 





2,700 



Between New York avenne, H street north, and square 251 

Between Kew York avenue, H street north, and Thirteenth street west 

Between New York avenue, I street nortli, Tenth and Eleventh streets west 

Between Xew York avenue, I street north. Eleventh and Twelfth streets west 

Between New Hampshire avenue, O street north, and Twentieth street west 



TESTIMONY OF J. BLICKENSDERFER, JR. 2263 

By tlie Chairman: 

Q. "What would it be measuring as you have tbe other streets 1 — A. 
If you will take the fact of the width of the streets adjacent, you will 
get just about 10,500. 1 did not measure it accurately; but finding 
these differences, I took the map and drew the lines, and estimated by 
scale what the addition would be, and find it makes just about this, 
and I suppose that is what it is. That is the case I explained to the 
committee in my previous testimony. Indeed, that was one of the things 
that drew my attention to it. 

Q. What is your impression, as to whether or not these discrepancies 
can all be explained upon the theory of the New York avenue, taking 
in the other streets? — A. They seemed to be; I am not quite sure 
whether I examined them all. But I know I examined several. First 
I drew a line in the avenues to see whether that would reconcile it, but 
it did not ; and then I found by omitting the avenues and putting in 
half the adjacent streets — always two streets and an avenue forming 
the reservation — by omitting the avenues and taking half the adjacent 
streets on the two sides of the reserv'ation, calculating that in, seemed 
to reconcile the difference. 

Mr. Stewart. Have you reported all the cases you have examined ? 

Mr. Stanton. Have you requested any explanation in regard to this 
discrepancj' — this last table ? — A. No, sir; I only finished that yester- 
day, when I was here in the Capitol. 
By Mr. Wilson : 

Q. With reference to these last tables you have mentioned, I under- 
stand you that the tables you refer to are those tables that are made up 
for the purpose of showing the area, avenues and reservations, for which 
the Government should be taxed ! — A. I believe that is the caption of 
the table. If you will give me a copy of the report of 1873 I will refer 
to it in a moment. 

Q. Can you tell from your examination whether or not the areas have 
been duplicated by this mode of measurement? I want to know whether 
you can tell from your examinations whether or not the areas have been 
duplicated in this mode of making up these tables. — A. I can only tell 
by assuming that this table, on i)age 33 of this report, tiie caption of 
which reads the tabular statement of areas of avenues and streets in the 
drainage-sections of the city of Washington, then giving the square feet 
and the avenues, and the square feet and the streets — assuming that 
these are the areas of the streets and avenues absolutely 

By Mr. Stanton : 

Q. Including the reservations'? — A. No, sir; excluding everything 
else, that they are the areas of the streets and avenues. Assuming that 
to be true, then these quantities have undoubtedly been duplicated. 

Q. Is not that the same as assuming that they have been dupli- 
cated ? — A. No, sir. 

Q. I want to know whether you can tell if they have been du- 
plicated except by measuring the entire extent of the avenut^s them- 
selves ? — A. You cannot tell it as a matter of fact, but if this table, 
as I read it and as it purports to be, contains the areas of the streets 
and avenues, then tliis additional table, which purports to contain the 
areas of the reservations besides, has uniincstioiiahly <luplicated a por- 
tion of the street, as far as these particular cases are concerned. 

By Governor SnEniEiiD : 
Q. As I understand you, that remark only applies to these points on 



2264 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

these avenues where these little reservations are formed ; it does not 
apply to those large reservations, such as this Capitol reservation, 17 "I — 
A. That 1 do not know. 

Q. You are only speaking of these points on the avenue which are 
called reservations and measured as reservations ? — A. I am only speak- 
ing of the points I examined. 

Q. These aie such points where two streets intersect, just the sharp 
points? — A. Yes, sir. 

The Witness. I should like to make one remark in reference to the tes- 
timony as it is printed. In my testimony, as it is printed on the last ex- 
amination, page 1999, it reads : " Q. May it not have been that it was 
because they counted the street as being really from building-line to 
building-line, instead of from curb to curb "? — A. I do not see why that 
would influence it at all. My own impression is, that if the Govern- 
ment is properly chargeable at all with any work here, it is perfectly 
correct — the principle that they adopt, except with regard to the inter- 
sections, as I explained yesterday by the diagram, as you will recollect." 
This, as I read it, makes me indorse the principle upon which those 
measurements were made. I do not recall the language exactly I used, 
but I do not think I used any languafge to convey that idea, or, if 1 did, 
it is cert^ainly foreign from anything I ever intended to convey. 

Mr. Stewart. I did not so undeistaud it. 

The Witness. I never did mean to indorse any of these principles. 1 
did not mean to express any opinion upon it at all. And the only ex- 
planation I could make is this, that the plan or the mode of measuring 
would be correct, except in regard to intersections, provided everything 
that was within the limits of the avenues was left out. It seems to me 
that I have a faint recollection of making some explanations in a diagram 
of that kind, drawing the avenue lines, and stating that then outside the 
avenues^ outside of the intersections, there would be in that case but 
very little left. 

The Chairman. I know how difficult it is for the reporter to get 
statements of witnesses when explanations are made by means of 
diagrams, maps, and so on. 

The Witness. I did not mean to express an opinion in regard to that 
at all. 

W. O. Dayton sworn. 

By Mr. Wilson : 

Question. Where do you reside? — Answer. On Twelfth street, Wash- 
ington, 

Q. How long have you resided here ? — A. Since 1856, with the excep- 
tion of a few years I have lived in South Carolina. 

Q. What is your occupation ? — A. Contractor. 

Q. How long have you been a contractor ? — A. I think I first engaged 
in it in 184G. 

Q. Have you had contracts under the board of public works! — A. I 
have done some little contracting under the board. 

Q. What is the character of the contracting you have done under the 
board of public works ? — A. Pipe-sewerage. 

Q. Any other contracting? — A. No, sir. 

Q. From whom did you procure your contracts 1 — A. From the board 
of public works. 

Q. To whom did you make your applications ? — A. To the board of 
public works. 



TESTIMONY OF W. O. DAYTON. 2265 

Q. ^Vbat extent of contracts did you have ? — A. Do you mean those 
I liave worked ? 

Q. Yes, sir. — A. About 1,500 feet of pipe-sewer. 

Q. Did you Lave any that you didn't execute yourself '? — A. Yes, sir. 

Q. What was that ? — A. Rhode Ishmd avenue. 

Q. For what? — A. For wood pavement. 

Q. Who did execute that contract ? — A. I coukl not tell you. I went 
away shortly afterward. 

Q. What did you do with it ? — A. I disposed of it. 

Q. To whom f — A. To Finnegan & Nesdale. 

Q. AYhat was the extent of that contract? — A. Do you mean in 
yards ? 

Q. Yes, sir. — A. I could not tell you hardly ; about 30,000 yards. 

Q. How long did you have that contract before you disposed of it ? — 
A. Probably 35 days. 

Q. At what rate did you dispose of it ! — A. I think about 5 cents a 
yard. 

Q. In what way were you paid ? — A. In money. 

Q. Did you have any arrangement with Finnegan & Nesdale that 
they were to do the work before you got the contract ? — A. No, sir. 

Q. You first got the contract oli your own responsibility ? — A. I in- 
tended to work the contract myself, but I received an appointment from 
the Government and the contract was not as profitable as 1 thought it 
would be, and I disposed of it. 

Q. Do you knowanythingof any other sales ortransfers of contracts? — 
A. No, sir. 1 would state to tlie honorable gentlemen that a party 
came to me one night to sell a contract — to my house. 

Q. Who was that f— A. I think his name is Seitz. 

Q. Did you purchase it from him ? — A. No, sir. 

Q. What was done about it ? — A. I never knew until I saw Mr. Seitz. 

Q. You were not present at the time the trade was made between 
Seitz and Taylor ? — A. No, sir. 

The Chairman. Counsel for the memorialists filed with us a week 
ago a brief; have you had copies? 

]\Ir. Mattingly. Yes, sir. 

The Chairman. When will you be ready to file yours ? 

Mr. Mattingly. Probably on Monday or Tuesday ; Tuesday at the 
outside. 

i\Ir. Stanton. We cannot very well do it until the testimony is all in. 

The Chairman. Have you any further testimony tluit you know of 
now that you want to submit? 

Governor Shepherd. Colonel Samo is here, who wishes to make a 
statement in regard to Mr. lilickensderfer's statement. 

Mr. Mattingly. I would like to inquire of the committee whether 
there is any further testimony that tliey intend to give in. 

The CHAiR:\rAN. I know of no other except Mr. Wilson wants to 
examine Mr. Class probably on ^londay. 

jMr. Wilson. My examination will be very brief. I only want to 
inquire of Mr. Cluss in reference to some of these statements touching 
the amount of money that is claimed to be due from the (rovernment 
for work done around Government property ; a point with reference to 
which we have been expressly nHjuired to make a report. 1 want to 
get some a<'<MU'ate statement in regard to that. 



2266 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Adolf Cluss recalled. 
By the Chairman : 

Question. Have you any knowledge of the amount of work done by 
the board of public works for the United States f — Answer. Well, I have 
the vouchers, you know, of the contracts that were paid all around the 
Capitol here. 

Q. Will you make us a statement by Monday ! — A. I will try to, if I 
only see clearly what it is. It is hardly possible for me 

Mr. Mattingly. Those were the very vouchers signed by Mr. Cluss ; 
that pile I had here. 

Mr. Wilson. Then I want to interrogate him about those, if those 
are the ones. 

The Witness. Those vouchers have been out of my control ever 
since I signed them, to the best of my knowledge. 

Governor Shepherd. They have been in the engineers ofi&ce from 
that day until night before last. 

The Witness. They might have been in the private drawer of Mr. 
Oertly ; they are not in our record. 

Governor Shepherd. They were sent to the District Committee of 
the House. 

The Chairman. Has the District Committee made an investigation 
of the amount due to the Government ? 

The Witness. That I don't know, Mr. Chairman. 

Mr. HuBBELL. I think they have that very question under con- 
sideration. 

Governor Shepherd. I have this statement here, showing the ex- 
penditures on each and every avenue in the city of Washington, made 
by the corporation of Washington since 1815, and by the board of public 
works, with the payments made on account of the same by the United 
States Government. This has been compiled from the vouchers of the 
old corporation, which are in the adjoining room, open for the inspection 
of the committee, and is a statement from the records showing that 
there is yet due by the United States Government $1,010,861.60. 

Mr. Wilson. Who made it out! 

Governor Shepherd. It was made out by the clerks in the oflSce. 
Mr. Thomas D. Winter has had charge of it. It was made by him and 
the other clerks in the office of the auditor of the board of public works. 

The Chairman. Perhaps Mr. Winter had better be called and sworn 
in regard to it. 

Governor Shepherd. Perhaps it would be well. 

Thomas D. Winter sworn. 

Question. State your relation to the board of public works. — Answer. 
I am employed in making special assessments of property, which has 
been my duty ever since I have been there. 

Q. Did you make any portion of this statement that is now in the 
hands of the governor f — A. I went through all those vouchers myself, 
with Mr. Forsyth and another gentleman in the office there. We took 
those vouchers, and he apportioned what was properly belonging to the 
United States. I then afterward re-examined those vouchers — all of 
them — and have them here in boxes ; and from them I made this state- 
ment of each avenue, and also a recapitulation of the same. 

Q. Made the statement from the vouchers ? — A. Yes, sir. 

By Mr. Mattingly : 
Q. There is a detailed statement there, and a number of vouchers are 
referred to, showing the amount ! — A. Yes, sir. 



TESTIMONY OF THOMAS D. WINTER. 2267 

Q. And then a general abstract of the whole ? — A. Yes, sir. 

The Chairman. It is not wortli while to go into much detail about it. 

The Witness. It will not take long. There are two series here of state- 
ments. They have been made up at seperate times. I kept them ai)art, 
and they are in separate boxes, commencing with the main avenue, 
and going through all the avenues for which the vouchers called, where 
expenses were made on account of these avenues. I then made a re- 
cajjitulation of each of the avenues ; the amount of work done on that 
avenue, and the money — the total I believe to be correct — of $1,010,- 
8G1.(K>, for which we propose to show vouchers and other things to cor- 
roborate the statements which have been set forth in detail. 

Q. These are the detailed statements ? — A. Yes, sir. 

Q. This is the recapitulation of the wliole amount of each avenue and 
the grand total '^ — A. Each avenue shows the voucher referred to, to- 
gether with the square, and it states the kind of work embraced on 
each voucher and when the work was done, and the amount. So that 
it can be referred to without any difficulty. You can have any vouch- 
ers for any one of these statements. 

By Mr. Wilson : 

Q. That commenced at what time ? — A. I think it commenced as far 
back as 1815. 

Q. And comes down to what period ? — A. To 1871. 

Q. The time the board of public works took charge ? — A. Yes, sir. 

Q. Have you made up in that a complete statement of all the amounts 
that were chargeable to the Government of the United States on ac- 
count of work done on avenues ? — A. Along the avenues and crossings. 

Q. From 181.5 up to the time the board of public works took posses- 
vsion ' — A. I understand it is up to the time the board of public works 
took possession. That is the way this work is done by the old corpora- 
tion, and up to the time the board went into operation. 

Q. How did you get at that ? — A. From the vouchers and accounts 
that are in these boxes, which the committee can see at any time. 

Q. You think you have omitted nothing? — A. No, sir: I went over 
them very carefully. 

Q. And you have put in all that you could find ? — A. Yes, sir ; all that 
was given to me by Mr. Forsyth. He went over the vouchers himself. . 

Q. Did you have to rely on Mr. Forsyth for what had been done on 
the avenues to see how much was chargeable to the Government .' — A. 
some of the vouchers were for different avenues ; some of them embraced 
8ome streets with avenues, and he apportioned off' what was chargeable 
to the avenues and marked it on the outside of the paper. 

Q. The accuracy of your results, therefore, would depend on the 
accuracy of the information given you by Mr. Forsyth. — A. So far as 
those vouchers are concerned that have streets and avenues in them 
Ijoth ; but then there are some vouchers which are avenues alone ; that 
will show for itself. 

Q. 1 say that so far as he had to apportion this between the streets 
and the avenues, you had to take his statement, and you are not 
resi)onsible for any errors there might be there ? — A. No, sir, not at all ; 
that is a work of his. 

By the Chairman: 
i}. But you have the vouchers ? — A. Yes, sir. 

Q. The vouchers referred to hen; you have ? — A. Yes, sir ; and they 
can be referred to in a moment. 
Q. And those will verify his apportionment ?— A. I can verify his, 



2268 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

because it is in figures. He has it written clown in pencil on the back, 
how much for ^ew Hampshire and how much for Maine. One voucher 
may include four or five avenues. 

By Mr. Wilson : 

Q. In making up this statement, what you mean to say is this : you 
found some vouchers that embrace both streets and avenues ? — A. Yes, 
sir. 

Q. And Mr. Forsyth would tell you how much of that belonged to 
the avenue? — A. No, sir; he did not tell me that; he put it down 
himself. 

Q. He would put it down 1 — A. He would mark it on the back of the 
voucher. Understand me, Mr. Forsyth and a clerk in the oliQce, who 
was here, put down the amount as Mr. Forsyth called them off to him, 
picking out such vouchers as appertained to the avenues. He would 
call them out and put them down. After they" were down, I took all the 
l^apers and the vouchers, and with three or four clerks I called otf the 
vouchers and they checked off the amounts against them, and 1 went 
over them after that. But the original statements put down are not 
made by me ; however, I will guarantee that they are correct. 

Q. I am not talking about the accuracy of your putting down your 
figures. I am talking about whether you are in any way responsible, 
or have any knowledge as to the accuracy of the amounts that were put 
down by Mr. Forsyth, as to what appertain as to avenues. — A. No, sir. 

Q. You do not know any thing about it ? — A. No, sir. I will say this 
much, that the vouchers themselves, many of them, call for avenues 
alone. Some of them call for avenues and streets. He being familiar, 
of course, with that, went over the vouchers and apportioned out what 
was properly charged to the avenues. 

By Mr. Stewart : 

Q. Did he have any record ? — A. That I cannot tell you. 
By Mr. Wilson : 

Q. Bid he make that separation there in your presence I — A. No, sir ; 
not at the time; I was in the next room engaged in other work; but 
after he was done I went over the vouchers. There are his pencil marks 
on the vouchers. 

Q. Then you made up your statements from his pencil marks ? — A. 
Yes, sir. 

Q. Do you know in what way he made this separation — what data he 
had to go upon? — A. No, sir; I cannot tell you; that I do not know 
anything about. 

Q. In making up this statement, so far as the avenues are concerned, 
did you charge the whole amount of the voucher or t\vo-thirds ? — A. I 
think that I understood him to say that it was two-thirds or one-third ; 
I forget now. 

Q. Here, for example, there were some vouchers which you say were 
for avenues alone. Now, in those cases, you did not rely upon Forsyth's 
figures, but you took your own ? — A. Well, I relied upon them because 
his figures were there, and I checked off the vouchers to compare with 
those figures. 

Q. Did you take the full amount of the voucher, or two-thirds of the 
amount of the voucher? — A. I took the full amount of the voucher, i 
believe in every voucher where it says " avenue " that the whole amount 
of the voucher was taken. 

Governor Shepherd. The corporation paid the whole of the vouchers 



TESTIMONY OF THOMAS D. WINTER. 2269 

under the old law. Whenever an assessment was made it did not go on 
to the books of the corporation at all, bnt on to the private-assessment 
books. 

The Witness. Then there are some items here not taken from vonchers, 
but from the ward books, which are here and which can be referred to. 
By Mr. Wilson : 

Q. What is there to verify the ward books, simply a chaise on the 
books ? — A. That is signed by the commissioners of the ward. 

Q. That is the way you made tiiat up t — A. I believe that is the way ; 
at least there are the books. It is made up from that, under the head 
of " paving, curbing, and grading," the usual form signed by the com- 
missioners for the work done. 

Q. Have you any items of payments on that statement of yours ? — A. 
No, nothing at all, sir. 

Q. It is simply a statement of the amount of work done by the old 
corporation! — A. Yes, sir, including grading and paving — all items; 
and there are one or two very large items there. 

Q. That is intended to be a full and complete statement of all the 
work that had been done by the old corporation on the avenues, from 
1815 ? — A. Yes, sir, up to 1870, the time that the board went into ope- 
ration. 

By Mr. Mattingly : 

Q. Were not instructions given to reject everything that was doubtful 
or which could be caviled at ? — A. Yes, sir ; so I understood. I know 
Mr. Forsyth was very particular in regard to that matter. 1 had some 
conversation with him about it. if everything here was complete. Be- 
fore 1 made up the final statement in order to verify his work, I went 
over it myself personally and examined it to see that all tlie vouchers 
were there, and that the items were correct ; and he told me that he 
had gone over them carefully and taken out everything that apper- 
tained to the avenues, and nothing beyond that. 

The Witness. I wish to make an exi)lauation in regard to this as- 
sessment of Nineteenth street, which Mr. Class has si)okeu of, which 
he was unable to obtain. Some week or so ago Mr. Forsyth received a 
letter from the board requesting a copy of the assessment of Nineteenth 
street from E street to Boundary. The letter was referred to me. I did 
not exactly understand why the assessments were needed, and I went 
down to the board and made inciuiry. I found out that there was an 
item in connection with tbe expenditure for some sodding, which was 
not in<;luded in the auditors ex[)enditures, and was afterward called 
for from Mr. Barney, lie sent it up by me. I went down personally 
at the time the assessment was made, which was the last of Novem- 
ber. He gave the item in writing and signed his name to it. It was 
included as part of the expenditures. I took down this item, as 
I understood from the board that Mr. Class had not seen this thing. 
I produced a copy of it signed and certified to by Mr. Forsyth. He 
said he was not satisfied witii that but he wanted a statement made 
up. If you will give me an annual report,! will show you exactly 
wiiat I niean. It has been the habit always when an assessment 
has ix'cn made — the time that the first si)ecial assessments were com- 
menced — for the auditor of tlic board of public works to make out 
such a tal)ular statement as that. He said, " 1 want a taluilar state- 
ment." I told him I could not get that, because our olficc did not make 
anything of the kind all tliat we dcial in is dollars and cents, not meas- 
urements. He produced this l)t)ok in the oflice of the vice-president, 



2270 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

aod said that was what lie wanted. I told him we never got that up, 
that it belonged to the auditor's office ; but so far as the squares or front 
feet were concerned, that we gave. I then forwarded the expenditures. 
He not being satisfied with that, I gave him duplicates of all bills that had 
been forwarded by the auditor of the board of public works for assess- 
ments, and sent them down. I say I forwarded them to the board ', all the 
bills of expenditures that were assessed against Nineteenth street from 
E to the Boundary. Now, Mr. Cluss speaks about being refused assess- 
ments. The asesessments are of no value to him whatever; they are mat- 
ters of dollars and cents. In making up an assessment I don't look to 
measurements at all ; I don't care anything about them ; all I want is the 
money part. In speaking of assessments, he has misled you in one re- 
spect. He should have said that he wanted a tabular statement made 
out in that form by the auditor after an assessment was forwarded by 
the board. Now, Mr. Cluss himself understands this that when that 
assessment was made 

The Chairman. He understands that as well as you do, he says. 

The Witness. The reason he could not get that was that the assess- 
ment went in on the 19th of November last, and the annual report was 
made on the 31st of October, which included this tabular statement. I 
do not know whether the auditor has made out another form correspond- 
ing with that assessment or not, and giving the details which I gener- 
ally furnish him in regard to the general fund, the amount charged to 
the property-holders, and the United States, and all that, and the 
squares and front feet. But if he had gone to the auditor, I presume he 
would have obtained a coi^y, if it is printed. But so far as measure- 
ments are concerned, we do not care anything about it. We make it up 
from dollars and cents. 

The Chairman. This statement furnished by the auditor, I see in the 
margin " No. of voucher ; " does that refer to the voucher on file for the 
expenditures ? 

Governor Shepherd. Yes; all the vouchers are here — everything. 

RECAPITULATION. 



Maine avenue $786' 07 

1,634 70 

New Hampshire avenue 14, 451 49 

9,317 16 

Vermont avenue 12, 90'2 40 

13,918 49 

Massachusetts avenue 20, 291 43 

38,278 41 

Conuectieut avenue 28,611 46 

11,742 92 

Rhode Island avenue 21, 146 89 

19, 366 93 

New York avenue 8,954 13 

29,585 00 

New Jersey avenue „ 50, 404 81 

36,475 34 

Pennsylvania avenue 38,808 38 

336,651 67 



$2, 420 77 
23,768 65 
26, 820 89 
58,569 84 
40,354 38 
40, 533 82 
38,539 13 
86,880 15 
375,460 05 



EXPENDITURES ON AVENUES. 2271 

Delaware avenue 11,;V25 51 

1 , 0:53 '30 

12, 358 81 

Maryland avenue 14,'il5 39 

11,878 71 

'^9,094 10 

Virginia avenue 30, 945 68 

17, 134 71 

48,080 39 

North Carolina avenue 20, 884 39 

10, 137 (i4 

31,022 03 

South Carolina avenue 9, 135 10 

6,029 58 

15, 164 68 

Georgia avenue 217 27 

5,160 17 

5,377 44 

Louisiana avenue 64,279 97 

4,640 84 

68, 920 81 

Tennessee avenue 48 00 

Kentucky avenue 706 23 

Missouri avenue 4, 997 27 

2.878 90 

7,876 17 

Indiana avenue 76,428 20 

2, 866 91 

79,295 11 

Ohio avenue 743 44 

8,547 13 

9.290 57 

Sewer, Pennsylvania avenue, Twentieth to Twenty-sixth street 7, 467 64 

Franklin Square 5,811 94 

Grand total 1,010,861 60 

The following documents, offered in evidence by Governor Shepherd, 
and ordered printed : 

iStatement of total expenditures on each and every avenue of the city of 
Wa,shi)Uffon made by the corporation of Wanhinyton since 1815, and 
by the board of public icorks, icith payments made on account of same 
by the United States Government. 

1«:CAI>ITL'LATI0X. 

Balance due. 

Delaware avenue 828, :?54 58 

New Jersey avenue 191 , 3;36 28 

North Canilina avenue 17,981 11 

South Carolina avenue 13, 129 52 

Georgia avenue 1, 665 44 

Virginia avenue - 9,240 57 

Pennsylvania avenue 226, 0^6 00 

Kentucky avenue 706 23 

Tennessee avenue 48 00 

New York avenue 36, OtHJ 84 

Vermont avemu; 5s, 828 96 

Connecticut avenue 3H, 156 02 

Rhode l.sland avenue 97.297 19 

New Hainiiwliire avenue 47,948 45 

Ma.ssachusetts avenue lll.»86 31 

Ohio avenue 13, 089 03 

Louisiiina avenue 77,1)20 96 

Indiana avenue 42,035 91 

Mis.'iouri avenue 9. 9()2 55 

Maine avenue 6, 075 38 

Maryland avenue 791 73 

1,029,039 86 



2272 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Delaware avenue. 

Expended by corporation, (see detailed statement appended) $12, 358 81 

Expended by board of public works, (see statement of auditor appended,) 24,743 36 

Total expended 37,102 17 

Less amount justly chargeable to private property 8, 247 79 

28, 854 38 
Payments made by United States to date 

Balance due 28, 854 38 

Neio Jersey avenue. 

Expended by corporation, (see detailed statement appended) $«86, 880 15 

Expended by board of iiublic works, (statement of auditor appended) 214,773 20 

Totalexpeuded 301,653 35 

Less amount j ustly chargeable to private property 71, 591 07 

230, 062 28 

Payments made by United States to date 38,226 00 

Balance due 191,836 28 

Maryland avenue. 

Expended by corporation, (see detailed statement appended) $26, 094 10 

Expended by board of public works, (statement of auditor appended) 197,322 95 

Total expended 223,417 05 

Less amount j ustly chargeable to private property 65, 774 32 

157, 642 73 

Payments made by United States to date 176, 851 00 

Balance due 791 73 

North Carolina avenue. 

Expended by corporation, (see detailed statements appended) $31,022 03 

Expended by board of public works, (statement of auditor appended)... 31,790 63 

Total expended 62,812 66 

Less amount justly chargeable to private property 10, 596 88 

52, 215, 73 

Payments made by United States to date 34, 234 67 

Balance due 17,981 11 

South Carolina avenue. 

Expended by corporation, (see detailed statement appended) $15,164 68 

Expended by board of public works, (statement of auditor ajipended) 11,169 25 

Total expended 26,333 93 

Less amount justly chargeable to private property 3,723 08 

22,610 85 

Payments made by United States to date 9,481 33 

Balance due , 13,129 53 



EXPENDITURES ON AVENUES. 2273 

Georgia avenue. 

Expended by corporation, (see detailed statement appended) .s5, :j77 11 

Expended by board of pnblic works, (statement of auditor appended) 

Total expended ."», :!77 14 

Less amount justly chargeable to private property 

5,377 44 

Payments made by United States to date 3, 712 00 

Balance due 1, (Kju 44 

Virginia avenue. 

Expended by corporation, (see detailed statement appended) S48, 080 39 

Expended by board of public works, (statement of auditor apjieuded) 70, 509 17 

Total expended 118, 589 56 

Less amount justly chargeable to private property 36, 449 C6 

8-2, 139 90 

Payments made by United States to date 72, 899 33 

Balance due 9, 240 57 

Pennsylvania avenue. 

Expended by corporation, (see detailed statement appended) S^82, 927 09 

Expended by board of public works, (statement of anditor appended) 557, 953 47 

Total expended 940,881 16 

Less amonut j nstly chargeable to private property 122, 168 37 

818,712 79 

Payments made by United States to date 592, 020 79 

Balance due 22(i, 080 00 

Kentucky avenue. 

Expended by corporation, (see detailed statement appended) §706 23 

Expended by board of public works, (statement of auditor appended) [ 

Payments made by United States ' 

Balance due 700 23 

Tennessee avenue. 

Balance due jS;4S oq 

Xeiv York avenue. 

Expended by corporation, (see detailed statement appended) / X^' ^"i^ P 

^ ^ (29, 58;} 00 

Expended by board of public works, (statement of auditor appended) 209, 094 51 

Total expended 1108, 233 64 

Less amount justly chargeable to private property 7^ 850 36 

229, 383 2^ 

Payments made by United States to date 19:5, 283 44 

Balance due 30,099 84 

T'ermont avenue. 

Expended by corporation, (sec detailed statement appended) ^ '^i.']'!|\o n 

Expended by board of public works, (statement of auditor appended) r<2', S52 32 

Total expended lo;(^ (;7;{ oj 

Less amount justly chargeable to private property 27, 017 44 

82,055 77 

Payments made by United States to date 2'.\, 22() 81 

Balance due 5H .'^oji y^ 

143 DOT 



2274 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Connecticut avenue. 

I '111 742 02 

Expended Ly coriioration, (see detailed statement appended) < "^^^ ^.^^^ \q 

Expended by board of public works, (statement of auditor appended) 171, 175 35 

Total expended 211,529 73 

Less amount justly chargeable to private property 53, 107 44 

158, 422 29 

Payments made by United States to date 120, 2G6 27 

Balance due 38,156 02 

Bhode Island avenue. 

Expended by corporation, (see detailed statement appended) < ''oj' j^g gg 

Expended \fy board of public works, (statement of auditor appended) 123, 782 55 

Total expended 164,316 37 

Less amount justly chargeable to private property 41, 260 85 

123, 055 52 

Payments made by United States to date 25,758 33 

Balancedue 97,297 19 

Neic Hampsliire avemie. 

Expended by corporation, (see detailed statement appended) \ |^' ]j.^ ^^ 

Expended by board of public works, (statement of auditor appended) ... 120, 160 43 

Total expended 143, 929 08 

Less amount justly chargeable to private property 40, 053 48 

103, 875 60 

Payments made by United States to date 55, 927 15 

Balance due 47,948 45 

Massachusetts avenue. 

Expended by corporation, (see detailed statement appended) < ^20*291 43 

Expended by board of public works, (statement of auditor appended) 530, 548, 76 

Total expended 589,118 60 

Less amount justly chargeable to i^rivate property and intersections 162, 157 14 

1426,961 46 

Payments made by United States to date - - 315, 375 15 

Balance due 111,586 31 

Ohio avenue. 

Expended by corporation, (see detailed statement appended. ) < *' ' -.^g ^^ 

Expended by board of public works, (statement of auditor appended.)-- - 13, 969 07 

Total expended 23,2.59 64 

Less amount justly chargeable to private property - 4, 656 36 

18, 603 28 

Payments made by United States to date 5, 514 25 

Balancedue 13,089 03 

Louisiana avenue. 

Expended by corporation, (see detailed statement appended) < 64^279 97 

Expended by board of public works, (statement of auditor appeuded) .. 35, 068 74 

Total expended 103,989 .55 



EXPENDITURES ON AVENUES. 2275 

Less amouut justly cbargable to i)rivato property 87, 145 86 

9G, 843 69 
Payments made by United States to date 19, 222 73 

Balance due 77,620 96 

Indiana avenue. 

Expended by corporation, (see detailed statement appended) $79,295 11 

Expended bj" board of public works, (statement of auditor appended) 

Total expended 79,295 11 

Less amount justly cbargeable to private property 

79,295 11 
Payments made by United States to date 37, 259 20 

Balance duo 42,035 91 

Missouri avenue. 

Expended by corporation, (see detailed statement appended) < '*■ .' yy-. ,,7 

Expended by board of public works, (statement of auditor appended) 24,502 11 

Total expended 32,378 28 

Less amount j ustly chargeable to private property 4, 083 68 

28,294 60 
Payments made by United States to date 18, 332 05 

Balance due 9, 962 55 

Maine avenue. 

Expended by corporation, (see detailed statement appended) < '^ ' ^^r. q« 

Expended by board of public works, (statement of auditor appended) 24, 066 13 

Total expended 26, 486 90 

Less amouut justly chargeable to private property 4, Oil 02 

22, 475 88 
Payments made by United States to date 16, 400 50 

Balance due 6, 075 38 



Statement of expenditures hy the hoard of public ivorks on account of the avenues in the city 

of Washington, D. C. 



Mtllvf To whom paid. 


Kind of work. 


Amoamt. 


1 CONNECTICUT AVENUE. 
1872. 1 


Street 


$12,000 00 


25.'J9 do 


do 


20,000 00 


2658 do 


do 


10.000 00 


2T;:{ do 


do 


10, 000 00 


2<J00 do 


do 


7, 000 00 


'.iWi (). Uare &. Co 


....do 


7, 400 00 




....do 


40,000 00 


374.; . ...do 


... do 


2,000 00 
2, 000 00 


3743 do 


....do 


3741 . ...do 


....do 


3, 000 00 
3,000 00 


374.'> do 


....do 


3746 ...do 


....do 


5, 000 00 
3,000 UU 


3821 do 


....do 



2276 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Statement of expenditures hij the hoard of puhVic ivories on account of avenues, <y-c. — Continued. 



Number of 
voucher. 



18T3. 

392 

505 

722 

737 

739 

744 

831 

1682 

1902 

1905 

2218 

2269 

2989 

3078 to 3084 

3477 to 3486 

4309 

1874. 

69 

180 & 181 

220 

837 



1873. 

10.57 
1247 
2723 
3229 to 3231 
4119 &4120 
4121 
4555 
4654 
4655 



1872. 

2127 

2166 

2285 

3771 

3780 

874 

931 

1410 

1424 

1.575 

2148 

21.50 

3253 and 3254 



1871. 

451 
1872. 

474 
3396 
3.528 
3579 
3844 
1873. 

26 

41 

473 

757 aiitl 7.58 

1573 

1805 

1841 

2206 to 2208 

2703 

2743 and 2744 

2877 

4793 



To whom paid. 



O. O'Hare 

Evans Concrete Company . 

O. O'Hare & Co 

Gray Sz. Noyes 

do 

do 

Evans Conci'cte Company . 

O. O'Hare & Co '. . . 

Samuel C. Wroe 

do 

Evans Concrete Company . 

do 

P. Bennau - 

O. O'Hare .fc Co 

Evans Concrete Company . 
0. O'Hare & Co '... 



P. Bennau , 

O. O'Hare & Co 

Evans Concrete Company 
do !. 



Total. 



DELAWARE AVENUE. 



Albert Gleason 

Bartlett &. Williams. 

Albert Gleason 

W.C.Whitney 

E. G.Campbell 

do 

W.C. Whitney 

do 

do 



Total. 



LOUISIANA AVENUE. 



George Kutzy & Co .. 

Andrew Gleason 

do 

Georcre Nutzy & Co . . 

do 

Andrew Gleason 

L. S. Filbert 

Emmart, Smith & Co. 

do 

A. S. Richards 

S.C.Wroe 

do 

Emmart, Smith &. Co. 



Total. 



MAINE AVENUE. 



Andrew Gleason 



do 

William Hussey. 

T>. Hannan 

William Hussey. 
, do ■-. 



P. Brenna 

do 

William Hussey. 

D. Hannan 

A. S. Pdchards... 
William Hussey. 

do ;.. 

do 

I). Hannan 

William Hussey. 

do ■.. 

Simon Carmody.. 



Kind of work. 



...do . 
...do . 
...do . 
...do . 
..:do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
Sewer 
Street. 
...do . 
Sewer. 



...do . 
Street. 
...do . 
...do . 



Street,ItoK 

Sewer, B to C 

Street,! toK 

Street, B to C 

Rep'g water-service, B to D 

Lowering mains, B to D 

Street,BtoC , 

Hauling curb 

Removing old material 



Amount. 



S2, 4.50 49 

500 00 

635 20 

50 00 

332 50 

224 70 

5, 600 00 

983 16 

1, 863 64 

1, 808 37 
5,000 00 
8, 600 00 
2, 155 98 
7, 053 80 
5, 000 00 

700 00 

245 36 
358 15 
214 00 

2, 500 00 



171, 175 35 



^1,189 63 

1, 430 26 

3,261 97 

10. 000 00 

331 80 

845 25 

7, 408 62 

130 08 

145 75 



24, 743 36 



Street 

...do 

...do 

...do 

...do 

...do 

...do 

Sewer- work 

...do 

Street 

...do 

...do 

Repairing water-service 



Side-walks . 



Street 

...do 

Repairing water-service 

Street 

....do 



Total. 



Sewer 

...do 

Street 

Repairing water-service 

Street 

...do 

...do 

...do 

Repairing water-service 

Street 

....do 

...do 



15, 000 00 

600 00 

4,787 11 

5, 993 49 

765 97 

120 00 

4, 686 50 

117 96 

1, 542 98 

35 80 

481 15 

907 78 

30 00 



74 



|2, 500 00 

851 16 
500 00 
135 25 
300 00 
500 00 

2, 018 13 

51 00 
1,012 44 
309 52 
246 60 
500 00 
500 00 

3, 989 40 

34 95 

9,137 40 

111 03 

1,369 25 

24,066 13 



EXPENDITURES ON AVENUES. 2277 

Siatemenf of expenditures hy the hoard ofpuhlic works on accountof avenves, .J-c. — Contiuued. 



Number of 
voucher. 



To whom paid. 



Kiml of work. 



Amount. 



1872. 

128 
1322 
1715 
2015 
2542 
25G0 
2742 
2770 
2796 
2987 
3044 
3108 
3343 
3843 
1873. 

234 

287 

315 

686 and 687 

809 to 812 

1185 

1276 

1813 and 1814 

1935 to 19.39 

1975 and 1977 

2144 

2243 

2282 to 2284 

2285 to 2288 

2359 

2360 and 2361 

2500 

2502 

2534 

25S4 

2632 

2703 

2837 

3092 

3275, 3471 I 

and 3472 5 

4575 

4762 to 4765 

1874. 



544 and 545 
556 and 557 



MARYLAND AVENUE. 



543 

918 

'327 

477 
1663 
1664 
1618 
1700 
1858 
1958 
2087 
2264 
2539 
2555 
2900 
2974 
2978 
3029 
3208 
3244 
3282 
3398 
3425 
3558 



C. C. Scriber 

Andrew Gleasou 

M. Murijhy 

Andrew Gleason 

M. Murphy 

R. Rothwell 

Andrew Gleasou 

M. Murphy 

Andrew Gleason 
G. W. Goodall . . . 
Andrew Gleason 

M. Murphy 

Andrew Gleason 
G.W. Goodall... 



S.S.Rnsk 

Audi ew Gleason 

do 

H. McLinden 

M. Murphy 

do...' 

G. W. Goodall 

S. S.Kusk ., 

Albert Glea.son 

Andrew Glea.sou 

Page & Fletcher 

M. 'Murphy 

Andrew Gleason 

do 

do 

do 

M. Murphy 

do 

Jauie.s Ragau 

H. L. Gallaher & Co . 
Brennan & Hutton . . 

D. Haunan 

Page& Fletcher 

H. V. Colton 



L. A. Bartlett & Co. 

W. Fitzhngh 

M. J". Laughlin 



Page Sc Fletcher 
"W. H. Fitzhugh . 
G.W. Goodall.... 
H.V. Colton 



Total. 



MASSACHUSETTS AVENUE. 



John p. Hurley. 
R. G. Campbell . 



Evans Concrete Company 

R.G.Campbell 

do , 

do 

D. A. Connolly 

do '. 



-do. 
.do. 
-do. 
.do. 



Evans Concrete Company . 

D. A. Connolly 

Evans Concrete Company . 

LS. Filbert '... 

John F. Sullivan 

Evans Concrete Company . 

L.S. Filbert 

William Fee 

L.S. Filbert 

ThoiiKus Joyce 

L. S. Filbert 

Thomas Joyce 



Street . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
Sewer . 
Street . 
...do . 
...do . 
Sewer . 



Street , 

...do 

...do 

Repairing water-service 

Street 

...do 

Se^er 

Street 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

...do 

Repairing water-service 

Seweis 

...do 

...do 

Street 

...do 



.do 

.do 
.do 

.do, 
do 



"Water-service and sewer. 
Street 



Water-connections . 
Sewer 



Street 

Sewer , 
....do . 
....do . 

Street . 

...do . 
....do . 
....do . 
....do . 
....do . 
....do . 
....do . 
....do . 
....do . 
...do . 
....do . 



Street . 
...do . 
....do . 



$1,000 00 
8,000 00 
2,500 00 

6, 480 88 

2, 000 00 
345 30 

3, 000 00 

2, 369 (JO 
5, 000 00 

600 00 
1,000 00 

3, 500 00 
500 00 
250 00 

200 00 
5, 000 CO 

4, 362 61 
159 28 

5, 133 89 
649 10 

1, 388 28 
764 05 

1, 000 00 
12, 200 31 
21, 421 30 
12, 577 20 
45, 020 91 

2, 763 67 
3,069 62 
2,223 90 

806 20 

24 60 

104 70 

1, 592 98 

298 98 

49 30 

1,331 00 

636 00 

30, 000 00 

256 00 

7, 000 00 

76 79 
239 10 
185 00 
242 80 



23 40 

2, 000 00 

3, 000 00 
2, 000 00 

255 78 

4, 140 45 
1, 000 00 

1, 500 00 

2, UOO 00 
3,218 27 

1, 929 57 

3, 37() 20 
13,800 00 

5, 000 00 
7, 500 00 

10,000 00 

40 00 

10,000 00 

2, 000 00 

88 80 

1, 500 00 

800 00 

2 9 8 22 

' 500 00 



2278 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Statement of expetiditures of the hoard of puMio works on account of avenues, ij-c. — Continued. 



Knmbor of 
vouchor. 



3572 
371-2 
3713 
3747 
374S 
3749 
3814 
1873. 

37 
85 
119 
265 
395 
r)05 
815 
930 
975 
976 to 978 
1270 
1409 
1417 

1419 & 1420 
1515 

1567 & 1568 
1801 

1868 &. 1869 
1882 
1906 

1933 to 1926 
1998 
2013 

2045 to 2047 
2049 
2055 
2093 
2094 
2335 
1873. 

2352 
2380 
2390 
2391 
2392 
2393 
2418 
2439 
2582 
2589 

2646 & 2649 
2663 
2«6G 
2702 
2703 
2770 
2873 
2918 
3048 

3085 &. 3086 
3092 

3253 & 3254 



3267 

3319 to 3333 

3337 

3338 

3339 

3457 & 3458 

3477 to 3486 

3569 

3634 

3657 

3947 to 3851 

4000 to 4005 

4152 

3691 

4217 

4296 

4329 

4368 

4369 



To whom iiaiil. 



Kind of work. 



D. A. Connolly j do 

L. S. Filbert . '. do 

do [ do 

Evan.s Con'?reto Company I do 

do do 

do do 

do do 



P. Bronnnn 

MorselK'i.- Dosriiig. 

Thomas Joyce 

John Eaedy 

O. O'Hnre & Co. 



Sewer . 
Street . 
...do . 
...do . 
...do . 



Evans Concrete Company \ do . 

Sewer . 
Street . 
...do . 
...do . 
...do . 



Thomas 1'. Morgan . 
L. S. Filbert . . . 
Thomas Joyce. 

do........ 

W. A. Wroo . . . 

Emniart, Smith Sc Co ' Sewer service 

do I Repairing water service 

do I ao 

D. A. ConnoUv j Street 

L. S. Filbert . ' j ... .do 

P. Crowley I'i: Co do 

D. A. Connolly .do 

K. G. CamplH'il Sewer 

D. A. Connolly ! Street 

L. S. Filbert . ". j .... do 

P. Crowley & Co do 

1). Haunaii Eopairiug water-service 

L. S. Filbert do 

do Street. 

P. Breunan Sower 

Thomas Joyce Street . 

do do 

O.Onare ifc Co ...do 



Dufoiir & Co Street. 

Evans Concrete Company do . 

Thomas Joyce '. Sewer. 

.do do . 

do do . 

do Street 

L.S. Filbert do . 

Evans Concrete Company do . 

G. H. Boston, president do . 

P. Crowley & Co do . 

.do • 



L. S. Filbert. 

James Itagan 

do..:. 

D. Hanuan 

do 

James TIndson 

H. V. Colton 

P. Brennan 

L. S. Filbert 

O. O'Hare&Co 

H. V. Colton 

Emmart, Smith &. Co 

do 

do 

Evans Concrete Conipiiuy , 

P. Crowley & Co 

do 

do 

do 

James Kagivn 

Evans Concrete Company 

N. Acker 

F. McGhan 

N. Acker 

Himber it Groat 

George H. Boston 

Albert (ileasou 

AV. llankes 

D. A. Connolly 

do : -. 

W. Whelan 

Thomas Joyce 

do....' 



Repairing water-service. 

...do ..." 

...do 

...do 

Street 

...do 

Sewer 

Street 

...do 

...do 

Repairing water-service. 

do 

...do 

Street 

...do 

...do 

....do 

....do 

Moving water-maiu 

Street 

....do 

Repairing water-service . 

Street...". 

Sower 

Street 

...do 

AYater-service 

Street 

...do 

Reparing water-service. 

Street 

...do 



Amount. 



1500 00 
58,079 78 
18,000 00 
5,000 i;o 
,5,000 00 
5,000 00 
17,000 on 



192 84 
20 00 
521 00 
191 20 
400 00 
500 00 
217 62 

000 00 

000 00 
000 00 
60 90 
13 02 
254 52 
400 55 
17-< 38 
1)00 00 
COO 00 
000 00 
368 45 
980 00 
000 00 
320 00 
100 05 
795 81 
731 77 
150 20 
000 00 
000 00 
000 00 

171 35 

000 00 

527 42 

534 25 

085 94 

9,-8 65 

000 00 

000 00 

000 00 

000 00 

424 71 

75 45 

47 75 

31 75 

16 50 

85 CO 

069 60 

867 76 

000 00 

5(;2 80 

122 37 

483 10 

7 00 

28 95 

676 15 

448 36 

426 35 

46 50 

31 50 

(i3 25 

000 00 

100 00 

53 70 

594 87 

180 98 

417 82 

474 07 

43 25 

000 00 

492 94 

31 62 

495 18 

190 40 



EXPENDITURES ON AVENUES. 2279 

Slatement of exijenditures ly the hoard of pnhUc tvorks on account of avenues, ^c — Contirnu-d. 



Xntnber of 
voucher. 



To whom i»ai(l. 



Kind of work. 



Amount. 



4377 
4502 & 4503 
4C27 
4053 
4728 
4735 
1874. 

51 

80 

115 

lie 

•)Z>(i Sl, D'tl 



J. Brooks Sewftr 

George r. .Schafler | Kepairing water-8er\'ice 

Albert Gleason I Street... 

J. 15. ■'■Vickei sbani 6c Sons I do 

Evans Concrete Company ! do 

do , do , 



13 40 

60 74 

1. 687 'M 

4, 600 00 

81 00 

1,032 50 
28fJ 00 
341 00 

1, rm .50 
194 m 

1, .>45 40 

2, f:(X) 00 

Total *4:ir,,rAi) 31 



Thomas H. Williamfl ' do 

B. F. Lloyd , |....do 

Evans Concrete Company do 

do I do 

L. S. Filbert do 

H.V. Colton ...do 

Evans Concrete Company . . . — , 



as I 



j MI.'iSOL'lil AVaSLE. | 

2642 Albert Gleason I Street 

187.3. i I 

3684 and iifMl j do , do.. 

472 : William Hnssey do . 

17.54 George Follansbee I Sewer 

2143 Page <So Fletcher I Street. 

22(« ■ William HuB.s<;y do. 

2741 and 2742 I do |....do. 

2877 ! do I do . 

.3668 do ! do. 



1874. 



1871. 



1872. 



74 
445 
470 
475 
565 
779 
787 
884 
!>24 
970 
971 
1019 

185 
220 
380 
438 
5f;2 
.511 

r,-/.) 
mi', 
<.m 

986 
1219 
1-265 
1372 
1422 
1453 
1.530 
16.56 
1674 
1701 
1712 
lH.55 
1899 
19(J0 
1998 
2rjlO 
2fjl3 
1937 
2023 
2051 



Samuel C. "Wroe i — do . 



Total. 



XEW i'OKK AVE.SL'E. | 

G. "W. Martinet Street 

G.W.Gwjdall 1 Sewer 

T. Thora pson ! Street 

J. V. W. \''andenbnrgh Sewer 

James A. Xelson 

Thomas Joyce 

T. Thompson , 

M.F.Kees 

J. A. Xel.son 

L.S. Filbert , 

B. Hutching 

T. Thompson 



L. Clepliane 

A. S. Kesmith 

do 

J. A. Xel.TOii 

B. Uutcbirjs 

Thomas Kirby 

J. A. Nelson 

Pay-roll 

A. .S. Xesmith 

Albert Glea.son 

A. S. Xe.siiiitb 

Tboma.s Kirby 

L. S. Filbert.'. 

A.S Xesmith 

J. V. W. Vandenburgh 
L.S. Filbert 

-do. 



Street , 

...do 

...do 

"Wat^rr-service 

Street 

...do 

Se-H-er 

Street 



...do 

...do 

...do 

....do 

...do 

.Sewer 

Street 

...do 

... «lo 

...do 

...do 

Sewer 

.Street 

...do 

Streets and sewers. 

Street 

do. 



George W. Goo<lall Water and sewer . 

L.S. Filbert j Street 

A. .S. Xesmith \ do 

L. .S. Filbert j do 

AV. C. Murdock do 

do I do 

Thomas Kirby do 

L.S. Filbert do- 



Albert Gleason 

Emmart, Dunbar &. Co , 

U. Ilannan 

John Sinclair 



.do . 
.do. 



Eepair •water-ser^-ice 
Street 



i5, 000 00 

2, 262 42 

789 25 

1, 400 00 

8, 704 80 

1, 170 03 

3, 642 1 4 

72 00 

632 T/i 

8-28 97 

24,.V»-2 11 



%6 00 

947 02 

75 00 

2, my 09 
200 m 

1, 581 32 

73 00 

200 00 

-2*^0 'X» 

3,000 00 

2, ni)H 05 
, 84 00 

5, 000 00 
38 00 
81 00 

2f)0 00 

2.30 75 

1 . .500 00 

3.56 64 

1-22 Of J 

75 m 

1, 173 -20 

78 00 

1.X54 60 

6,599 10 

78 00 

6f;8 47 

12. 000 00 

6. .3W 40 

rh', 43 

12, (Xid 00 

-I 00 

-20, OOf) 00 

40 (X> 

100 OO 

.5.000 00 

15. 'X'O 00 

111 00 

1, 500 fX» 

3 30 

719 40 



' The alKive amount is in fnll for all settled accounts, 
settled, aggregating $.530,548.76. 



?93,9(h2.45 .shonld be added for accounts not yet 



2280 AFFAIRS IN THE DISTRICT OF COLOMBIA. 

Statement of expenditures by the hoard of imhlic iiiorlcs on account of avenues, if-c. — Continued. 



Number of 
■voucher. 


To ■whom paid. 


Kind of ■work. 


Amount. 


2055 


H.Natei- 


Street 

....do 


Sioo 00 


2143 


L.S.Filbert 


arijo 




do 




2(M0 


L. S. Filbert .'. 


do . 


7 000 00 


2057 


H. Nater 


do 




26:i5 


G. W. Goodall 




961 55 


2872 


Thomas Kirby 


Street 


2 500 00 


2880 




Repairing ■water-service 

Street 


1 000 00 


3103 




4 000 00 


3530 
3559 


D. Haniian 


Itoj)airing ■water-service 

Street 

Eepairing water-service 


15 05 
200 00 


3738 


G. r. Schaffer 


4 00 


3814 


Evans Concrete Company .' 


13 500 00 


1873. 

71 


L.S.Filbert 


Street 


9 901 27 


72 


do 


do 


2 871 51 


362 






1 536 60 


363 & 364 


do 


Street 


40 890 96 


367 


do 


....do 


1 673 12 


368 


do 


....do 


809 40 


369 


do 


....do 


647 35 


668 


J. V. W. Vandenburgli 


...do 


5.58 12 


671 


do 


do 


135 80 


686 & 687 


H. McLinden 


Repairing water-service 

Street . 


6 90 


072 




1 850 51 


1668 


John Sinclair 


do 


602 40 


19.55 


Jones & Collins. 




864 12 


2161 


Thomas Kirby 


Street 


39 622 25 


2162 


do 




9 738 08 


2163 


do 


Street 


3 504 08 


2494 


do 


...do 


1 139 28 


2702 




Repairing water-service 


24 98 


2872 


n. V. Coitou 


2,011 76 
1 690 00 


2875 


do 


do . 


3092 


do 


...'.do. .. . 


731 51 


3182 


J. V. "W. Vandenbargh 


do 


1 757 71 


4284 






267 38 


4623 & 4324 


L. S'. Filbert 


do 


216 05 




Total 








269 694 51 




NEW HAlirSIIIRE AVENUE. 

D. Hudnell 


Street 




1871. 

570 


4 726 85 


719 




....do 


302 17 


721 


. . .' do 


do 


240 28 


852 


do 


....do 


361 99 


1872. 

664 


do 


...do 


1 094 93 


669 


do 


. . . .do 


1 573 13 


709 


do 


do 


475 00 


715 


do 


do 


1 012 05 


754 


do 


do 


2 301 95 


789 


do 


....do 


1,516 02 


1420 


R.S.Hulse 


....do 


1, 996 08 


1960 


do 


....do 


500 00 


2235 


do 


do 


3 176 32 


2.572 


J. "V. "W. Vandenburgh 


do 


2, 000 00 
2,500 00 

923 30 


2808 


do 


do 


187,3. 
1121 & 1122 


S. Strong 




2969 to 2973 


L. S. Filbert 


Street 


30,000 00 


3106 & 3107 


do 


....do 


12, 000 00 


3169 


do 


....do 


7, 000 00 


3268 & 3270 


C. H. Moultou 




2 900 00 


4095 to 4098 


L.S.Filbert 


Street 

do 


5 000 00 


4696 to 4709 


do 


20, 000 00 


4847 & 4848 






4,984 86 


1874. 

259 


C. n. Moultou 




1,282 32 


361 




Street 


9,419 82 


.523 


L. S. FilbLi-t 




1,287 91 


613 






56 00 


614 &615 


do 


. do 


1, 520 72 




Total 








120, 160 43 




NEW JEUSEY AVENUE. 

K. IT.Rvan 

do 


Street 




1872. 

3410 


1.000 00 


3704 & 3705 


....do 


4. 000 00 



EXPENDITURES ON AVENUES. 2281 

Statement of expenditures of the board of public works on account of avenues, ^c.—Contjiuiied. 



Number ot 
Toucher. 



1873. 

85 
■2-x) 

2?-! to -Ssf) 

est) ^t Gi7 

897 i S9S 

157-2 

1()3S) 

1930 & v.y.i-2 

2375 

2395 

2528 

260G 

2937 it 2938 

3057 

3058 & 3059 

3187 & 3206 

3221 

3222 & 3223 

3229 t.) 3231 

3392 >t 3394 

3499 Sc 3500 

3789 

3839 to 3848 

3877 to 3878 

3889 

3944 

3900 to 3964 

4124 

4136 

4279 to 4280 

4332 to 4339 

4367 

4370 to 4373 

4404 to 4405 

45.16 

4654 

4656 

4781 to 4782 

4828 

4833 

1874. 

135 to 137 

544 to 545 

568 Sc 569 



To ■whom paid. 



Kind of work. 



Amount. 



1871 



Morsoll & Dearing Street 

!).&. Kllothwell.. do 

K. H. Kvan do 

H. :^icLiIuleu! <}o 

John Harrv ■*}" 

A. S. Kichaids do 

11. H. Kyan *}o 

do' tlo 

A. S. r>ichard.s do 

Thomas Joyce Sewer 

John Banv Street 

L. A. Bartlett & Co do 

Z. Jones 

James Ragan 

do 

K. H. Kvan 

David Iveppel 

do 

W. C. Whitney 

R. ll.Kyau 

Z. .Jones 

do 

AV. C. Whitney 

Z. Jones - 

K.H.Kyau [ Sewer 

do I. ...do . 

Z. Jones ! Street 

do I.... do . 

John BaiTy I do . 

J. S. Baldwin do 

A.S. Pdchards do 

Thomas Joyce Sewer 

do Street 

Thomas Kirby do 

W. C. Whitney do 

do ■- do 

do Ao\ 

M.Cole <lo 

George F. Gulick do 

Z. Jones "o 



.do . 

.do 

.do . 

.do . 

.do 

.do 

.do 

.do 

.do 

.do 

.do 

.do 



do 

G.W. Goodall. 
Thomai^ Kirby . 



Total. 



NORTH CAUOLI.NA AVICSUE. 



240 
661 

705 
738 

675 



1672. 



D. A. Connolly. 

Pay-roll 

do 

, do 

do 



D. A. Connolly. 

Pay-roll 

do 

do 

do 

do 

do 

E. E. Barnes ... 

do 

do 



375 

642 

689 

734 

764 

766 

834 
283'i 
3116 
3311 

.3335 j do 

187.3. ! 

1.563 do 

1253 and 12.54 do 

1534 I D. A. Connolly 



...do. 
Sewer . 
Street 



Street . 
....do . 
...do . 
...do . 
...do . 



.do . 
.do 

do 
.do. 
.do . 
.do 
.do 
.do 
.do 

do 
.do 



Total. 



OHIO AVE.Mi:. 



1873. 

2468 
35(!0 
37.53 
3755 and 3756 
4821 



D. Hiidnell 

do 

do 

do 

A. C. Chenowith 



Sewer. 
Street. 
...do. 



S5 81 


266 70 


17,624 16 


789 92 


615 74 


142 12 


L, 000 00 


10, .376 40 


100 08 


348 01 


138 00 


3, 535 60 


10, 000 00 


438 10 


474 .-0 


12,000 00 


318 75 


162 00 


5, 000 00 


11, 471 99 


24, 000 00 


10, 000 00 


14,200 00 


8, 000 00 


795 77 


1, 196 75 


12, 204 00 


5, 000 00 


40 00 


2, 063 25 


720 40 


1,625 81 


18, 759 90 


4,606 16 


2, 605 05 


147 58 


475 00 


23 77 


401 00 


3, 000 00 


15, 000 00 


9 74 


6, 090 04 



214, 773 20 




1, 138 96 
1,091 73 
2, 939 10 
2,839 15 
1, 134 62 

602 09 

1,731 55 

1, 928 61 

1, 062 62 

628 75 

809 77 

21 00 

6,007 98 

3, 000 00 

400 00 

500 00 

5.50 00 

5, 387 90 

16 80 



31,790 63 



2282 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

Statement of expenditures hy the hoard of xmhlic works on account of avenues, ^-c. — Contiuuecl. 



Number of 
voiiclier. 


To whom paid. 


Kind of work. 


Amount. 


1871. 

21 


PENNSYLVANIA AVENUE. 


Street 


§108 00 


530 






1, 000 00 


592 




...do 


1,500 00 


757 


John 0. Evans, president 


Street 


10, 000 00 


880 




2 000 00 


883 


G. W. Goodall 


do 


500 00 


1005 


D. Hudnell 


Street 


1 500 00 


1015 




do 


270 00 


1872. 

5 




....do 


10, 000 00 


224 


do 


....do 


10, 000 00 


316 




....do 


81 00 


381 


D. Hudnell 


....do 


541 95 


390 


do 


...do 


169 97 


391 


do 




22 90 


503 


Eothwell & Hoklen 


do 


1 390 00 


959 




do 


76 00 


1052 


do 


do 


78 00 


1142 




Street 


7, 000 00 
119 85 


1146 






1352 






5,000 00 


1413 


D. Iluduell 


....do 


1,914 15 


1472 




....do 


1,200 00 


1628 




....do 


2, 000 00 


1672 


G. W. Goodall 




1,004 48 


1729 


G. B. Dver 


street 


159 00 


1798 


F. Acker 


...do 


178 05 


1827 




....do 


3 000 00 


1877 




....do 


454 40 


1886 




....do 


96 00 


1997 


P. McN amara 


....do 


2, 500 00 


2039 


J. F. Acker 


....do 


155 25 


2057 


T. F. Sullivan 


....do 


145 70 


2091 


J. F. Acker 


....do 


106 65 


2099 




....do 


100 00 


2101 




....do 


75 00 


2112 




....do 


2, 000 00 


2142 




....do 


327 20 


2191 




....do 


2, 500 00 
324 00 


2211 


S. N. Hilton 


....do 


2252 


J.O.Evans 


....do . 


18 000 00 


2256 


D. Hudnell 


Street 


163 60 


2557 


do 


....do 


81 20 


2258 


•J.F.Sullivan 


....do . ... 


229 50 


2271 






5 117 84 


2299 


Eothwell &. Holden 


....do 


1 855 96 


2305 


S.N.Hilton 


Street 


100 00 


2337 


John Eaedy & Co 


....do 


299 60 


2357 




....do 


2, 000 00 


2365 


J. 0. Evans 


... do 


20, 000 00 


2372 


D. Hudnell 


....do 


1, 000 00 


2373 


J. 0. Evans 


....do 


20,000 00 


2381 


P. McNamara 


....do 


500 00 


2523 


J.O.Evans 


....do 


25 000 00 


2556 


P. McNamara 


do 


2,500 00 
1, 200 00 


2584 


do 


....do . .. 


2589 


G. B. Dyer 


....do 


108 00 


2618 




....do 


81 00 


2639 


J. O. Evan."? 


....do 


20, 000 00 


2669 


S. X. Hilton 


....do 


108 00 


2741 


D. Ilnaiiell 


....do 


2, 000 00 


2813 


P. McXaniara ; 


do 


800 00 


Og.).") 


J. O. Evans 


....do 


15 000 00 


2876 


P. IVTcNaniarfi. . . . 


....do 


4 000 00 


2898 


DeGolyer & McClelland 


....do . 


10,000 00 


2908 


J. 0. Evans 


....do 


3, 000 00 


2926 


D. Hudnell 


....do 


300 00 


2966 


DeGolyer & McClelland 


....do 


10, 000 00 


2994 


D. Hudnell 


...do 


400 00 


3027 


DeGolyer & McClelland 


. ..do . . 


5, 000 00 


3081 


do 


do . 


10,000 00 


3082 


D. Hudnell 


....do .- 


1, 000 00 


3115 


P. McNaniara 

J. llaedy & Co 


....do 


3,500 00 


3154 


...do 


390 40 


3213 


DeGolyer & McClelland 


do 


35, 000 00 


32G3 


do 


do 


5, 740 no 


3264 


do 


....do 


7, 222 80 



EXPENDITURES ON AVENUES. 2283 

Sfaiement of cxpendUiircs hj hoard of ptthlic works on account, of avenues, <.j-c. — Continued. 



Xnnibcr of 
vonoher. 


To whom paid. 


Kind of work. 


Amount. 


3205 


DeGolvor & McClelland 


Street 

do 


$11, 000 00 


32(iG 


do 


5 000 00 


3207 


do 


do 


5' 000 00 


320>t 


do 


do 


5 000 00 


32011 


,lo 


do 


5 (100 00 


32'.I8 


I). lludufU 


....do 


' 400 00 


3J30 
30.r0 


.1. (). Evans 


....do 

....do 


13, 372 00 
2, 007 05 
1 500 00 


3842 




.. do 


1873. 

214 


J. F. Acker 


do 


250 87 


21.") 


DcGolver & McClellaud 


do 


000 00 


220 to 222 


do 


...do 


22' 662 20 


250 
•119 to 423 


P. McXaniara 

1). Hudnell 


....do 

....do 


' 400 00 
14 710 2.3 


424 


do 


....do 


405 79 


440 
477 


1'. JlcXamara 

do 


....do 

...do 


10, 000 00 
2, 712 01 


643 




do . 


812 66 


700 


Kot b well &, Holden 




891 19 


707 & 70S 


do 


do 


2 225 29 


771 


do 


do .. 


51 00 


772 




Street 

Sower 

Street 

Sower 

Street 

do . 


97 60 


901 


Ciilds \- Nevill(5 


1 630 23 


920 




10, 000 00 

4 883 PO 


1005 




1039 




3, 703 7o 
3 167 70 


1040 


do 


1007 


do 


Sewer 

Street 


492 45 


1374 


do 


1,200 00 


1400 






528 82 


1430 


do 


do 


287 00 


1481 


do 


....do 


1 000 00 


1559 


do 


...do 


267 29 


1570 


do 


do 


823 70 


1044 


do 


....do 


10 000 00 


1CS8 to 1095 


do 


do 


5 729 46 


1745 


do 


....do 


1 200 00 


1822 




Sewer 

Street 

do 


348 10 


1331 


1). niidiicii 


015 00 


2209 


W. II. WrislJt 


16 27 


2572 to 2574 


DeGidyei- &. McClelland 


....do 


8 267 00 


2593 


M.Colt! 




13 00 


2027 
2043 


P. McXamara 

DeGoIycr & McClelland 


Street 

Street 

....do 


130 49 
544 23 


2854 to 2800 




49 377 38 


3017 to 3021 


do 




5 006 54 


3092 


H. V. C(dton 


...do 


2 548 00 


3018 




....do 


8,080 15 
162 90 


3709 


M.Cnl.3 1 




4111 




....do 


32 50 


4702 to 4707 




Street 


6 500 00 


4780 to 47H2 


M.Col.^..? 


23 50 


4830 to 4832 




Street 

....do 


3, 500 00 
764 65 


1674. 

354 




459 to 461 




do 


15 827 30 


513 


Ghild.s & Neville 


Sewer 


3 04 


544 &. r^4:, 

540 & 547 


G. W. Goodall 

do 


....do 

do 


14 .50 
254 23 


550 iSi 557 


11. V. Colton 


Street 


86 40 




Total 






557,953 47 




UlIOUK 1.SLAND AVENLK. 


Street 

ilo 


1671. 

498 


1 500 00 


1008 


T. 11. Williams 


300 00 


1005 




....do 


42;j 20 


1872. 

107 




....do 


4.50 00 


130 




.... do 


2, 000 00 
367 5(i 


135 




....do 


2()5 


T. H. WilliaiiiH 


do 


298 40 


11 1.'; 




do 


201 45 


28M9 




do 


500 00 


2933 


do 




300 00 


3131 




Street 

...do 


400 00 


3295 


do 


.300 00 


3392 


Grav l"c Kim: 


Sewer 


500 00 



2284 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Statement of expenditures hy the hoard of^piiblic tcorks on account of avenues, 4-0. — Continned. 



Number of 
voucher. 


To whom paid. 


Kind of work. 


Amount. 


3435 




Street 


$500 00 


3719 




Sewer 


2 500 00 


1873. 

272 




Street 


500 00 


273 


do 


....do 


1,291 92 


274 


do 


....do 


71 26 


727 




....do 


1 200 (10 


883 


E. Eothwell 


....do 


132 45 


1486 




Sewer 


9, 664 70 


1487 




....do .....w 


579 30 


1509 


do 


....do 


365 60 


1511 


H. Mil rray 




.57 60 


1823 


....do 


607 58 


2122 to 2128 




....do 


7, 2.i3 00 


2380 




....do 


4, 000 00 


2439 


do . . . 


do 


3 000 00 


2487 


T. H. Williams 


....do 


950 40 


2988 






3, 943 88 
1 135 47 


3146 


T. H. Williams 


....do 


3245 to 3251 


J. S. Baldwin 


Street 


6, 816 00 


3271 to 3272 




....do 


9, 500 00 


3477 to 3486 




....do 


1,5,000 00 
1, 150 95 


3658 to 3660 


Riley & Clark 


....do 


3706 






951 00 


3786 to 3788 






3, 292 00 
3, 922 02 


3966 




....do 


4205 to 4210 


J. S. Baldwin 


....do 


28, 348 92 
40 00 


4211 


do 




4223 




Street 


1, 608 29 


4332-9 




....do 


158 60 


1874. 

173 


Eiley &. Clark 


....do 


86 70 


182-7 




....do 


2,780 80 


431-4 


L. S. Filbert 


....do 


1,700 00 


485 7 




. . do 


800 00 


638-9 




....do 


2, 333 50 




Total 








123 782 55 




SOUTH CAROLINA AVENUE. 

W. A. Fletclier 


Street 




1871. 
1074 


497 57 


1872. 
2685 


W. E. Vermillion 


....do 


1, 000 00 


2772 


do 


....do 


1,000 00 


2917 


do 


....do 


500 00 


3072 


do 


....do 


500 00 


3408 


do 


....do 


350 00 


3514 


do 


..do 


1 710 00 


1873. 
550 


do 


....do 


500 00 


1715-17 


do 


do 


5, 032 26 


1807 


do 


...do 


79 42 




Total 








11, 169 25 




VERMONT AVENUE. 


Street 

. .do 




1871. 

595 


5, 000 00 


1872. 

8 


E. Dubant 


78 00 


280 


White & Brother 


do 


291 25 


446 


E. Dubant 


. . do 


18 00 


599 


P. Brenuan «,. 




900 00 


1097 




5, 000 00 


1145 






20 00 


1304 




do 


4,370 99 


1305 




..do 


22 80 


1476 


D. Hannan 


..do 


67 62 


1511 


J. McKenzie 




104 00 


1668 


....do 


5, 000 00 


1863 


do 


....do 


5, 000 00 


1872 


E. Dubant 


....do 


54 00 


1922 




do 


108 00 


2549 


Thoma.s Lewis & Co 


....do 


10, 715 82 


3667 




....do 


16 10 


1873. 

302 


Thomas Lewis &, Co 


do 


2,235 93 


1184 






187 20 


1155 






43 00 











EXPENDITURES ON AVENUES. 2285 

Statement of expenditures hy the hoard ofimhlic works on account of avenues, tjc— Coutinued. 



^unibfT of 
voucher. 



To -wliom paid. 



Kind ol' work. 



Aiuouut. 



2371 
2372 
2381 
27-^1 
27S4 
3632 
3633 
1874. 

530 

535 

556 and 557 



L. S. Filbert. 

do 

do 

I'. Brennan. . 

do 

F. McGhaii.. 
do 



Street. 
...do. 
...do . 
Sewer 
Street 
Sewer 
...do. 



L.S. Filbert. 

do 

H. T.Colton. 



Street 
...do. 
...do. 



Total. 



VIKGIXIA AVEXL'E. 



1070 C. C. Scribcr. 



Street. 



1873. 



43 

563 
)2;<3 
1501 
1857 
2012 
2238 
2572 
2G52 
2818 
2977 
32-26 
3617 
3752 

1010 
2823 



.do. 
.do. 



J. T. W. Vandcnburgh. 

do 

do 

A Ibert Gleason 

.J. T. W. VandenburKh 

do 

do 

do 

do 

do 

do 

do 



...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
...do . 
Sewer 



vr. Bucklej' . . 
W. H. Adams 



.do 
.do 



341 Samuel C. "Wroe , 



Street 



Total . 



82, 388 61 

34,263 44 

839 77 

1, 001 'J2 

241 00 

89 50 

36 00 

3, 498 13 

245 00 

1, 016 24 



82, 852 32 



500 GO 



500 00 


2, 138 50 


8, 000 00 


7, 000 00 


12, 000 00 


40 00 


17, 800 00 


2, 480 00 


5, 128 57 


2, 500 OO 


4, 250 00 


1,091 01 


2, 560 00 


611 25 


1, 121 73 


700 00 


' 2,088 11 



70, 509 17 



RECAPITUL.VTIOX. 

Connecticut avenno filTl, 175 ^.> 

Delaware avenne ~f) ^^^ 3(i 

Louisiana avenue "''•») 01)8 74 

Maine avenue 24,0ri6 i:} 

Maryland avenue ^:,*V*r~^ "'^ 

^Maissacliusetts avenne -l-'*^'! 'j-l^' 31 

Missouri avenne '-^^i -JOS 11 

New York avenne 2(ilt, (594 51 

New Hanipsliire avenne l'<i'^'> 160 43 

New Jersey avenue ~_l-l. ^~3 20 

North Carolina avenne ■'! ; *-'0 63 

Ohioavenu.-, .IL''*'-'^ ^"^ 

I\'nnsvlvania avenne or>7,i»53 47 

Rhode Ishmd avenue 123,782 55 

South Carolina avenue H. 169 25 

Vermont avenue ^■*' 8''^"^ ^2 

Virginia avenue 70,509 17 

Total 2,410,179 55 



Anditot 



.1. ('. U.W, 



2286 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Theodore B. Samo recalled : 

Circle at P and Nineteenth streets. 

The asplialt carriage-way, as measured by Mr. Blickensderfer, is 11,696 square yards- 
In the circle proper there are 6,775 square yards, being the lueau circumference of the 
carriage-way multiplied by the width, 45 feet, and divided by 9. 
The private proijerty fronting on P-street circle is as follows: 

Square No. 113 36,\ feet. 

Square No. 135 43 ,4^ feet. 

Square No. 136 128i^ feet. 

Square No. 137 36 j^j feet. 

Square No. 115 43,^ feet. 

Square No. 114 128f^ feet. 

Total • 416 feet. 

And the total carriage-way in front of private property is (416x45—9) 2,080 square 
yards, of which -j is chargeable to private property aud the balance to the United States. 
And the total carriage-way chargeable to the United States is as follows : 

2,080 square yards, 

Less one-sixth, 346f square yards 1,733^ yards. 

Balance of carriage-way in circle (6,775 — 2,080) 4,695 yards. 

Balance of carriage-way (11,696 — 6,775) 4,921 yards, 

Less one-sixth, 820^ 4,100'g yards. 

Total carriage-way chargeable to the United States 10,529e yards. 

And the estimate, using Mr. Blickensderfer's quantities, will be as follows : 

Asphalt carriage-way, 10, .529^ squai'e yards, at $3.20 $33, 693 33 

Wood carriage-way, 116 square yards. 

Less one-sixth, 19^ square yards. 

96f square yards, at $3.50 338 33 

Asphalt sidewalks, 1,837 square yards. 

Less one-sixth, 306^,square yards. 

1, 530t square yards, at $1.35 2, 066 62 

Brick sidewalks, 446 square yards. 

Less one-sixth, 741- 

371| square yards, at $1 371 66 

Flag sidewalks, 21,195 square yards, at $L25 26,493 75 

Straight curb, 2, 694 linear feet. 

Around the circle, 1,213 linear feet, at |1.50 1, 819 50 

Balance of curb, 1,481 linear feet. 

Less one-sixth 246f . 

1, 234Jf linear feet, at $1.50 1,851 25 

Circular curb, 927 linear feet. 

Less one-sixth, 154§. 

772^ linear feet, at $2.50 1,931 25 

Sewers, 1, 083 linear feet. 

Less one-sixth, 180|^ linear feet. 

902* linear feet, at $4.70 4,241 75 

Parking, 136 square yards, at 50 cents 68 00 

Grading 4,325 00 

Total , 77,200 64 



TESTIMONY OF THEODORE B. SAMO. 2287 

Add f.nljrick sidewalk, which was hud when I measured the work and 
which was taken up only a short time before Mr. Blickeusderfer meas- 
ured it §429 50 

Add for 1,'2V.\ linear feet of curb around the circle jjroper, estimated by 
Mr. Blickensderfor at sl.oO per foot, proper price $2.bO per foot, differ- 
ence sl.UO 1.213 00 

Total 78,84:5 14 

Charged to the United States 78,540 I'J 

Balance due board 202 95 

Scoit Square. 

Mr. Blickeusderfer estimates of as- 
phalt carriage-way 7, fil2 square yards. 

Deduct , 1,112 siiuare yards inside of square, 

G, ."JUO square yards around the square. 
Less one-sixth 1, 0S:5f square yards. 

5, 416^ square yards. 
1, 112 

Total C,528i square yards at 83.20 $20,890 66 

Wood carriage-Atay 2, 221 square yards. 

Less one-sixth 370^ 

1,S50§ at $3.50 6,477 91 

Brick sidewalk 4, Ui lO square yards. 

Of which 1 , 462 sc^uare yards adjoiu the square. 

Leaving 2, i>?>S on opposite sides- 
Less one-sixth 423 

2, 115 
1.462 

Total 3, 577 square yards at $1 3, 577 00 

Asphalt si de walk 65 s<iuare yards. 

Loss oue-sixth lOf; 

54^ square yards at $1.35 73 12 

Parking 1,869 s([uare yards. 

Less one-sixth 311 g square yards. 

1,5.57^ square yards, at 50 cents.. 778 75 

Curbing 3,669 linear feet. 

Deduct" 1,992 linear feet, in and around S([nare. 

Leaving 1,677 linear feet, on opposite sides. 

Less one-sixth 279;^ linear feet. 

l,397i 
Add 1,992 linear feet. 

Total 3,389i linear feet, at $1.50 5,084 25 

Sewers 1,402 linear feet. 

Less oue-sixth 233ii linear feot. 

1,168J^ linear feet, at $4.70 5, 491 16 



2288 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Iron fences, 
Less one-sixth, 



803 linear feet. 
133^ 



669i linear feet at $3.50. 



Gratliug 



^•2,34-2 08 
2,250 00 



Total 46.964 93 

Charged to United States 49,042 90 



Excess 2, 077 97 

In estimating at Scott Square I estimated sewers on the four sides — one in each 
street. On the map furnished to Mr. Blickensderfer by the board engineer, no sewer 
is shown on the west side of the square. There is a sewer there, but it now appears 
that it was not built by the board of public works. I measured the sewers between the 
iron covers as they show at the surface of the street, and had no reason to suppose one 
of them was not built by the board. 

Mr. Blickensderfer estimates the total length of sewers 1,402 feet ; my measurement 
was 1,866 feet; difference, 464 feet, which will more than account for the excess of 
$2,077.97. 

Eaivlins Smare. 

Mr. Blickensderfer's estimate of — 
Asphalt carriage-way, 3,211 square yards. 
Less one-sixth, 535-g- square yards. 

2,675^ square yards, at $3.20 $3, 562 66 



Cobble-stone carriage-way, 3,098 
Less one-sixth, 516| 



2,581| square yards, 1,419 91 



Brick sidewalk, 

Brick sidewalk. 
Less one-sixth. 



Asphalt sidewalk, 
Less one-sixth, 



Straight curbing. 

Straight curbing. 
Less one-sixth. 



Circular curbing. 
Less one-sixth, 



Parking, 
Less one-sixth. 



Sewers, 

Sewers, 

Less one-sixth, 



1,685 square yards, at $1 1,685 00 



1,870 square yards, at $1 
3111 



1,5.58^^ square yards, at $1 1,558 33 



44 square yards. 
7^ square yards. 



36|- square yards, at $1.35 



49 50 



1,288 linear feet, at $1.50 L 092 00 



1,557 linear feet. 

259^ 

l,297i linear feet, at $1.50 1,946 25 



59 feet. 

Adh linear feet, at $2.50 



1,172 square yards. 
1951 



976f square yards, at 50 cents. 



122 91 



488 33 



315 linear feet, at $4.70 1,480 50 



679 linear feet 
113^ 

.565^ linear feet, at $4.70 2,659 42 



TESTIMONY OF THEODORE 15. SAMO. 2289 

Wood fence, tiTl linear feet 

Less one-sixth, lll{; 

r)")!),'; linear feet, at :W cents $IG7 75 

'2-2, 07-2 '^6 
Add wood ]taveiiM'nt. omitted l)y Mi". HlicktMisderfer at intersection of E and 

EiglitetMitli street U7 sqnare yards. 

Less one-sixth IG,"; s(|nare yards. 

80{! sqnare yards at 8:?.r)0 .... 282 91 
Add gradinjr 1,71-2 00 

Total 24. (l(;7 47 

Charged to the United Stutgs 22, MV.) 70 

Balance due the board 1,70:J 77 

To this amount slionld be added tlic value of the brick pavement which Mr. Rlickens- 
derfer states that he left out. (see page 2000 of testimony ;) but he does not state how 
much. lie gives two estinuitts of this square. The first, on page lUii;?, is ■'?22,21U.:U ; 
the second, on page 2,001, is $23,7713.47 ; dill'erence of .§l,5():5.1(i. 

Xew Hampshire avenue. 
I measured the gratling done on New Hampshire avenue, on the ground, as near as I 
could, and al.so referred to the grade-book in Mr. Forsyth's otliee. I made the total 
amount of excavation and embankment, 

141), 4H4 cubic- y.ards. 
Less one-third, 4t>, 828 cubic yards. 

99, 656 cubic yards, at 40 cents $39, 86-2 40 

No haul is charged, f<u' the reason that excavation and embankment were both 
included. I was informed by the board enginei-rs that the embankments were nuvde 
mostly from the excavation of other streets. 

Mr. Blickensderfer estimates the total quantities in this avenue, 

132, 512 cubic yards. 
Less one-third 44, 170f cubic yards. 

fiS, 34H cubic yards. 

In his estiumte he does not include the embankment between Pennsylvania avenue 

aiul I street, and the embankment between Sixteenth street west, and the boundary. 

The former I estimated 4,5i)2 cubic yards. 

The latter 1,715 cubic yards. 

Total 6,307 cubic yards. 

Mr. Blickensderfer stated that he had tJie benefit of profiles and cross-secti<uis, with 
the exception of the excavation between I and H .streets. I am informed by the board 
engineers, Messrs. Forsyth and Oertly, that these cross-sections were taken after a con- 
siderable portion of the work was dom-, cs]K'cially on tlie principal fmbanknu-nt, be- 
tween L and M street : and I am also informed by the, paymaster of the board that a 
large amount of grading on this avenue was done by days' work. My e^tiuuvte, being 
made without the original cvos.s-sections, would include all the work overdone on either 
the embanknuMits or excavations. 

Mr. Blickensderfer admits that Mr. Barney gave him ;in estimato of the amount of 
tilling done between L and M streets before tlie cros.s-sections were taken, and tiuit he 
included that in his statement. It thus appears that for the heavy excavation betwi.'en 
1 and H streets (it is from 20 lo 30 feet deep at H streel ) there wei'e no cross-sections, 
and for the heaviest embankment, bittween L and M, the cross-sections were not taken 
till after considei-able work had been done. 

In regard to the ex('avation of Virginia avenue, I was informed by the engineers, 
Messrs. Forsyth and Oertly, tliat Virginia avenue had ))e(^n cro.ss-sectioned and the 
quantities accurately calculated. I ther<lbri! availetl myself of the same, and ailopted 
the result as given to nie by Mr. Oertly, which is as follows : 

Grading, 1()4,0(M) cubic yard.s, at 40 cents .sIl.GOO 00 

Haul, l(U,("Hi cul)ic yariis, at 3(5 ci;nts 37,440 00 

Total 79, (»40 (0 

Less ont:-tliird , 2(>, 34t» 66 

.'.2.693 34 
111 1) C T 



2290 AFFAIES IN THE DISTRICT OF COLUMBIA. 

G street, uorthwest, between Twenty-fourth and Twenty-sixth streets, I estiiiuited 
the j^radiu"- on the gronnd. It iuchided the reservations formed by the intersection 
of Viro'inia avenue and New Hampshire avenues. I made the amounts as follows : 

Cubic yards. 

Grading on G street 17,21(5 

Grading on the reservations 16, 5'J3 

Total 33,809 

Which was charged as follows : 

Grading, 33,809 cubic yards, at 40 cents $13, 523 GO 

Haul, 33,809 cubic yards, at 36 cents 12,171 24 

25,694 84 
Less one-sixth 4, 282 47 

Paid by the United States 21,412 37 

It now appears, from the investigations made of this locality by Mr. Blickensderfer, 

that the cross-sections of Virginia avenue include that portion of New Hampshire 

avenue between H and G streets and the reservations at the intersections of these 

avenues with G and Twenty-fifr,h streets. I was never informed of this till a few days 

ago, and I do not believe that either Mr. Oertly or Mr. Forsyth was aware of the fact. 

The result is that a part of New Hampshire avenue and the reservations have been 

estimated twice, and the total quantities of grading charged to the United States are 

as follows : 

Cubic yards. 

Virginia avenue • 104, 000 

G street and reservations 33, 809 

137, 809 
Cubic yards. 

Less one-third of Virginia avenue 34, 66()f 

Less one-sixth of G street and reservations 5, 634-;; 

40,30U 

Charged to the United States 97,507^ 

Mr. Blickeusderfer's quantities are as follows : 

Cwbic yards. 

Virginia avenue 102, 657 

Deduct amount included in New Hampshire ave- 
nue 23, 279 

97,378 

Less one-third 26,4.59* 

52,918J 

G street .12,402 

Less one-sixth '2, 067 

10, 335 

63, 253| 

Differeuce "^4, 253j, 

In regard to the overcharge for sewers in G street, I measured the length as shown 
to me on the ground by the board of engineers. On the map given to Mr. Blickensderfer 
by the chief engineer of the board, it appears that the board built only 730 feet. The 
United States are charged with 2, 066 linear feet, less one-sixth, 344^, making l,721f 
linear feet, or an overcharge of 1,112^ linear feet. 

Maryland avenue. 

I measured the grading of Maryland avenue from First street east to the Boundary, 
and I believe that I measured it correctly. 

The amount of grading is 238,643 cubic yards. I also measured the grading at Stan- 
ton Place and made the amount 12,932 cubic yards, or a total of 251,575 cubic yards. 

The amount charged to the United States is as follows : 

Grading, 238,643 cubic yards, at 40 cents 195,475 20 

Haul, 238, 643 cubic yards, at 15 cents 35,796 45 

Total 131,271 65 

Less one-third 43, 757 21 

4 87,514 44 



TESTIMONY OF THEODORE B. SAMO. 2291 

Orading;, GS8 cubic yards, at 30 cents S20G 40 

Less one-sixth 34 40 

81T2 no 

Cfrading, 1-2, -244, at :!0 cents 3, (j72 20 

Total cbar;,'ed to United States Ul,359 G4 

Mr. IJiickensderfer states that the amount charged to the United States is 2'y7,7S'> 
<ultie yards, (see ])a>ies IDTO and 2(102 of testimony.) and 3,177 yards of rock, at 70 
cents, less one-third, niakinjr total eliar<;e to the Uiiited States S<j'2,-^30.23. 

The total amount of ,i;radin<; eharjjed to the United States is 2.")!. r)7r> cubic yards, 
less 7i),()(i2^ cnhie yards, leavinj;- 171,i,)12^ cul)ic yards, and not 2.'J7,7^5 cubic yards, as 
stated b}- Mr. lilickensderfer. Kock excavation does not appear in anj' part of uiy es- 
timates, and I have neither measured, estinnited, nor charj^ed for any, and it would 
puzzle Mr. Hliekensderfer to jtoint out, either in my estinrates or in the (iovernor's An- 
swer, this item of 3,177 yards of rock at 70 cents, two-thirds of which he states has 
been cbarircd to the United States. 

He has evidently got the contractors' estimates and the United States estimates 
mixed, and his testimony as printed is the hrst and only place where I have seen this 
item of rock excavation. 

In measurinj;; tbe jrradini;- of Maryland avenue I took the sides of the avenue as I 
found them. I had neither profile nor ero.ss-seetions, and I am informed bj' Mr. Gleasou, 
the contractor, that he did a large amount of grading before the cross-sections were 
taken. 

My measurement of this avenue includes whatever excavation was done before the 
cross-sections were taken, whether done by the board of public works or the old corpo- 
ration of Washington, and I believe it is correct. 

In regard to the resi>rvation at O and Twentieth streets and New Hampshire avenue, 
^Ir. Diiekensderfer does not give tbe details of his measurement. On page 199- of his 
testimony he states that the overcharge to the Government is s9i')7.90 after deducting 
S/14.()7, and that taking the same basis that they (the engineers) have the ditfereuce 
is §353.23. 

The measurements and estimates of work done oi)posite and around Government 
property and Government reservations, were made by me in consequence of the fol- 
lowing acts of Congress: 

First. "To enable the Secretary of the Interior to pay the expenditures made by the 
l)oard of puljlic works of tlie District of Columbia for leaving roadway, and curbing, 
and paving sidewalks, grading, sewerage, and other iini)rovements upon and adjoining 
the i)roperty of the I'uited States in the District of Colnmbia, §1,241,920.92." (See 
Laws of Forty-second Congress, 3d session, 1873 ; ch. 18, p. 40.').) 

Second. "To reimburse the board of ])ublic works for work done around Govern- 
ment reservations, not heretofore paid, $106,533.00." 

Third. " To coni])lete the iin]n'ovtMiients of streets and avenues now in progress oji- 
posite and around (lovernment ])ropeity, §913,497.26." (See Laws of Forty-second 
Congress, 3d session, 1873; ch. 227, ])p. .526 and 527.) 

Neither of these laws states that one-sixth or any other proportion shall be deducted, 
but before I commenced making the measurements the |uecedent had been established 
of deducting one-sixth of the cost of improvements pertaining to private propertj' op- 
posite Government ]uopcrty. 

Mr. Forsyth and I accompanied Mr. IMiekensderfer when his assistants niadethiir 
measurements at "P " str('et circle, reservation at <) and 'i'weiit ietli streets. Scott .'^iiuare 
and Kawlins S(|uare, and at my request -Mr. F(usytii explained to him fully the method 
of measuring that had been establisluMl ; stating tbat we measured all the improvements 
within the building lines, and charged to the United States all. the side walks, eurlting, and 
other improvements in front of govi-rnment luoperty. and five-sixths of the sidewalks, 
curbing, carriage-way. and other imiuovements in fnmr of i)rivatc property. There was 
no disiiosition on the part of Mr. Forsyth to witliliobl information or to conceal anything. 
He oti'ered Mr. IJlickeiisderfcr the exclusive use of a room in liis olhce.s at the City Hall, 
and told him he could have, access to every map, estimate, and paoer ot wliatsoever 
nature in his iiossession. He gave him ii complete set of maps of tbe entire city, and a 
printed table showing the width of every street and avenue. He also tendered to him 
the use of his two horses and carriage. 

Neither of us was witii Mr. Hliekensderfer when he estimated New Hain])shire, 
Virginia, and Maryland avenues, for the reason that he did not notify us, though his 
assistant, Mr. Ulmore, promised nie tbe day In- finisiied the me.asuremeuls of liawlins 
Square, that if be measured any more work he would give me due notice so that I 
could be present, and I understood that it was the decision of the committee that Gen- 
eral Babcock should have the jnivilege of having his engineer present on any work 
that was to be measured or examined by Mr. Bliekensderfer. 

(ieneral Babcock was at Scott S()uarethe day Mr. Elmore was taking nu-asuremcnts 



2292 AFFAIRS IN THE DLSTKICT OF COLUMBIA. 

for Ml". Blickeu.sdfit'fr, iiud General Babcock, iu presence of Mr. Blickeusderfer, directed 
me to tnve Mr. Blickensderfer all the information and assistance in my power, and he- 
told Mr. Blickensderfer that anj^ information he wanted he had only to ask for and it 
would be cheerfully furnished. 

Mr. Blickensderfer told me that he would, before submitting the results of his- 
measurements and calculations to the committee, let me see them. I called upon him 
a number of times ; the last time I told him I had called at the request of General 
Babcock, (it was the same day that the general called.) He then showed me the cross- 
sections of Virginia avenue and G street, and the result of his calculations of the exca- 
vation of New Hampshire avenne, Virginia avenue, and G street, but did not show me 
his calculations of any other work whatever. 

THEODORE B. SAMO. 

By the Chairman : 

Q. You measured all this Goverinuent work, did you uot ? — A. No ;. 
there was one uieasureuient made before I measured. That was the tirst 
measurement made iu 1872, before this $1,240,000 was appropriated. 

Q. Who made that! — A. By au assistant engineer on the Washington 
Aqueduct, named Mr. Aldrich. 

Q. What instriTCiious did General Babcock give you with reference 
to these measurements ? — A. To make them accurately, and to be as^ 
careful and particular as possible. 

Mr. Mattingly. Will the committee allow this testimony of Mr. 
Oertly's, as to Mr. Rives's testimony, to be printed ? 

Mr, Christy. We should object to that, Mr. Chairman. Mr. Oertly 
had better be here. 

Mr. Mattingly. He will be here on Monday. I desire to get it iu 
print so that Mr. Rives should have au opportunity to examine it. He 
desires that it should go in. 

Mr. Christy. If Mr. Oertly will attend for the purpose of beiug inter- 
rogated iu regard to it I have no objection to it. 

[The statement of Mr. Oertly is as follows :] 

New York avenue. 

Mr. Rives presents, on pages •2024, 202.^, 2026, and 2027, various figures on this avenue. 
The results of the same sum up as follows : 

1, page 2026. That the Government paid .$118,215.30 for the avenue from Ninth to 
Fifteenth street. 

2, page 2027. That the Government paid ,|13.5,.519.84, or $14,047.96 more than the entire 
cost of the street, which he states at $121,471.84. To this may be added his former 
statement : 

3, page 1307. That the Government overpaid on this avenue $11,862.24. 

Now, Mr. Rives's statement of what the board did receive for New York avenue, 
between Ninth and Fifteenth streets, is incorrect. It is clearly enough stated in the 
Governor's Answer, pages 413 and 414. The measurement (413) of the avenue from 
Ninth to Fifreenth streets foots up $137,572.80. From this is deducted, (so as to sepa- 
rate the portions of the street on which live-sixths or sis-sixths was to be paid,) 
J age 414 — 
((. Reservation at Gurley's church. Total amount of reservation, $7,989, 

of which is chargeable to avenue $5, 717 70 

h. Reservation at Twelfth street. Total amount of reservation $11, 141.75, 

of which chargeable to avenue 8, 471 35 

c. Reservation at Tenth street 750 40 

(I. Reservation at Tenth street. Total of reservation $19,146, of which 

chargeable to avenue 7, 000 00 

The reservation at New York avenue, Thirteenth and H streets, has no 
frontage on the avenue. 

21,939 45 
Total of avenue 137,572 80 

115,633 35 



STATEMENT OF B. OERTLV. 2293 

From tbis one-third is deducted (414) s3,^, ')\i 45 

Amount paid by Government on the avenue, on those portions border- 
in >; on i)rivatf i)n)iierty entirely 77, OdS 90 

Amount i>aid by tiie Government on tlie avenue, on portions borderiujf on 

reservations (the above) " 21, 939 45 



Total amount paiuby the Gover 



nment 99, O-^H 35 



Total cost of avenue to board (see table '24, lf*72) 1"21, 471 ^'4 

Mr. Kives (paj^e 'JdvJo) refers to the fact that, in tlie above table of 1872, the Go%ern- 

nient Avas only charged <ui this avenue with .'§14,939.45, and that such amount was 

sent to the president as the true amount ; also, that I prepared that table, which is 

incorrect. 

Mr. Rives forgets that the law making appropriation for avenues, passed March 3, 

1873. In 1872, when the assessment-slieet (table 24) was prepared, and when no 

knowledge could lie had of the passage of the act of March 3, 1>73, the Government 

A\ as credited with $17,210.05, and not :$14,939.45. 

Ponixijlraiiin avciim: 

Pages 2023, 2025, 2026, also 1307, 2028. 

I am nimble to state the results of Mr. Rives's figures on this avenue. Page i:!07, he 
states that the Government overpaid $57,248.91). In my statement, pages l(i72-73, I said 
that the Government did not overpay, but that there was a balance actually due on the 
avenue of $1,13(). 39. I jtreseuted in that statement the only true method to arrive at 
correct and satisfactory lesnlts, theenfireexiienditnres for tlie work then being known. 
Mr. Rives does not find fault svith the method, but points out the following mistakes, 
as he ttMins them : 

1. Page 2028, " And again (Oertly) he has charged, if you will examine that table, 
take for instance, page 1072, north of Fifteenth street, six-tenths of an inch — 39 feet. 
That is one of those Government spaces, what they call such. Now, that is entirely 
covered by a wood ]>avenient." 

The space referred to is north of square 15, and not Fifteenth street, and is not cov- 
ered by a wood pavement. Mr. Rives will find brick footwalks ail around it, and the 
center parked, if he will take the trouble to inspect the locality. 

2. Page 2027, Mr. Rives says, " On I'ennsylvania avenue, for instance, in the testi- 
mony, page 1()73, he has got 5,937 feet of private property. The total amount of pri- 
vate property is (),031 feet 9 inches." 

My statement was derived from the assessment-table (table 24. 1872) and page 156 
of the Hoard Report for 1873, and the latter are undDubtfdly correct. 

Tin- dirt'erence occurs in sipiare west of s(|uarc 14 and square north of square 4. If 
Mr. Rives will measure the frontage of those squares, as the same now are, he will 
find that the lengths given in table 12, 1875, viz : s(|uare north of square 4, 23() feet 2 
inches; stpiare west of square 14, 178 feet 3 inches, are the lengths from Twenty- 
sixth street west to the A<iueduct Bridge abutments. The balance of the squares was 
absorbed by the United States Ijridge and its abutments, and certainly cannot be as- 
sessed for street-improvements to which tin,' i)i'upcrty lias no access. 

Mr. Rives also states in this connection that on New York avenue I left out the square 
west of Fourteenth street. This is positively incorrect. I give the same distance as 
given in assessment-sheet 24 of 1872, and if Mr. Rives will refer to that he will tind 
tin; length of .mpiare 222 given at 405 feet 2 inches, and of sc|uare 223 at 405 feet 3 
inches. Both squares are west of Fourteenth street. 

CuiDH'cdcut avciiii)'. 

Tlie error of Mr, Rives in connection with tliis avenue is, that he bases all his figures 
on the assumption that the whole cost of the stn^et w.is SnO,.575.43. This tigure is 
given, (Board Riq)ort, 1873, page 84,) but not as the whole cost of the street. It was 
a partial assessment. 

The whole cost of the stniet, as givrm to me by tin- auditor, is slHl.773..52, and my 
statement, liage lti75, is correct. 

Page202-<,Mr. Rivesstates that I deducted only 825. 451.2(1 from this avenue for P-street 
circle, whereas ii of the concrete alone ot' that reservation was charged with S'J'.l.OdO. 
— ( Page 2t>, Governor's Answer.) Bnt.Mi'. Uivesforgets tliatthceharge, page 4111;. includes 
1* street anil Massachusetts avenue to Twentit!th stri;et, that is, opposite to tlie trian- 
gular reservation west of the P-street circle. In my statement I could only deduct so 
much of the P-street circle as the auditor had charged to and included in his statement 
of th(! cost of Connecticut avenue, it would have been wrong to d.-dnct more. 



2294 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Afassachusctts avenue and Vermont avenue. 

Mr. Rives, page •2024 does uot refer to luy statement of those avenues — pages 1673,. 
1674, and 1675. 

He merely refers to errors in single iteius, vrhereas I have shown, conclusively, 
that despite these errors, there is clearly a balance due on Massachusetts avenue of 
.$53,016. 47, and on Vermont avenue $1,476. 35. 

Tu-elfth street, southwest. 

Mr. Rives, page 2024, says that $12,929.03 was charged to private pro])ert.y for sewer, 
whereas the Government paid .|7,050 of the same. This is incorrect — the .'til2,929.03 is, 
entirely for sewer between B street south and Potomac River, and B street north and. 
Penusylvauia avenue, whereas the charge to the Government is for sewer across the 
Mall. 

Mar'ket space. 

The assessments, as per Table 10 of Board Report. 1872, were prepared long before 
any appropriation was made for the reservations abutting on Market space. The 
property-holders, as he states, ought to, and undoubtedly will, receive their just draw- 
backs. 

Mr. Rives refers to overcharges on sewers on Seventeenth street, (page 2023.) city 
hall reservation, (2024.) The overcharges are all in consequence of the assumed average 
price, $4.70 per linear foot, with regard to which I respectfully refer to my sewer state- 
ment, (1169, 1170, 1171,) which shows that there is still a balance due to the board ou 
sewer account, and which statement is correct. 

B. OERTLY. 

Thomas D. Winter recalled at bis own request. 

The Witness. I would like to luake a little correctiou before the com- 
mittee adjourns. Mr. Barney has called my attention to the fact that I 
stated that it was for sodding- done that he gave that account. 1 should 
have said for sodding to be doue. 

The committee adjourned to 10 o'clocli a. m., ^Monday, 25th instant. 



Monday, May 25, 1874. 
Committee met at 11 a. m., pursuant to adjournment. 

Job W. Angus having been sworn, testified as follows : 
By Mr. Wilson : 

Question. Where do you reside ? — Answer. In Washington City. 

Q. How long have you resided here ? — A. For twenty-five years, with 
the exception of the last two years ; for two and a half years I have been 
in Chicago. 

Q. What official position have you held, if any, in the District of Co- 
lumbia ? — A. I was assistant commissioner of the public buildings under 
B. B. French. 

Q. For what length of time ? — A. I think nearly six years. 

Q. State if you know whether during that time any work was done 
by the United States on any of the avenues of this city; and if so, on 
what avenues, and how it was paid for. — .A.. There were api>ropriations 
passed every year while I was with Major French for repairing and 
fixing the avenues — repairing of the pavements, grading, laying, flag- 
ging, &c. I paved Pennsylvania avenue, repaired it its whole length, 
for that number of ^ears. I laid new flagging from the President's 
House to the Capitol, or from Fifteenth street to the Capitol, ou both 
sides of the avenue, the last year I was with B. B. French. 

Q. Did you do any work ou any of the other avenues ? — A. I did a 
great deal of work on Virginia avenue. 



TESTIMONY OF Ji»B w. A\(;rs. 2295' 

Q. Wiiat kind of work did you do there .' — A. ^Mostly }j;r;idiiij^'; cut- 
tini;- down and tilliiiji' from the navy-yard to Fourth-arul-a-half street 
and Seventh street, along in that section. 

Q. Any otlier avenues '? — A. I did some little jrradin;? on Maryland 
avenue ; not nnich, however. 1 did a considerable on South Carolina 
aN'cnne, where it intersects witli Vir.<;inia avenue. All 1 did was <iradin<»" 
on Vir*;inia and ^Maryland and South Carolina avenues, and cuttin.u and 
tilling-, under IJ. 15. French. 

Q. Did you do any other work on any other a\'euues than those you 
hav<i mentioned ' — A. I believe not, sir, 

(). IIow was this work paid for that was done bj' you ? — A. Tt was 
done by estimates every month or every week. 1 signed the bills as 
correct, and they were paid, by ^Nlajor French's approval, by the clerk 
of his committee. 

Q. They were paid ont of Government money ? — A. Yes, sir. I paved 
the sidewalks on the avenues. That is all thie paving I did. I tlagged 
Ijoth sides of the avenue from the Capitol to Fifteenth street. 

By the Chairman: 

Q. Did you put any foot- ways across the street ? — A. Yes, sir; that is 
all I did — no i)avement, Just crossings. 

Q. Did you do this every year that you were assistant superintendent 
of buildings and grounds ? — A. Xo, sir; not every year. 

Q. How many years ? — A. Whenever they were out of repair I re- 
paired them. The last year I took them all up and put entirely new 
ones down. 

Q. \\'hen did you cease to act as assistant superintendent of iiublic 
buildings and grounds ? — A. The year tliat they abolished the otlice of 
commissioner of })ublic buildings and put Cieneral llumi)hreys, or rather 
General ]Michler in charge. Tlie odice was abandoned. 

Q, What vear was that '! — A. 1 do not know the date. The records 
will tell that. 

Q. Do not you remcuiber when you ceased work in this city ? — A. Xo, 
sir ; I cannot say without looking at my books. It was the second year 
of Andrew Johnson's administration, I think. 

Q. That would be about 1SG7 ' — A. It was somewhere along in 1S07. 

(,). You say that you did this for two years? — A. Five years. 

(,>. You did work every year for five years ? — A. Yes, sir. 

<^^. In pursuance of ai)propriations made by law ? — A. Yes, sir. 

Q. Do you know tin; amount of those a|)propriations ? — A. I do not. 

(^. Do you know whether you cxiicnded them? — A. Yes, sii; they 
were all exi>ended. 

Q. They were all exi)endcd ? — A. Some years there was >!-"),0(>0: 1 think 
the last year there was eigiit or nine, <;r mayl)e ••r'l(>,(HM», but the com- 
missioner's otlice will have that all in ; the reporr, bills, and voucher.^ 
are there. 

Q. Then while you were assistant superintendent of ]»nblic buildings 
and grounds, you spent upon avenues and sidewalks whatever ap[)ro- 
l»riations were nmde by (.'ongress for the purpose ? — A. Ves, sir. 

r>y M\\ C II HIST V : 

(^>. Have you ever been intereste(l in an.\ m. liters connected with the 
improvements of the city since the organization of the present District 
government? — A. No, sir. 

(). Non«' whatcn'cr ? — A. No, sii-. 

(}. You liad no connection with any ofthesi- matters? — A. No, sir. 



'229G AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Stanton : 
Q. Yon have not been residing here for some time? — A. Not for two 
and a half years. 

By Mr. CiiRlSTY : 

Q. Were you here in the latter i)art of 1871 I — A. Yes, sir. 

Q. Did yon have any conversation with John O. Evans, Hal let Kil- 
bonrn, or William S. Huntington, in regard to the formation of a com- 
bination or ring to lay pavements under the board of public works ? — 
A. I had none with Mr. Kilbourn, and not any with Mr. Evans. I had a 
little conversation with William S. Huntington. 

Q. Did you have any with any other person on that subject? — A. No, 
sir ; not in relation to that matter. 

Q. Were you one of the bidders on the 1st of September 1 — A. Yes, 
sir ; before the board of public works came into power. 

Q. I mean on the 1st of September ; that was after they came into 
])0wer, and it was the proposed letting of contracts ? — A. No, sir ; when 
I bid it was under the commission of Micliler, the Secretary of the In- 
terior, and the mayor of Washington. 

Q. Did you meet any other persons beside Mr. Huntington ou the 
subject of this combination ? — A. No, sir. 

Q. You spoke to no one else ? — A. No, sir ; my dealings were all with 
Mr. Huntington. 

Q. Did Mr. Huntington explain to you the existence of a combination 
at that time? — A. Yes, sir. 

The Chairman. You need not state what Mr. Huntington told you. 

Mr. Christy. He says Mr. Huntington did explain to him there was 
a combination. 

The Chairman. I say that he need not say what Mr. Huntington 
said. 

Mr. Christy. Well, I desire to be heard on that subject. 

Mr. Hamilton. It is a subject which has been pretty well ventilated, 
has it not? We cannot take time to go back into it. It seems to me, 
Mr. Christy, you ought to have exhausted the subject while we were 
upon it. 

Mr. Christy. There has been testimony, I take it, offered upon both 
sides, and there has been no very strict adherence to rules. 

Mr. Hamilton. AVe want to wind this examination up some time. 
We do not want to continue it all summer. 

Mr. Christy. I desire to show, if I can, an admission made by Mr. 
Huntington as against his coconspirators. 

The Chairman. We cannot permit that ; you can see that he could 
not bind anybody but himself. 

Mr. Christy, But if we can prove the existence of a conspiracy we 
may prove the acts and declarations of each. 

The Chairman. For myself I only speak now, and I doubt the pro- 
priety of that. 

Mr. Stanton. And Mr. Huntington is dead also. 

Mr. Christy. Well, that is not material, I presume; we will not, how- 
ever, press it. 

By the Chairman, (to witness :) 

Q. Have you any papers, letters, or documents of any kind on that 
subject?— A. From Mr. Huntington? 

Q. Well, from anybody ? — A. 1 had two letters in relation to the 
matter from Mr. Huntington, but I have but one of them now. 

Q. Have you it with you? — A. No, sir; I have not. 



TESTIMONY OF TlIEOliOKE 15. SAMO. 2297 

IJy 31 r. Wilson : 

Q, WIktc is it ? — A. One letttT tli;it I jncsuiiie 1 ^ot from liiiii. I 
tliiuk, is lioiiie iiiiion^' my piijx'is. 1 liave not seen it for the hist year 
or ei^iliteeii months. Tlie other one I had I .navetoa friend of mine eon- 
-c'crned with mc in The bidding. He had also one or two, and I gave liim 
my letter, lie was Mr. Si)icer. 1 ilo not know where he is I heard 
that he was in New York. I have not seen him for two years or better. 

Q. Who weie those i)apers from ? — A. Mr. Huntington. 

Q. Have you any other papers than those to which you refer ! — A. 
Ilsot from that source; not from Mr. Huntington. 

Q. Have you from anybody ? — A. 1 got a letter sent to me a short 
time ago from Chicago in relation to a private matter. 

Q. 1 am not si)eaking about what individuals may have written to 
you recently. 1 am speaking of ])ap(Ms pertaining to the transactions 
to which your attention was called awhile ago? — A. None, whatever, ex- 
cept those two letters. 

Q. That is all you have :'— A. That is all 1 have. 

Q. And you have not either of them here now ! — A. No, sir. 

Q. And onl}' one of them is in your possession ? — A. That is all, sir. 

By Mr, Mattingly : 

(). Do those letters relate to the subject-matter of your bid ? — A. To 
the subject of laying the i)avement, which was done by that committee 
of three. 

Q. Ivclating to the laying of wood pavements on Pennsylvania avenue, 
under that commission, before the board of public works was organized, 
and your conversations ' — A. Yes, sir. 

The CiiAiiniAX. These two letters were written before the organiza- 
tion of the board ? — A. Yes, sir. 

Mr. Stanton. And the conversations also, lie says. 

Theodore B. Samo recalled. 

By Mr. Wilson : 

Q. Do you desire to make any change in your testimony given Ibi- 
merly as to the manner in which \ou made the measurement on which 
the money was i)aid bv the (iovernment ? — A. Not that 1 know of, sir. 

(»). The statement that you Ibrmerly gave to the committee as to the 
mode in which you made these measurements is as you desire it to 
remain ? — A. Y'es, sir ; I think so. 

(^. 1 have not had time to read your statement which you read to the 
committee last Saturday, but if I undeistood it you seeiiie<l to take some 
exceptionsto tliemanner in which you weretreated l)y ^Mr. Blickensderfer, 
and I desiie to ask you the (piestion now whether he did or did not, 
after he had made his measurements, walk over the ground with you 
with the i^apers in haiul and ask you to point out or explain to him how 
you arrived at the (]nantities you had measured against the Govern- 
ment. — A. He did not. with rlie single exceptinii of New Hami)sliire 
avenue. 

(). Did he go over that a\Tiiue with you.' — A. He went o\er the 
northeni )>art of New ilampsliire a\eiiue with me. 

(}. What distance over it did he go.' — A. From I'street circle to the 
boundary, and, I believe, from r-stieet <*ircle to Pennsylvania avenue. 
I do not think we walked the wlntle distance of Peimsyhania axeniie, 
but i)art of the ilistance i>etween I'ennsyhania a\enue and P-street 
circle. 



2298 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Did you explain to biai liow yoa arrived at all the quautities you 
bad put down over that portiou of the avenue? — A. I did. 

Q. You explained that all to him ? — A. Yes, sir. 

Q. Are we to understand from the statement which you make that the 
Government has iu no case been overcharged as stated by Mr. Blick- 
ensderfer ? — A. No ; you are not so to understand. 

Q. What are we to understand in regard to it ? — A. Virginia avenue 
and Xew Hampshire avenue, where the streets cross, there is certainly 
an overcharge ; also in G street. 

Q. Is there any other place where there is an overcharge ? — A. At 
Scott Square. 

Q. Any other place ? — A. Xot that I have examined. 

Q. Those you say were overcharges, and that the Government has been 
overcharged at those places, and you ditfer with Mr. Blickensderfer in 
reference to the balance of it? — A. Yes, sir; that is, those that he has 
referred to in his testimony. 

Q. Can you tell how it happened that before any appropriation was 
made, or any direction was given by Congress to measure this work, 
you were sent out to measure it ? — A. I can. 

Q- What is it 1 — A. I was ordered to measure it by General Babcock. 

Q. That is the only explanation you have to give f — A. No ; the ex- 
planation is this : This appropriation, as I uiulerstand it, of $1,240,000 
was pending in Congress, had passed the House, and I believe had 
passed the Senate with an amendment, and jiending this amendment 
the two Houses adjourned. It was believed that the ap|)ropriation 
would pass, and Governor Shepherd requested General Babcock to 
have the measurements made, so as to be done and read}' as soon as 
the a]ipropriation passed ; therefore I commenced the measurement un- 
der General Babcock's orders the 23d of December, 1872, and completed 
them. I am speaking from memory of these dates now — the 10th of 
January, 1873. 

Q. Ic was for the purpose of having the measurement ready to get the 
money as soon as the appropriation was passed ! — A. Undoubtedly. 

Q. Turn to page 9 of the report of 1873, if you please. When you 
were on the stand before I called your attention, you will perhaps remem- 
ber, to your letter given on page of that report, and which seems to be in 
answer to a letter of General Babcock to you ; was wliat you dul, which 
you refer to in that letter, also in anticipation of and for the purpose of 
procuring an appropriation, or do you know what tl'e purpose was t — A. 
I will tell you what the intention was: Governor Shepherd wrote a let- 
ter to General Babcock to detail an engineer for the purpose of estimat- 
ing the amount of work that had been done since the last appropriation 
had been expended. General Babcock detailed me to do this work. 
This was in November last. 1 commenced making these measurements, 
but found that there was not going to be time to make a proper meas- 
urementin timefor the governor's annual rei)ort. 1 told General Babcock 
so, and suggested to him that we take from the vouchers of the board 
the amount that had been expended on this Government work since the 
last estimates had been made. General Babcock acceded to it with this 
proviso, which I was to state to the governor, that in case Congress should 
make an appropriation on this estimate that he was to send in, that he 
would reserve the right to remeasure the entire work. Acting on that, 
either myself or General Babcock wrote to the governor — I think I wrote 
a letter and General Babcock signed it — to furnish us with certified copies 
of the vouchers in the office of the boai'd of jiublic works pertaining to 
this work, showing the amount expended. These vouchers were fur- 



TKSTLMONY OF TIUOODKOE 15. SAMO. 2299 

uisbed to iiie — tbo identical vouchors presented here Satunhiy — and on 
them and other vouchers 1 based this estimate, together with the lew 
measurements I had made in the month of November. 

Q. Now, you say in this letter of yours that "the estimates of work 
done by the board of pul)bc works are based ])artly upon actual measure- 
ments and i)artly on estimates made by the engineers of the board. 
Copies of the latter, showing tiie various items of the work in detail 
certilied to by the chief engineer of the board, with the amount ai)[)ro- 
priated by Congress <le(lucted, are herewith submitted.'" AVhat actual 
measurements did you make ? — A. Work around IJawlins Stpiare. 

Q. That had hmg before been estimated u[K)n .' — A. It enters into 
this statement. 

Q. For what reason ? — A. Because there was a deducrion made — a 
correction made. 

(). AVhat other work did you actually measure '. — A. I would have to 
bring my book. 1 had that book here Saturday and took it back, and 
forgot to bring it this morning. If you wish it I will deliver it to you. 
1 would not like to say from memory the particular streets that I meas- 
ured. 

<^). I notice in all this api)endi.\: none of your actual measurements are 
submitted in this letter. In fact you stated in that letter that copies of 
the estimates made by the engiueeis of the board are submitted, but 
your own measurements are not submitted. — A. No, sir: that was sim- 
ply luy tield-book of the measurements. They were very few, and I did 
not send it to General Ijabcock. lie umlerstood it, however, thoroughly. 
Practically these estiuuites are based upon estimates of the board of 
engineers. 

Q. Von do not pretend, if I understand you, to say that these estimates 
that are made by the board of engineers are correct estimates ' You do 
not intend by your letter there to verify those measurements ' — A. No, 
sir; neither do I intend to say they are not correct. 

Q. No, of course not. In other Mords you do not commit yourself one 
way or the other in regard to it ' — A. Just so ; and that was the way 
I explained it to General Babcock, an«l he so umlerstood it. 

(^>. In other words, when these tables that are presented here in con- 
nection with your letter come iiere to this committee, they do not come 
here with any indorsement of yours as to their being correct or incor- 
rect ". — A. Practically not, 

(^. You sim[)ly hand them here to the committee as they were handed 
to you, and you have ap[)lied no test to determine whether they arec(U'- 
rect or incorrect ' — A. No test of actual measurenuMit with the exception 
of these few streets that I di<l actually measure. 

C^. Are they embraced in this table'.' — A. No, they are not euibraced 
in detail there. 

Q. Y'ou do not submit them w itii your letter .' — A. No, sir. 

(^>. And it was l)ecause. ;^ou had made no measurmuMits yourself 
that you lecommended that after api»roi)iiations had been made, if 
any were made, the work should be reineasured before there w;is any 
[)ayment made en' any tliial settlement .' — A. I'artly for that reason, l)ut 
I)rincipally because I ha<l never made a liual measurement for any of 
this work', except IJawlins S(piare. I wanted an opp(Mtuuity to remeas- 
ure all the work that I have ever measured hcie bet'ore mailing any 
additional i)ayments. 

(}, Who furnished you with these tables, ^^c, tliat are sul)mitted with 
your letter .' — A. TJMjse that I sul»mitted tt> General llabi-ock. do you 
mean .' 



2300 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Yes. — A. Mjmemory of that is that I went t^ the board of engineer's 
office, to Mr. Clnss. Mr. Cluss Avas examining- tliese vouchers and sign- 
ing them. When he got through he transmitted them with a letter to 
the vice-president of tlie board — I am speaking entirely from memoiy 
on that point — and the vice-president of the board gave them to me. 

Q. Thai is all that you know in regard to them, is it?— A. Practically, 
that is all. 

Q. Now, if you will turn to ]»age 20 of that re])ort yon will see 
there an account aggregating $r)73,171.7.j ; that is for work done at va- 
rious places. 1)0 you know whether that is correct or not? — A. I believe 
it is a correct transcript. I have not really compared this with the 
manuscript. 

Q. But do you know anything about whether the work has really 
been done which amounts to that amount of money; whether those 
things are correct or not ?— A. Not from actual measurement; uo, sir. 
I know that all this work has been done around the Capitol here since 
my last measurement, but I could not certifv, of course, as to the ex- 
act amount. For instance, it mentions $283,000 for the work around 
the Capitol. That I have not remeasured yet. 

Q. Then I find a cumber of tables here of the areas of Government 
reservations, streets, avenues, values, &c., that seem to have been pre- 
pared by Mr. Forsyth, surveyor of the District of Columbia. Do you 
know anything about the correctness of that ?— A. No, sir. 

Q. You have never tested that in any way to know whether it is ac- 
•curate !— A. No, sir; that is not a table of mine. 

Q. I understand none of these are tables of yours?— A. I think this 
estimate is copied from what I sent to General Babcock. I presume 
that is a copy of it. I have never compared it, however. 

Q. Now, here, on page 32 there is a tabular statement which purports 
to show that there is $1,050,574.30 due from the United States Govern- 
ment. From whom did you get that table, if you got it at all ?— A. I 
got it from the board engineers, I believe. 

Q. Do you recollect who gave you that table ?— A. I could not say 
which one of them did now, positively. 

Q. Was ic made up by Mr. Oertly, do you think ?— A. Mr, Oertly 
Iiad something to do with it, I believe. I think this was one of the 
papers that accompanied those vouchers. 

Q. Do you know how he made it up — the manner in which it was 
done? — A. I cannot remember now. 

Q. Did you make any measurement of date of March 26th, 1873? 
You will find in that table a measurement of March 26, 1873.— A. Y^es, 
sir. 

Q. Did you make a measurement of that date? — A. I cannot say as 
to the date precisely ; I would have to refer to my memorandum. 

Q. I have never l3een able to find any such one, and if you have one 
I would like to see it. I spoke to the governor about that sometime 
ago. — A. I see, following it out, it is Pennsylvania avenue. Yes, sir, I 
made that measurement. 

Q. When was that made ? — A. I think this date is correct ; the esti- 
mate does not appear in the Governor's Answer, does it? 

Mr. Wilson. No, sir ; I cannot find it. 

The Witness. Well, it was left out either by the Treasury Depart- 
ment or by the Public Printer; the measurement and estimate were 
made of the amount of work done on Pennsylvania avenue, from the 
■Capitol to the Treasurv — made by me, and I believe was paid for by 
the United States. 



TESTIMONY OF THEODORE JJ. SAMO. 2301 

Q. It lias been paid for by the United States? — A. Yes, sir. 

Mr. AYiLSON. 1 have never been able to tind that nieasnre'iient, and I 
wonld Hke to have it bron<;ht before the eoinniittee. 

The Witness. The estimate has no donbt been left ont accidentally 
from the estimates, because there was another left ont which I had to 
go to th(^ Treasury J)epartment myself and ha\e supjilied, and if 1 had 
noticed this was left out I would have had it supi)lie(l. 

Q. You will tind further down that that ai)pli('s also to Lauisiaini and 
Indiana avenues '. — A. They are all in one estimate. 

(}. They are all in one estimate, and all have been paid for .' — A. I 
believe they have. I will furnish you a copy if you want it. 

Q. I do not know how it happened, but at the outset of the examina- 
tion I asked the Treasury Department, and that I did not get. — A. 
^Yell, it took me sometime to get the one 1 tried to get from the 
Treasuiy. 

(}. Kow, here is a measurement, March ]4, 1873, likewise ap]>licable- 
to Pennsylvania avenue. Can you tell me where that can be found i 
There seems to be two measurements of March 14, 1873. — A. 1 cannot 
explain that now from memory. 

(). ^Vhat do you know in regard to this additional work that is in the 
next column of that table ! — A. That was from the statement prepared 
by Messrs. Forsyth and Oertly. 

Q. Do you know what that has reference to; what that additional 
work means; when it was ])erlbrmed ' — A. It means work performed 
since I made the measurements on which the Government paid. 

Q. That is what that refers to ?— A. 1 think so. 

Q. Are you aware of the fact, or have you ever noticed whether in 
the tirst column and the second column work done by the District prior 
to tlie board, a measureuient March 14, 1873, embraced the same thing •? — 
A. ifo, sir. I do not belicA e I ever looked at those tables before — that 
is, in print. 

Q. J)id you examine it and scrutinize it when you sent it to General 
Babcock with a view to ascertaining its accuracy ? — A. It' this is the 
table, 1 certainly did, with the excei)tion of this old work done by the 
corporation which was compiled from old \ouchers: that 1 did not ex- 
amine or pay any attention to. I took that statement Just as it was 
made out and given. 

Q. IS'ow take the Governor's Answer and look at page 411 ; did ^oa 
make the measurement on which that voucher is predicated ; that 
is the voucher drawing $1,0U0,()U0 api)ropriation ? — A. Y'es, sir. 

Q. Y'ou made those measurements. Now do you remember whether 
in making those measurements yon embraced in them the work that 
had been done by the old cori)oration, or whether you simply embraced 
the work done by the board of jtublic works '. — A. Intentionally I have- 
never embraced any work dcuie by the old corporation. 

(}. AVho was with you at the time you made that measurement '. — A. 
Mr. Forsyth and Mr. Oertly, J beli«'ve. 

Q. In what way did you make that measurcMuent .' — A. By going into 
the street. 

(^. ^Yhat kind of data had you with which to make it ? Did you ha\e 
any cross-sections ! — A. No, sir; I have ne\er had any cross sections of 
any street. 

Q. How were you enalded, then, to get at the (juanlity ' Foi' instance, 
you will tind 0,'J3S cubic yards of grading. J low weie you enabled to 
get at the (juantity on Louisiaini avenue, tor example f 1 oidy give you 
that as a specimen. Also, 0,238 cubic yards of liaul an<l (1,319 cubic 



2302 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

yards of .grading, and G,310 cubic yards of haid. How did you get at 
those quantities without any cross-sections, or anything of that kind, 
by which to guide you ? — A. I had to rely on such information as I 
could get in that case, the work as it shows on the ground, and the 
vouchers that they had paid contractors for a similar amount. 

Q. Which did you place the most reliance upon ; the voucher that they 
had paid contractors, or the indications that you would find upon the 
ground f — A. Well, in this particular instance, I placed more reliance on 
the A'ouchers, because it was impossible to measure the grading accu- 
rately. 

Q. it was iuipossible for you to get at it accurately ? — A. Yes, sir. , 

Q. Did Mr. Forsyth and Mr. Oertly, or eitlier of them, call your atten- 
tion to the fact that that embraced the old work, the work that had 
been done by the old corporation ! — A. jSTo, sir. 

Q. You were in ignorance of that fact ? — A. Yes, sir. 

Q. You knew nothing about it ? — A. Nothing. 

Q. Now, if you will take that table on page 32, report of 1873. I desire 
to call your attention to it, because there is a matter in connection with 
this now, that when the governor was on the stand he said he was un- 
able to explain, and if there is anj^ way of explaining it, I desire to get 
-at the truth in regard to it. You may now take, for example, New Jer- 
sey avenue. Now look at that table, page 413 of the Governor's Answer, 
and you will find it is charged up there $38,22G : and it is the same in 
the table-measurement of March 14, 1873. Take Louisiana avenue. 
Y'ou will find it is charged up there 814,290.73; that corresponds. We 
have looked through the whole of that, and they are substantially the 
same all the way through. If you will look through the whole you will 
find that the measurement of March 14, 1873, corresponds with this 
voucher which you find on page 411 of the Governor's Answer. I under- 
stand you to say that you do not know anything about this embracing 
work done by the old corporation ? — A. Not when I measured it, I did 
not. I have heard since that, where I measured, grading all over the 
grouiul, I have embraced whatever has been done. 

(}. Either by the old corporation or by the government? — A. Yes, sir. 

Q. Has it been so explained to you by Messrs. Oertly and Forsyth, 
that those measurements embraced the old work f — A. Eecently. 

Q. They have recently explained that to you in some cases! — A. 
Yes, sir. 

Q. So that this tabular statement presented with your answer, if that 
is true, ought not to contain this first column, ought it ? — A. Understand 
me. The old work is simply where it is grading ; it is only grading. 

Q. But you see you have it in the second column. The paving, as a 
matter of course, was not old work, because this paving and putting 
them down has been done by the board ; but the grading — take, for ex- 
ample, Louisiana avenue ; there is that large amount of grading on that 
avenue, and that embraces the old grading, the grading done by the 
old corporation, that is embraced in the second columA of this table? — 
A. Yes, sir. I 

Q. Very well; then it ought not to be in that column, ought it! — A. 
The amount that has been measured of old grading should undoubtedly 
be deducted from the first column. 

Q. Then, to that extent at least, this table is inaccurate, is it not? — 
A. To the amount of the old grading estimated. 

Q. Whatever that may be ? — A. Y'es, sir; to make this first column 
correct, it should be deducted. 



TESTIMONY OF THEODOKK 1$. SAMO. 23015 

Q. AVbat tliat is I presume you are unable to state to the committee ? — 
A. I am unable to state. 

Q. You say in this letter that the work done by the old corporation 
is copied entirely from the records of the board ? — A.. Certaiidy. 

Q. Who copied that for you ? — A. It was prei)ared by Messrs. Foi- 
syth and Oertly and his clerks. I don't know who actually coi)ie<l it. 

Q. That was done under the supervision of those two geutlemeu? — 
A. I think it was, ])ractically. 

(}. You know nothino; about it. exce[>tini;' that it wascoi)ied from their 
records ? — A. a!^othins,' whatever. 

Q. Did yon see them copy it from the records, or did you simiily have 
their statement to that effect ? — A. I did not see them copy it. 

Q. You relied upon thein, and took it for granted that you could rely 
upon them, and acted accordingly? — A. Yes, sir. 

Q. You say in this letter, "The estimates made under your direction 
during the past year amount to over three and three-quarter millions 
of dollars, and Imve been made generally while the works Avere in 
progress and unfinished.*' What estimates are those which you refer to 
asmadeduring the i)ast year? Do you mean the 81,240,000, the 8013,000, 
ami the 81,000,000 ! — A. Ves; and one or two smaller ones — all 1 nnide. 

Q. Now you say the resiUt of the ])resent estimates shows that the 
previous estimates are largely umU'r the a<;tnal amount done ! — A. 
Yes, sir. 

Q. 1 suppose you mean by that, it shows that, according to the state- 
ments made by Forsyth and Oertly to you, and not from any knowledge 
that you had? — A. i!so, sir. 

Q. You do not pretend to have any knowledge from any actual work 
that you have done or insi)ection that you have made that that is cor- 
rect : but you make that statement upon the faith of the statements of 
Messrs. Oertly and Forsytii, made to you ? — A. Exactly. 

Q. You do not know the actual amount that had be(Mi done excejit as 
they informed you ? — A. I could not know that positively witliout re- 
measurement. 

By the Chair ]VIAN : 

Q. You say that you went with Mr. Blickens.lerfer over Xew Ilamp- 
shire avenue ? — A. Over a part of it. 

0- Did you have with you at that time the residts of Mr. Blickeus- 
derfeFs measurement or computations I — A. I did not. 

Q. Had he '. — A. 1 believe .Air. Ijlickeusderfer had; 1 will not be i)Os- 
itive. 

Q. There were discrepancies between your measurements and his, 
were there not ? — A. Yes, sir. 

(}. Did he ask you to make exjjlanation with a view to reconciling 
your measurement and his? — A. At one i)oint between I'-street circle 
and the Boundaiy I had made a mistake in putting down the names of 
two streets. 1 i)ut it down K and S, when it should have been Q and 
li, I believe, and had a mistake theie. 

Q. State all the exi»Iaiiations you made to Mr. Ulickensderfer at that 
time in relation to New JIampshire avenue, as you renu*mber them. — A. 
J told Mr. lilickensderfer generally how 1 have arrived at the results, 
and it was at Mr. JJIickensderfer's room at the ]"]l)bitt House when he 
told me that he (;onld not make this amount of grading between 1'- 
street circle and the IJonndary. He showed me his detailed statement of 
that ]>art of New Hampshire axcnuc; and between these two streets 
he said he could wot tind that cxcaN ation. I told him ! was ])ositive it 



2304 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

was there. I asked biiu to go out with me there. He went out, and I 
found that I was wrong, and he was right at that point — that I had put 
down the names of the streets wrong. 

Q. You asked him to accompany you to New Hampshire avenue ? — 
A. I did, and he went. 

Q. At Mr. Blickensderfer's room at the Ebbitt House, did you not go 
over all the measurements made by him? — A. All what ? 

Q. All the different computations in relation to Government work ! — 
A. 1 went over no measurements w ith Mr. Blickensderfer whatever, ex- 
cept Virginia avenue and New Hampshire avenue and G street. 

Q. Did he not show you all the work that he had done ! — A. No, sir. 

Q. He did not show you Maryland avenue ? — A. No, sir; he told me 
how he had arrived at the results on Maryland avenue. 

Q. What did you sny to that ? — A. I do not remember. I think I told 
him how 1 had measured ; that I took the street as I found it, and that 
my measurements would include all work that had ever been done on 
that avenue. 

Q. Old and new ? — A. Old and new. 

Q. Then he told you about JMaryland avenue as well as the other 
avenues ? — A. Yes, sir ; he told me that there was a difference there 
between him and me. 

Q. And you told him that you had included old as well as new 
work ? — A. Yes, sir. 

Q. You see the point that I desire to get at by this question ; it is 
simply this : Did Mr. Blickensderfer in any manner seek to withhold 
from you the result's of his operations here ? — A. He did not. 

Q. Did not he evince a disposition to give to you, fully and thoroughly, 
the results of all his measurements ? — A. Only on those avenues that 1 
have mentioned. 

Q. Did he make any measurements around Government reservations, 
or on avenues, about which he did not communicate with you at allf — 
A. I did not see Mr. Blickensderfer make any measurements. 

Q. I understand that ; but, after he had made these measurements, and 
you called upon him or he upon you, did he not talk over generally with 
you all the measurements that he had made? If he did not, what were 
omitted f — A. Mr. Blickensderfer told me that he was going to make a 
tabular statement, (this was previous to my last interview with him,) 
saying how he was going to put it down. In one column he would put 
my measurements, and iu another column his measurements ; but I have 
never seen these tabular statements, until I saw them iu print ; neither 
have I seen any of his calculations in regard to any work whatever ex- 
€ept those avenues. 

Q. Including Maryland avenue ? — A. I do not think I saw the calcula- 
tion for Maryland avenue. 

Q. Well, he told you generally that he differed with you, and he 
stated the amount of the difference ? — A. Yes, sir ; it was not probably 
necessary for me to see that. 

Q. Your explanation was that he had included work which you did 
not include, was it not "i — A. No ; my ex[)lanation was that I had in- 
cluded all the old work, and he told me that his cross-sections would 
not include old work, but that the cross-sections indicated that there 
had been old work done in the avenues ; and I think he said if that was 
included it would probably come somewhere in the neighborhood of the 
quantity I made. 

Q. In other words, your mutual explanations were such as in your 



TESTIMONY OF THEODORE B. SAMO. 2305 

judgment made it nnuecessary for you and be together to go over Mary- 
land avenue f — A. Yes, sir. 

Q. lie evinced a tlesire to furnish you fully all the information he had, 
did he not ? — A. On those avenues i 

Q. With reference to the Government work generally, with reference 
to the work which yon yourself had measured ? — A. Xo, sir. 

Q. AVhat omission did he make? — A. I certainly expected, when I 
made my tinal call on ]\ir. lilickensderfer, which was at General Babcock's 
request, that he would invite me to see the results and calculations on 
those reservations — P-street circle, Hcott Square, and llawlins Square. 

Q. Which he did not show yon t — A. lie did not offer to show me. 

Q. Did you ask hiui for them ? — A. I did not. 

Q. Then you did not call for them I — A. No, sir. 

Q. Did you not call on ]Mr. lilickensderfer at (General Babcock's re- 
quest i? — A. I did. 

Q. He having previously communicated with General Babcock? — A. 
Yes, sir. 

Q. I nnderstood you to say awhile ago that you desired to make final 
measurements of all this work except iiawlius S(]uare? — A. 1 certainly 
did. 

Q. Do you mean byjliat to say that all these other measurements 
were partial measurements only ? — A. A greater part of the measure- 
ments that I have made in the last two years have been made while the 
work was in })rogress. 

Q. Upon which these vouchers were based ? — .V. Yes, sir. 

Q. Then those measurements of yonrs, or estimates, were upon un- 
completed work ; do you mean to say that ? — A. In many instances. 

Q. In every instance except Kawlins Square ? — A. No, sir ; O, no. 

Q. Then, where you had made final measurements would it be neces- 
sary to make further final measurements, did you thiidi ? — A. I have 
not made final measurements. For illustration, take one street, B street. 
I would measure the pavement at one time, as far as it was done ; 
then I would go at the next measurement and measure what was done 
afterward, and so on, as long as there was any work there. 

Q. But is it or was it your purpose to go over work that you had pre- 
viously measured .' — A. Every bit of it. 

By Mr. Mattingly : 

Q. State whether you have made a written recommendation to that 
effect. — A. I have. 

Q. It is in the report of 1873, is it not ? — A. Yes, sir. 

Mr. Wilson. I have put that already into the record. 

The Chairman. That is what 1 am asking about now. 

Mr. Mattingly. Yes. 

The Chairman. That must have been done while I was out. 

Mr. Mattingly, (to the witness.) Show it to I\Ir. Allison. 

Q. I understand, of course, that the work that has not yet been paid 
for you were to make measurement of; but there have been payments 
made from year to year. Now I understood you awhile ago to say that 
it was your intention to go over that entire work, except Ilawlins 
Square,'and remeasure it '? — A. Tluit is my intention and wish, if I ever 
have an opportunity. 

Q. You say you want to make those measurements, ^^'lly ? — A. Be- 
cause I know some errors have occurred, ami I knew that before this 
investigation commenced. I wanted an op[)ortunity to remeasure all the 
work and correct any errors tliat had been made. xVny engineer would 

145 D c T 



2306 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

want opportunity to do that after measuring over three million dollars 
of work without makiug final measurements. 

Q. Then you mean us to understand that you had made no final meas- 
urements as yet of any work except at Eawlins Square ' — A. Yes, sir. 

By Mr. Mattingly : 
Q. I would like to ask you one question in this conn ection. You state 
here in the report of 1873, at page 10 — 

Office of Washington Aqueduct, 

Wasliivgton, D. C, A'oveinber 28, 1873. 

* » # # # # « 

The estimates of work done by the board of public works are based partly on actual 
measurements, and partly on estimates rn^ade by the enfrineers of the board. Copies of 
the latter, showing the various items of the works in detail, certified to by the chief en- 
gineer of the board, with the amounts heretofore appropriated by Congress deducted, 
are herewith submitted. 

The estimate of the amount of work done by the corporation of "Washington for the 
improvement of avenues is copied entirely from the records of the board. 

The estimates made under your direction during the past year amount to over three 
and three-quarter millions of dollars, and they have been made generally while the 
several works were in progress and unfinished. 

The result of the present estimate shows that the previous estimates are largely 
under the actual amount done; and as many of the improvements are now either fin- 
ished or gradually approaching completion, I respectfully recommend, in the event of 
Congress makiug additional appropriations for the board, that the entire work be re- 
ineasured after such appropriations are made, and before a final settlement. 
Very respectfully, your obedient servant, 

THEODORE B. SAMO, 
Assistant E)igineer, Washin(jton Aqi(educt. 
General 0. E. Babcock, 

Colonel of Eiighicers, U. S. J., 

Chief Engineer of the Washington Aqueduct. 

Did you have reference there by "entire work" to mean that which 
you had already previously measured ? — A. I did, sir ; and mean what- 
ever entire means in the whole acceptation of the term. 

By Mr. Wilson : 

Q. You were aware, were you, that the board was seeking to get 
appropriations from the present Congress for work that they had been 
doing since you made your last measurements? — A. Yes, sir. 

Q. You were aware of that. — A. I was. 

Q. Why did you not proceed to make accurate measurements of the 
work that they bad done, to the end that Congress might know what it 
would be proper to appropriate '? — A. I think 1 answered that question, 
Mr. Wilson, but I will state it again. It was in November when Gover- 
nor Shepherd requested General Babcock to detail his assistant engi- 
neer to measure up the work that had been done, and I commenced to 
do that with the intention of remeasuring all of the work. I found that 
there was not going to be time by several months. I told General Bab- 
cock it would be impossible for me to do it, and advised him to let me 
get a copy of the work that had been done by tbe board since the 
final mea.surement, and put it into these estimates. lie said, " I will do so 
with the understanding that, in the event of Congress making another 
appropriation, I shall have the right to remeasure the entire work." 
That is as near as I can remember the conversation. 

Q. But how was Congress to make an appropriation of this money to 
pay for this work, without knowing what the work would cost ? — A. 
They had A^ouchers of the board. 

Q. Exactly, but were you, as a Government officer, willing to have 
Congress make appropriations to pay for this work upon mere state- 



TESTIMONY OF THEODORE B. SAMO. 2307 

inents of the engineer ot the board as to wbat it would cost .' — A. Cer- 
tainly. 

Q. And take their statement as to the amonnt ot" work and the cost 
of the work ! — A. Certainly, with this proviso, that we should have the 
privileire of nieasurin,i»- it. 

Q. Do you know of any authority anywhere for General Babcock or 
yourself to make a measurement for the board of public works, with the 
view of procuring from Congress an appropriation ? — A. I do not know 
of any authority. 

Q. Do you know of any authority that you had to make any meas- 
urement of this wcrk, which was measured last summer, or to take any 
action whatever with reference to it? If there is any anywhere, I would 
like to know where it is. — A. My authority was General Babcock. 

Q. Do you know whether he had any or not ? — A. I do not. 

By Mr. Stanton : 
Q. Do you know of any law that it would violate ? — A. I do not. 
Mr. Wilson. I am not talking about laws that it would violate. 
Mr. Stanton. I asked the question, sir. 

By Mr. Christy : 

Q. You said in your testimony as follows, page 2292 : 

Mr. Blickensderfer told me tliat he would, before submitting the results of his meas- 
urenieuts and calculations to the coniinittee, let nio see them. I called upon him a 
number of times ; the last time I told him I had called at the request of General Bab- 
cock ; it was the same day that the general called. 

Q. Are we to understand you as intimatingor suggesting, by your testi- 
mony, that 1 have read, that ]\Ir. Blickensderfer did withhold information 
from you that you asked specifically or generally for? — A. 2sot exactly 
that. I had called a number of times on Mr. Blickensderfer, and had not 
seen the results that he had arrived at, or his calculations, and theu I 
called the last time at G(Mieral Babcock's request, and I think immedi- 
ately after — certainly within a very few days — his testimony was in 
l)rint. 

Q. The question that I intend to ask is this : Whether you requested 
of Mr. Blickensderfer to submit any matter of calculation to you which 
he declined to submit! — A. iso, 1 certainly should not make "such a re- 
quest of ]\Ir. Blickensderfer. 

Q. You therefore made no request which was denied by ^fr. Blickens- 
derfer ? — A. Not in regard to your partif'ular (piestion. I did not. 

(^. Did you, in regard to any other mattei', make a request that he de- 
clined to grant ' — A. I asked ^Ir. Blickensderfer, at the beginning of 
this measurement, that before submitting his results, if he would show 
them to irie, and he tiien told me that he would. 

Q. That is in another jtart of your testimony ; but after that time you 
made no re(pu\st of ^Ir. Blickensderfer in any of these calls that you 
made upon him, that he refu.sed to grant ? — A. No, sir ; I did not. 

Q. Ilow often have you stated the answer that yon have Just given 
to me or to the committee, that Mr. Blickensderfer did not comply with 
your request ' Have you been asked that question a half a dozen times, 
colonel ? — A. I do not think I have. 

Q. You say, also, to-day, in your testimony, that the reason why j-ou 
desired to make remeasurements was, that certain mistakes came to your 
knowledge. Would you be kind enough to indicate to us the mistakes 
to whicli you refer, the mistakes which came to your kiu)wledge before 
the beginning of the investigation? — A. There was but (Uie — that was 
llawlins S(iuare, which I fortunately had the pleasure of correcting. 



2308 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. And that is the reason why you desired to take those precautious 
that you have indicated ? — A. 1 did. I supposed this : that if I had 
made a mistake in one piece, I might possibly have made some others. 

By Mr. Stanton : 

Q. How long before the examination of Mr. Blickensderfer did this 
interview occur at the Ebbitt House, when you called upon him at the 
instance of General Babcock ! — A. I could not fix the date except by 
the fact that it was the same day that General Babcock called — within 
the same hour, I think. 

Q. It was within a day or two, was it not, of his first examination be- 
fore the committee? — A. A very short time after I saw the whole thing 
in print ; and I certainly thought that 1 should have seen the calcula- 
tions and results generally before they were given to the committee. 

Q. No^^, if these measurements, concerning which you took the esti- 
mates of the engiueer-offlcers of the board, had related to the actual 
disbursement of money, would you have remeasured the work your- 
self! 

The AViTNESS. Which remeasurements do you mean ? 

Mr. Stanton. The measurements which were made as the basis of 
the application to Congress for an ai^propriation at this session f — A. 
Most undoubtedly. 

Q. As they did not concern the disbursement of money, and as too 
short a time intervened, you were compelled to defer the making of re- 
measurements ? — A. 1 considered them sufhciently near for jnactical 
l)urposes to base an appropriation on. 

Q. But you would have made a more careful remeasurement if it had 
covered the actual disbursement of money? — A. I would have remeas- 
ured everything I was asking an appropriation for, if 1 had to disburse 
it. 

Q. There seems to be some difference in the extent of the territory 
measured by yourself and Mr. Blickensderfer in relation to the inter- 
section of streets. Will you please explain fully what that is ? — A. I 
measured c'^ei.ything within the building-lines, and so stated to Mr. 
Blickensderfer, when his assistant commenced making the measurement 
at the P-street circle. I understood from Mr. Blickensderfer's testi- 
mony that he 

Q. And at intersections the building-line is extended? — A. Yes, sir. 

Q. And not the curb-line ? — A. The building-line. 

Q. That is extended ? — A. Yes, sir. 

Q. If one-half of that intersection is made the basis of a charge against 
the Government is there any reason why the other half should not be ? — 
A. Not that 1 know of; it certainly would not cover the ground that I 
measured. 

Q. You considered that when you were including that tract between 
the building-lines you were making the proper measurement ? — A. Cer- 
tainly. 

By My. Wilson : 

Q. Mr. Blickensderfer measured it both ways, I believe — the same 
way you did, and then his way ? — A. He does not include, in all cases, 
the work that I measured; one item, at Kawlius Square, at the inter- 
section of Eighteenth, E, and New York avenue, 97 yards of wood pave- 
ment, does not appear in his measurements. 

Q. But I am speaking about this mode of measuring intersections. 
He has measured it both ways ; first your way and then his way ? — A. 
I do not know Avhether he has measured both ways. If he measured 



TESTIMONY OF J. BLICKEXSDERFER, JR. 2309 

my way he would iuclude, of course, the other way, and it woukl be 
then simply a matter of deduction. 

Q. Exactly. Has not he dotie that in every ca.se, so as to present 
both his and your mode '? — A. llis assistant, Mr. Elmore, included this 
wood pavement at Kawlins Square. 

Q. I am not talking about that; 1 am talking about intersections. — 
A. This is an intersection. 

Mr. Mattingly. Just explain it. .Mr. Blickensderfer omitted any 
wood pavement. 

The Witness. It is witliin tlie lines of Rawlins Square. 

By Mr. ^VILSON : 
Q. I think his statement explains itself in regard to that. We will go 
away from that now to some other intersection. Is it not the fact that 
he has measured both your way and covering the same territory that 
you covered, and tlien measured it in addition to that in the manner in 
which he thinks it ought to be measured ? — A. With the single excep- 
tion of P- street circle and that I mentioned at Rawlins Square, I 
think he went over the same ground. On P-street circle the map that 
he had did not show the building-lines as I had measured it on the 
ground. On the contrary, the building-line of P-street circle, in some 
instances, ran outside of the curb line into the street; but I do not 
know but what 3Ir. BHckensderfer corrected that himself on the ground. 
I think he did, to a certain extent. I think he stated, however, that he 
did not measure the entire curb-line to where I had measured it. 

By Mr. Stanton : 

Q. On the last table T think that Mr. BHckensderfer does not make 
that deduction. The corrected tables submitted by him on pages 2000 
and 2001, it seems to me he did not. When he tirst testitied he certainly 
did make that allowance and exi)lained it, but I think afterward, in the 
revised result submitted at his secoiul examination, it was not given. I 
may be mistaken, but I think not. 

Mr. Blickknsuerfek. There are no revised results witli the single 
exception of Kawlins Square. 

]Mr. Stanton, (to 'Sh\ Samo :) Q. At Rawlins Square I find you have 
measured for 97 yards wood pavement, and that Blickensderfer has 
measured for none. Is tliat wood pavement tliere ? — A. Yes, sir. 

Q. Within the building-line ' — A. Yes, sir. 

By Mr. Stewart: 

(}. On what point were you invited by .^Ir. Blickensderfer to go with 
him ': W'liere did you go with him, and where did you not ? — A. I went 
with Mr. Blickensderfer to P-street circle and Scott Square; reservation 
at New Ilamjjshire avenue and O street ; at Rawlins Square, and to 
no other work. 

(}. J)id you go witli him to those places on his invitation ? — A. Yes, 
sir. 

(^>. Did you laiow when he madf the other surveys ? — A. I did not. 

J. Blickensderfer, Jr., recalled. 

By Mr. Wilson : 

(Question. You heard the statement made by Colonel Samo in regard 

to the manner in wliich you measured P-stniet circle. State whether or 

not you did make tlie allowanees to wlii(;h he has refeired, — Answer. I 

heartl the statement of Colonel Samo; 1 am not quite certain that 1 under- 



2310 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

stood him ; but the fact in regard to P-street circle is this : that on 
the adjoining property the building-lines of a portion of it occupy one 
position ; but at certain other portions, between other streets, they oc- 
cupy another position more remote from the circle ; and if Colonel Samo 
meant that I probably only measured to the nearest building-line, 
whereas he went to where the building-line actually was in all cases, 
lie is mistaken, for I did the same thing. I moved back when the 
building-line moved back. My measurements moved along with it and 
included the whole of it, and the difference which it will be remem- 
bered I stated in my examination in the first instance — the only differ- 
ence that I recollect of that I made with Colonel Samo in that resi)ect — 
was this, that in measuring the curbing I only measured to tiie building- 
line in each case, wherever it was, whereas he, as I understood him to 
say, had measured back to the end of a certain granite curb that was 
laid, which, in some cases, went be^^oud the building line. 

Q. "When you testified in regard to P-street circle you stated, I believe, 
that you found more sewer there than had been measured by Colonel 
Samo. Am I correct about the place ? — A. 1 do not i ecollect what I 
stated on the subject, but I think my tabular statement shows more 
sewer there than he did, if I recollect aright. 

Q. Did you measure all the sewer that was there at the time you 
made the measurement ? — A. All that I could find. 

Q. Have you made any investigation since that time for the purpose 
of knowing- whether any j)ortion of that sewer had been put down since 
Colonel Samo made his measurement I — A. I have made no additional 
investigation upon the subject. I stated in my examination at that 
time that my recollection or impression was that I had asked the engi- 
neers in reference to that matter, and that they had stated to me that 
there had been additional sewerage laid. Mr. Mattingly thought that 
I was mistaken upon that subject. I stated that I was not sure in re- 
gard to it, for it was only an impression. I think I have heard that 
repeated since, but I cannot tell by whom — that there had been addi- 
tional sewer made or put down since. 

Q. I have seen it stated in the testimony here, and you probably got 
it from that; but you measured all the sewer that was there at the time 
you measured f — A. All that 1 could find. 

Q. So that if there was additional sewer put down since he made his 
measurement, that would account for the excess of yours over his'? — A. 
I suppose so. I Avill state further that I had as a guide to my measure- 
ments a map which was furnished to me by the engineers of the board 
of public works, which I had requested that they should furnish, show- 
ing the position of the sewers in that vicinity. 

Q. One further question. What steps did you take for the purpose 
of reconciling your statements or your measurements with Colonel 
Samo's; what did you do; with whom did you confer? — A. I conferred 
first with Colonel Samo. I may say this, that during the progress of 
making my measurements, and up to the time or the day on which I 
saw General Babcock, Colonel Samo and I were in the habit of con- 
stantly or frequently communicating with each other. He frequently 
called upon me at the hotel, and I once went over to his office. 1 did 
not find him there, but left a note, and he came promptly to see me, 
and in the course of this interview — I am not able to say positively all 
that passed, but my distinct recollection is that when I arrived at re- 
sults, I requested him to give me his method of getting at these same 
results for the purpose of comparison, stating that my results were not 
as his were, and my impression is that before I communicated with 



TESTIMONY OF J. BLICKENSDERFER, JR. 2311 

Genoral Babcock, alt'limigli I cannot say wlien, that I liad communi- 
cated to liim every result that 1 had arrived at, or certainly every one 
that he asked for. Then after I had made u}) my conclusions in regard 
to the first examination I sought an interview with General Babcock. 
I wrote him a note tirst, requesting an interview. He being out of the 
city, did not receive that note, but as I heard nothing from him I called 
upon him on I\Ionday morning the 10th of ^lay. lie said that he had 
just returned to the city, and liad opened my note not tive minutes be- 
fore I called ui)on him, and granted an interview at once. lie stated 
that he Mould call at my room, and did so. Then the interview 
took place that 1 described in my previous testimony. I gave him 
all the results, every information that he asked for, and stated that 
he was probably in possession of some information that might 
reconcile these things, or explain them, that I had not, and had no 
means of getting; and, if so, 1 would be glad if he would furnish them, 
as I did not want to make a statement until I gave him that opportu- 
nity ; and then he took his notes, as I stated before, and, I presume, 
notes of everything. Not long after he left me Colonel Samo called 
upon me, as he states, at the request of General Babcock. I understood 
him to say that he had seen General Babcock. I did not understand 
him to say that he had called at his request, but that he had seen Gen- 
eral Babcock since he had seen me, and then s])oke of these discrepan- 
cies, and we referred to a pai)er that he had furnished me previously, 
showing his (quantities on different parts of i^ew Hampshire avenue. 
He said that certainly those quantities were there ; that I was mis- 
taken about that. I said, " Ko, I think not." I said, '' I have been 
there." "Well," said he, "will you walk with me up to the avenue 
and see?" Says I, "Certainly, by all means." We went up, and 
walked over the avenue back and forth from P-street circle a part of 
the way down, and my recollection is that on the way down from 
P-street circle to Pennsylvania avenue I made the request. Said 
I, "Do you want to go over the whole avenue, or will you go back to my 
room '?" I made that inquiry. Said he, " I do m)t care about going over 
the whole of it." " Well," said I, "if you do not, I will take a car and 
go to my room," because I was a little lame. I had been sulfering from 
rheumatism, and could not walk as well then as I can now. Said I, 
" Will you go along f " No," he says, " I think I will go to my oflice," 
and thereupon we separated. Prom that day to this, 1 think, Colonel 
Samo never called upon me again. 

Q. Did you have tlie papers in your hand when you walked over that 
avenue '? — A. I cannot say what pai)ers I had further than this, that I 
had his papers — the paper which he had furnished me showing the 
quantities at the dilferejit points, as he had made them, which I had 
said that I could not hnd at those points. 

Q. Did you or not ask him to find those ((uantities for you.' — A. Cer- 
tainly; we walked over the ground together. 

Q. Was he able to do it ? — A. I exi)lained that, I think, pretty fully 
in my previous testimony. In ecrtain i)laces he sai<l that he could not; 
he thought he had made a mistake as to the position of the streets, and 
so on. 

By ]\Ir. Stewart : 

Q. When you first started out, you did ask him to go with you ? — A. 
No, sir; he askecl m<'. 

Q. How did he know when you were making the survey — when you 
first started out on P-street circle and Pawlins Square — how did he 



2312 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

happen to be with yon then ? — A. I am not snre that I can tell that ; he 
was there. I know this, that in my commnuications with the engineer 
department, I stated in all cases when I intended to go to work at a 
measnrement. 

Q. You stated that to Mr. Cluss ? — A. I cannot say whether it was to 
Mr. Cluss always, or whether it was to Mr. Barney sometimes, or to Mr. 
Forsyth, bnt I am satisfied of this : My impression now is, since you 
call attention to it, that Colonel Samo called upon me first, and intro- 
duced himself, or had himself introduced, and then I told him what I 
intended to do — when I would go at it. 

Q. In a survey does it do any harm to have everybody present ! — A. 
Not by any means. I never have a particle of objection to it. 

Q. If two men measure from the same point, taking the same quanti- 
ties, if both are correct, both would be exactly alike would they not? — 
A. I should suppose so, of course. 

Q. If the data are the same, and the work is correct, it will lead to 
the same result in mathematics, I believe f — A. Yes, sir, if the resnlt is 
correct. 

Q. I believe I left out none of the mathematical condition, but now, if 
you get different points, if the work is correct, the results must neces- 
sarily be different ? — A. I am not sure that I understand yonr question. 

Q. Well, that is self-evident. Xow, would it not have been much 
more convenient to have had present in order to test the accuracy of 
the work — before yon make j'our measurement is it not very important 
to see whether you are measuring the same thing in order to test the 
accuracy of the work f Do yon not think it would have been more con- 
venient to have had the parties present? — A. I don't think that the 
convenience would have been any more or less, bnt I will say this, that 
all the parties were notified whenever I went to work at any of these 
avenues. 

Q. Was Mr. Samo notified ? — A. Yes, sir ; the information was con- 
veyed to him. 

Q. Notified when you were to go to work npon each of these places ? — 
A. Yes, sir. i 

Q. By whom ? He denies that. — A. I cannotr help that, sir. It was 
conveyed either by myself or my assistant, and I think that he and I 
met, I was going to say lots of times, during the progress of almost 
every one of these things, and the information was conveyed that I 
was then and there at work at that time on those places. 

Q. Either by yourself or yonr assistant, Mr. Samo, direct, the infor- 
mation was conveyed that you were going to work npon these partic- 
ular places? — A. Yes, sir; sometimes he requested me to send him word 
through the engineers of the board or some one of that kind ; and I 
think, in some cases, that that request was complied with without going 
any further, but I never for a moment felt that I had not used all need- 
ful means to advise him and every one in connection with it that I was 
going to work at such a piece of work on that day. 

Q. He says that he did not know when you was going to survey 
New Hampshire avenue. — A. Very well, sir; I cannot help that. 

Q. Who pointed out the places for yon to survey ? — A. I stated in my 
previous examination that I had selected them myself. 

Q. Did you consult with anybody about it ? — A. Not consulted. I do 
not think I consulted with any one, but I state, as I stated before, a 
great many suggestions were made to me — many persons coming to me, 
I cannot say who, and although I cannot say that they were all sug- 



TESTIMONY OF J. BLICKENSDERFER, JR. 2313 

gested to me, neither can I say that any of tliem were not suggested 
to me. 

Q. Did you consult with Mr. Cluss as to what points to survey ? — A. 
I do not think I ever did until I made in(iuiry of him for information, 
profiles, notes, and matters of that kind ; of course 1 always consulted 
with him or asked him for the facts. 

Q. These last measurements that you made, how did you happen to 
strike upon these particular streets ? 1 want to know this. ]\Ir. Cluss 
swears that the surveys that he and his party made are absolutely cor- 
rect. Xow, I waut to know whether the measurements that j'ou made 
were hap-hazard, and as liable to fall on them for the purpose of testing 
their accuracy. I want to know how you got at these ])articular streets, 
and why you did not happen to measure more of Mr. Barney's work to 
see whether that was correct or not. — A. 1 believe that almost every 
piece of earth-work that I measured — my recollection now is that every 
piece was work that Mr. Barney had measured. 

Q. And you found these errors iu Mr. Barney's work ? — A. Xo, sir; 
IMr, Barney's notes generally were correct, but it would seem — I do not 
know — but it would seem that the estimates and the vouchers for pay- 
ments to the contractors were not based upon the results to be obtained 
from Mr. Barney's measurements. 

By Mr. Stanton : 

Q. Who made the certificate' — A. Sometimes one, and sometimes 
auother; I have answered iu my statement. On Twelfth street the 
certificate 

Q. I mean in cases where measurements were made by ^Iv. Barney, 
and his measurements were not followed in settling with the contractor, 
whose engineer's certificate was appended to the vouchers in those 
cases ? — A. I have given them in my testimony 5 1 cannot recollect. 
Sometimes Mr. Forsyth, sometinjes 3[r. Oertly, and sometimes Mr. 
Phillips, and sometimes Mr. Barney; iu those that are not correct, I 
believe in some cases ^Ir. Barney himself made the certificates; I do 
not recollect that. I believe that I did not measure a single piece of 
earth-work upon which I did not have more or less notes of Mr. Barnt'y's, 
and generally full notes, and the reason I selected this was because I 
did not — I beg ycjur jiardon, I did not have any on Second street, as I 
stated iu my previous testimony — but the reason was that I did not like 
to undertake to measure and give definite results unless I could find 
some notes upon which I could base them ; tlu'refore, I sought those 
notes, and preferred to select those works upon Miiich I could get 
notes. 

By 31 r. Stewart : 

Q. My object in inquiring is to see how far your surveys go to the 
testing of the whole work of the city. These last that you made, that 
you brought iu, who made the surveys and estimates upon which pay- 
ments were made ? — A. On Twelfth street I was furnished with com- 
plete notes by ]Mr. Barney. I supi)ose he did not take them personally 
Some of his assistants took them, but they were furnished to me by him * 
but the estimate upon which the ])ayment is made to the contractor is' 
if I recollect right, signed by Mr. Forsyth, and it does not apjiear to 
have had, and in the making of it there does not appear to have been, 
any reference had 

Q. Was there a final payment made by .Mr. Forsyth .' — A. I think 
so; I cannot answer that certaiidy. 

Q. Who certified to the final i>ayment on Twelfth street ? — A. 1 think 



2314 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

it was Mr. Forsyth ; that is my recoUectiou ; I have a copy of the 
voucher in my room ; I haven't it here. 

Q. I would like to see that voucher ? — A. I received that copy on ap- 
plication to Mr. Johnson ; that was from F to P, on Twelfth street. Mr. 
Barney has placed in my hand notes of Twelfth street ; I do not know 
that they are of any consequence particularly. 

Q. If Mr. Barney made the survey Mr. Forsyth certified to it, and 
final vouchers were certified to by Mr. Forsyth ; I want to know if that 
is the fact ! — A. That is my recollection, but I would rather refer to the 
l^aper. 

Mr. Stewart. I will wait for that paper. 

By the Chairman : 
Q. If I remember rightly, I think Mr. Samo said yesterday that you 
only measured the sewer around three streets on Scott Square, while he 
measured around the entire square; that he measured also a sewer on 
the west side. Do you remember whether you measured the sewer on 
the west side ? — A. I cannot state that without referring to my detailed 
papers. 

By Mr. Stewart : 

Q. I think he explained it before, that the sewer on the west side was 
an old sewer, and you did not mention that for that reason. — A. That 
is my recollection. I do not remember — maybe I did. 

Mr. Stewart. That is my recollection of your testimony. 

The Witness. I will just say this : that I have my measurements in 
detail, in the most minute manner from top to bottom, and they are 
open to anybody who wants to look at them, I do not care who. I can- 
not answer that question at the present moment. 

By Mr. Mattingly : 

Q. You reported a large discrepancy on Second street in the grading. 
Was any member of the engineer corps or the board of public works 
with you when you measured that street ! — A. ]S"o, sir. 

Q. I understood you to say, the other day, that Mr. Henry S. Davis 
was with 3'ou ? — A. He was. 

Q. The voucher you remember, I suppose, in that case called for 
Second street, from Pennsylvania avenue to H ! — A. I believe it did. 

Q. You only measured, I understood you to say, from Indiana avenue 
to H ? — A. I went over the whole street, and finding there was no ex- 
cavation below Indiana avenue, of course I had nothing to measure 
there ; I measured only where there was excavation. 

Q. Did Mr. Henry S. Davis at that time tell you that Second street, 
from Indiana avenue to Pennsylvania avenue, had been an open abyss 
some 50 or GO feet wide and 10 or 15 feet deep '? — A. I have heard that, 
but I cannot say whether it was Mr. Davis who told me at that time 
or not. 

Q. In your estimate, then, for grading on Second street, you allowed 
nothing for filling or embankment, as you call it ? — A. Xo, sir. 

Q. But merely for excavation ? — A. Yes, sir. 

Q. Did you not know that the embankment there largelj' exceeded 
the amount of excavation ? — A. I did not know ; I might have found 
it out if I examined it, probably ; but I will tell 3'ou why I did not meas- 
ure any embankment ; it was this 



Q. You have said that already. — A. 'So, I do not think I have. 
The reason I did not measure anything except the excavation there 
was, the contract specified that the work should be measured in exca- 



TESTIMONY OF J. BLICKEXSDEKFER, JR. 2315 

vatioii only; and I found that in the voucher he was allowed for exca- 
vation and for hauliuij-, and so 1 did not i>ay any attention to the 
embankment except to walk over it and satisfy myself that there was 
110 excavation there. 

Q. Did you make any iiKjuiry before you ])ut your statement as to 
Second street into evidence as to the cause of tluit apparent discrep- 
ancy? — A. I do not remember what particular incpiir}' I may have 
made ; but I know this, that 1 was in communication with the engin- 
eers — the engineer department — in regard to Second street. Just as well 
as in regard to others, and asked whether thej^ had notes on it, and 
stated that I could not make the amount correct ; that I could not make 
it so much by a great deal as was in their vouchers, and I wanted to 
know what information they had that they could give meou the subject, 
and they said they had not any. 

Q. Can you state to whom you applied relative to Second street — to 
whom you si)oke in connection with it'' — xV. I am not sure that I can 
state it positively, l)ut my impression is that I spoke to both Mr. liaruey 
and ]Mr. Cluss. I will say generally, as I have said before, that my formal 
ai)pli('ations were always made to what I considered the head of the 
establishment, ^Ir. Cluss, and he referred me to ])ersons, sometimes to 
one and sometimes to another — generally to Mr. Barney. 

Q. Understan<l me, sir. I do not mean to say that you were not per- 
fectly correct in conferring with Mr. Cluss, so far as 3'ou are coiuierned. 
You see the unfortunate ])redicament in which you have placed us in 
that connection f — A. \Vell, sir, I went to the head of the heap. 

By Mr. Christy : 
^Vhile you were getting this information wei'e you informed that the 
mi on Second street was made from dirt taken from Tiber Creek 
sewer ? A. I do not think I was. J did not even ask in regard to how 
embankments were formed, because I found that the measurements 
were to be made in excavation only, and 1 addressed myself to that. 

By ^h: Stanton : 

Q. How did Mr. Henry S. Davis happen to accompany you at that 
time ? — A. He called my attention to that street, among others, and de- 
sired that I look at it. 

Q. Did you notify Mr. Forsyth at that time that you intended to go 
there in company with Mr. Henry S. Davis? — A. I do not think 1 did 
notify Mr. Forsyth personally. I generally considered that when I 
went to the heail of the engineer department and asked for information, 
and told them that 1 was going to look at a thing, that they would take 
care of their side of the question. 

Q. What other streets did Mr. Henry S. Davis call your attention 
to? — A. 1 cannot remember. 

Q. Can you remeuiber whether any other of the mcasarenients which 
you made were made on the suggestion of Mr. Jlenry S. Davis except 
Second sti-eet ? — A. Xo, sir; I think not. But I will say in regard 
to Mr. Davis accompanying me, that he seemed to have a desire to 
know the amount of iron fencing on that street; a great desire; and he 
wanted me to measure it with him, which 1 did. 1 have i)aid no atten- 
tion to it in my testimony, because it was not ])art of it. I gave him 
that result. Tiien 1 asked him in reference to the grading, and he 
l>ointe(l it out to me. Jiut, with all due delV'rence to ]\Ir. Davis, I found 
that I had to rely upon my own Judgment much more than 1 could rely 
upon'his. or anybody else in regard to the (luantities. 



2316 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Mattingly. We do not doubt that, sir. 

Mr. Christy. Mr. Chairmau, you will find in the charges that we 
made that we have indicated to the committee several of the matters 
that we wish to inquire into. For instance P-street circle, Scott Square, 
Eawlins Square, and East Capitol street, for which measurements have 
been made and estimates made by Mr. Blickensderfer. The inquiry 
was suggested why he had made certain measurements. I am only ex- 
plaining the fact that attention was early called to our desire to have 
these measurements made. 

The Chairman. Perhaps I ought to say in the beginning that the 
committee instructed Mr, Blickeusderfer with reference to several of 
these streets, and, so far as I know, they were taken rather at random. 
In the charges there are, perhaps, twelve or more streets indicated. It 
was not thought worth while to measure all of them, as that would take 
too much time ; therefore we indicated several streets ; and afterward 
Mr. Blickeusderfer being here, I think the committee stated to him that 
he might take two or three other streets, and look them over, and select 
them for himself. 

By Mr. Stewart : 

Q. This voucher is signed by Mr. Forsyth as assistant engineer, and 
approved by Mr. Phillips, who was then"^ engineer-inchief. Now, you 
say, Mr. Barney made this survey ? — A. He furnished me the notes. 
I cannot say that he made the surVey. I have understood that either 
he or one of his assistants did. 

Q. He did not furnish you the notes of the survey, he merely furnished 
you the notes of the cross-sections ? — A. Both. 

Q. The notes of tbe cross-sections and the notes of the measurements 
of the work after it was done — I want to see how they did it ? — A. Per- 
mit me, then, to explain. They went over the ground with an instrument, 
took the levels at different portions for the purpose of being able to plot 
if you please, or for the purpose of ascertaining the actual elevation of 
the surface on different parts of the street all the way along. Then the 
measurement is sometimes made months before the calculation is 
made, because the measurement constitutes the taking of these notes 
and the reduction of them. The calculation may be made five 
years afterward, and it won't affect it any at all. Then these notes 
were in part plotted upon these cross-section papers and in part 
calculated. So far as they were here plotted and calculated, I took 
all the original notes on to the ground but these cross-sections, to 
save me the necessity of two comparisons, and I noted the heights 
as nearly as I could estimate to make up my mind as to their 
credibility and correctness. I made up my mind they were right. Then 
I went to work to examine his calculations to see whether he had re- 
duced them right, and I made the amount the same thing with trilling 
exceptions. I noted one or two slight errors. Then for a portion of the 
street that he did not have plotted on these cross-section papers, 
he furnished me here a copy of the notes, although I had the original 
notes, but I did not compare the original notes with this. I took this, 
however, upon the ground, and compared this with the ground, and 
made up my mind it was credible, and then I reduced these myself with- 
out plotting. 

Q. Then, in your measurement, if nothing was included in the work 
besides what was originally measured or plotted, you were absolutely 
correct ; but suppose, now, that there had been an intersection, or a 
piece of ground that had been included in the work, as you have found 



TESTIMONY OF LEWIS CLEPIIANE. 2317 

iu siHoral instances, then that would change tlie result, would it not? — 
A. If there was soiiictliing that was outside of tliose notes it would. 

Q. AVell, you ])ave found several instances where there was something 
outside of the notes, or where that was the explanation ; for in- 
stance 1 — A. 1 do not remember such a case. 

Q. On Yirj^inia avenue? — A. Yes, sir; so far as the claims against 
the Government were concerned, but not with reference to the con- 
tractors. I do not remember any case of that kind with reference to 
the contractors ; but 1 will Just say that in this quantity there is in- 
cluded here a small amount, 744 yards, if I recollect aright, that is not 
included in these notes for work at the intersection of Massachusetts 
avenue, that this uuin did outside of the notes as was explained to ine; 
that is, that statement was stated to jue. 1 did not go to have them show 
me where these 7-t4 yards were, how they were made up, or anything 
about it. The amount being so small, I received their statement and 
l^ut that iu. 

Q. Then you put something in besides what was in this original meas- 
urement. — A. I did. 

Q. Do you not thiidc that the quickest way would have been to have 
had Forsyth there to close the whole case and make it absolute, and 
ascertain if there was anything else outside, and then we would have 
had everything without calling witnesses to have a further examination ? 
There is uo doubt about your calculation determining with certaintj' so 
far as you went, and probably it is accurate throughout ; but then, if you 
had called on Mr. Forsyth, you would have known whether he had any 
further explanation — whether he had put anything else iu besides that 
700 yards. — A. I suppose if 1 had called on Mr. Forsyth, and he had 
made an explanation of that kind, it would have made it unnecessary 
to examine n)e. rerha[)S it would, and perhaps not ; I do not know 
about tliat. 

Q. You cannot say ? — A. I cannot say about that ; but I certainly 
thought when 1 had communicated with the engineers of the board, 
without knowing that ^Ir. Forsyth was concerned in that matter until 
after I was done, that they would send to me the man wlio was in- 
terested in the subject. 1 will Just say one thing further, so far as I am 
concerned, individually, Mithout retlecting, with all due deference to the 
committee and everybody else : that if 1 were expected, when called 
upon to make examinations of this kind, to hunt ui) every subordinate 
engineer that was interested in the matter, I should beg leave to be ex 
cused. 

Mr. Mattingly. !\[r. Clephaue, who was a contractor on Twelfth 
street, desires to make an exjjlanation of that, to show that he did not 
profit by the mistake. 

Lewis Clepuane recalled. 

I simply desire to state, as a matter of fact, I do not know whether 
there is any error or not in that measurement. I wish simply to state 
that I gave that work out to Mr. Gk'ason to do, and paid him precisely 
what was paid me by the board. I made nothing in it whatever, in any 
way, shape, or form. If there is any err h-, 1 do not know anything about 
it. That was ^Ir. Albert Gleason. 
Uy :Mr. Wilson : 

Q. Did you do the paving ? — A. Yes, sii. 

Q. You got the contract for the grading and [laving, and h't out the 



2318 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

grading to Mr. Gleason ? — A. Yes, sir. The grading was given pre- 
viously. 

By Mr. Christy : 
Q. Do you know who composed the finance committee of the Freed- 
man's Bank in the fall of 1871 ? — A. I was one of them. 
Q. Was not Henry D. Cooke another ? — A. Yes, sir. 
Q. And William S. Huutington ? — A. Yes, sir. 

The committee here adjourned to 2 p. m., and, upon re-assembling, 
adjourned, without taking any additional testimony, until to-morrow 
morning. May 20, 1871. 



Tuesday, May 20, 1874. 
The committee met pursuant to adjournment. 

Moses Kelly recalled. 

By Mr. Wilson : 
Question. Have you made out a report in accordance with the subpoena 
that was submitted to you! — Answer. I have, sir. The following is the 
report: 

Statement of suins lorrowed by the commissioners of the sinJcingfund. 

1873. 
July 2G. Loan for 60 clays, at 7 per cent, interest, from German-Ameri- 
can Bank, New York City, upon 30-year funding-bonds as 

security $100,000 

Of which $10,000 was paid at matiirity, and new notes given 
for the remainder, as follows : 

October 14. One payable October 31, 1873, for 20, 000 

One payable November 15, 1873, for 5, 000 

One payable December 1, 1873, for 5, 000 

One payable December 15, 1873, for 10, 000 

One payable January 1, 1874, for 50, 000 

All of which has been paid. All these notes bore interest 
at the rate of 7 per cent, per annum. 
July 30. Loan for 60 days, at 8 per cent., from Jay Cooke & Co., upon 

30-year funding-bonds as collateral, for 40, OOO 

Of this amouut we have paid $1,000. 
July 30. Loan for 45 days, at 8 per cent, interest, from J. C. Willard, 

upon 30-year funding-bonds as collateral 24, 000 

Which w as paid at maturity. 
August 1. Loan for 60 days, from National Metropolitan Bank of Wash- 
ington City, at 8 per cent, interest, upon 30-year funding- 
bonds as security 50, 000 

Of which one-half was paid at maturity. 
October 3. Loan for 60 days, at 8 per cent, interest, from the same bank, 

upon same security 25, 000 

Which was paid at maturity. 
August 11. Loan for 60 day, sfrom Lewis Johnson & Co., at 8 per cent. 

interest, upon 30-year funding-bonds as security 25, 000 

One-half of which was paid at maturity. 
October 10. Loan for 30 days, from same house, on same terms and secu- 
rity 12,500 

Which was paid at maturity. 
August 11. Loan for 60 days, at 8 per cent, interest, from Washington 
City Savings Bank, upon 30-year funding-bonds as 

security 40,000 

Of this we have paid $10,000. 



TESTIMONY OF CHAKLES S. JOHNSON. 



2319 



1873. 
August 10. Loan for GO days, from Bank of Washington, upon 30-year 

fun(lin<r-bonds, at 8 per cent, interest $25, 000 

Of which we have paid S.'),000. 

October 30. Demand loan, at 7 per cent 20, 000 

Nov. a. Demand loan, at 7 per cent 30,000 

Nov. 12. Demand loan, at 7 per cent 50,000 

Nov ^8. Demand loan, at 7 per cent 20,000 

From the Fourth National Bank, New York, upon 30- 
year funding-bonds as security. No part of this has been 
called for but the interest. 
Dec. 23. Loan for 'JO days, from National Bank of Commerce, New 
York, at 7 per cent, interest, upon 30-year funding bonds 

as security 150,000 

This note was renewed March 26, 1874, for 90 days, on 
payment of interest. 
1874. 
Feb. 12. Demand loan from N. A. Cowdrey, of New York City, at 8 
per cent, interest, upon 30-year funding-bonds as se- 
curity 50 000 

This loan was made to take up the last note maturing at the 
German-American Bank. Five thousand dollars only have 
vet been called for. 
1873. 
August 12. Loans were negotiated with houses in Baltimore, thi'ongh Lewis .John- 
son & Co., upon §50,000 of Chesapeake and Ohio Canal bonds, at 9 per 
cent, interest and one-half per cent, commission, as follows : 

One at 90davs, for $20,000 

One at 90davs, for 10,000 

One at 90 davs, for 5,000 

One at 90 days, for 5,000 

One at 90 days, for 5, 000 

Making 45,000 

All of which A%*re paid at maturitv- 

MOSES KELLY, 

Treasurer. 
May 25, 1874. 

The WiTNES.s. Tbere was auotber question as to what a.ssets, fuuds, 
and securities are now iu pos.session of the comniissiou. That is an- 
swered on page -4 of the Governor's Answer. 

Q. That paper and that statement in the Governor's Answer contain a 
correct statement of the condition of the fund ? — A. Yes, sir; except as 
to cash on hand. Tliat contains a full statement of our assets. There 
has been one slight change in the statement. We have sold $200 of the 
funding bonds ; otherwise the statement remains as it was. We have 
on hand at present in money 811,493. That, I believe, is a full answer. 

Q. That constitutes the entire as.sets ? — A. At the present time. 

Q. And this paper shows the loans negotiated ? — A. Yes, sir. 

Charles S. Johnson recalled. 
By Mr. Wilson : 

Q. What is the date of the first entry in that record ? [the journal ot 
the board of pul)lic works.] — A, Sei)tember 21', 1873. 

(}. That was a board meeting, was it ? — A. Ye.s, sir. 

(}. Who was ]»resent at that meeting? — A. Messrs. Willard, Cluss, 
Magruder, and th<' governor. 

(^. Turn to the next meeting as appears on the record. NVhen was 
it held ?— A. September 23, 1S73. 

Q. Who were present at that meeting? — A. Iain unable to say; it 
does not specifj'. 

Q. Turn to the next one. — A. The .same answer will apply to that. 



2320 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Tarn to tbe uext one. — A. And that also. 

Q. Now turn to tlie uext one. — A. The same. 

Q. What is the date ? — A. September 26. 

Q. Then go to the next one ; what is the date of that f — A. September 

27. 

Q. Who was present then ? — A. It does not state. 

Q. Do yon know who was present? — A. I do not. 

Q. Tarn to the next one. — A. It is the 29th of September. 

Q. AVho was present then "? — A. That I cannot say. 

Q. Turn to the next one. — A. September 30. The same answer will 
apply there. I cannot remember who was present. 

Q. You cauuot tell who was ])resent ? — A. ]Js o, sir. 

Q. Now go on until yoa find a meeting where yon can tell who was 
present? — A. [After examining.] I will say here that it does not occur 
frequently in this book ; it occurs less frequently than in any other of 
the journals. If you take the journal of 1871, 1872, or 1874 

Q. I want to know where you can find one in there where it specifies 
who were present of the members of the board. — A. I have one here ; 
November 6, 1873. 

Q. About how many meetings would seem to have been held, as it ap- 
pears recorded in that book, until yoa find one where you can tell who 
the parties were who were present ? — A. All that I have looked at is a 
little less than a month intervening, abont three weeks, I should think, 

Q. How many meetings do you think are recorded in there, or what 
appear to be meetings, when you are unable to tell who was there ? — 
A. I omitted one here, October 22. No, I am wrong in that. I should 
say there were aboat fifteen, perhaps. 

Q. Are there not a great many more than that '? — A. I did not count 
them. • 

Q. I would like to have you count them. — A. [After counting.] There 
appear to be thirty-eight. 

Q. Thirty-eight intervening between the first one where yoa are able to 
tell who were present aud the next one where you are able to tell who 
were present. Can you tell who were present at any one of these thirty- 
eight meetings? — A. I cannot now. 

Q. Were there notices given to the members of the board to be pres- 
ent at those thirty-eight meetings ?— A. No, sir. 

Q. Why not ? — A. We have never been in the habit of sending out 
notices, except in special cases. 

Q. W^ere those entries made originally there, or were they copied on 
that record?— A. This is not my handwriting ; I did not make it. 

Q. Whose handwriting is it?— A. 1 think this was made by Mr. 
Campbell. 

Q. Where is he ? — A. I think he is at present a clerk in the State De- 
partment. We can farnish you his fall name ; I do not remember it 
now. 

Q. Were you present at these thirty-eight meetings ?— A. I think so, 
su? ; I have been at the office every day. I am generally present. There 
is very rarely an exception. 

Q. Was this man who wrote this up present at the meetings ?— A. No, 
sir. 

Q. AVho famished him the material out of which to write them up ?— 
A. The material was furnished for, instance, in those cases 

Q. I am not asking about the ones when the members of the board 

were there. I am talking of where A. They were made up from 

the records of the office— from the letters that were s(iut oat. 



TESTIMONY OF CHARLES S. JOHNSON. 2321 

Q. Tbat was made up from the letters that were sent out ' — A. Yes, 
sir. 

Q. Fiidtn- whose direction were they made up? — A. It has always 
been the practice 

Q. 1 do not ask you what has always been the ])ractice; I asked you 
under whose direction it was made up. — A. I cannot say specially now, 
but with the knowledge and consent of the board : my impression is, 
Mr. Shepherd, if you wish a direct answer 

Q. That is exactly what I want to know, and T want you to state this 
to the committee now, exactly how these minutes were made up. — A. 
Whenever the board held a meetinj;- for the special consideration of any 
subject, when it was desired that there should be a full board meeting-, 
notices were sent to each of the members of the board, as I remember in 
this case specially, [referring to a meeting notice in the book. J Wheu 
that was not the case, notices were not sent out. The meetings of the 
board were held whenever the board were together in the ofhce. xVll of 
the letters and all of the transactions of the oflice were entered upon 
that Journal, taken from the letters themselves. 

(^. Do you pretend to say now that these thirty-eight entries repre- 
sent regular lormnl meetings of the board of public works ? — A. No, 
sir; I do not. 

Q. Then, Mr. Cluss is correct, is he not, in his statement that a great 
inany things were entered upon these as board meetings which were 
not in fact boanl meetings .' — A. In some cases. 

Q. Is it not so in a great many cases ? — A. \A^ell, that was not con- 
sidered at the formal meetings of the board ; yes, sir. 

Q. By whose direction were they placed upon the records? — A. I can- 
not say that I ever had any special direction. 

Q. At whose instance were they placed upon these records as minutes 
of the board of public works? — A. I do not know that 1 ever had any 
special instructions. 

Q. Did you do this without authority ? — A. I did it with the full 
knowledge of the members of the board. 

Q. What members of the board do you particularly refer to ? — A. I 
refer to ^Ir. Shepherd and Wilhird particuhu'ly now. 

Q. The respective vice-presitlents of the board ' — A. Yes, sir; they 
held that position. / 

Q. Then I understand you to say that you did not do this without 
autliority — that this does not represent regular formal meeting of the 
board, but that you placed these things upon the record as minutes of 
the board, made up by order of the vice-president of the board from 
letters and papers filed in the office. Is that a correct statement of it ? — 
A. I cannot say that he ever directed me to do this. I do not go so far 
as to say that, but I do say that it was done with his knowleilge and 
tacit consent. 

Q. Did you do it w'ithout authority. Is that your own arbitrary 
act? — A. It is my act; yes, sir. 

Q. Is it your own a<'t '? — A. It is my own. 

Q. Without authority, or with authority .' — A. Well, with the knowl- 
edge of the managers of the l)oard. 

Q. Was it done without authority .' — A. It may have been done with- 
out special authority. I do not rememi)er that I ever obtained special 
authority. 

(^. Then, this is not the record of the meetings of the board of i)ublic 
works, but your record, is it? — A. No, sir; it is the record of the meet- 
ings of the board of public works, together with such matters that 
140 D c T 



2322 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

transpired in the office, by the direction of the vice-president. That is 
the point I presume you are trying to get at. 

Q. Now, go on, and let us see how many more you can find there, 
Avhere you cannot tell who was present. — A. I find six intervening be- 
fore that occurs again, from Xovember 6. 

Q. Now, go on, and find how many more before you can find where 
somebody was present ? — A. The next meeting; also present Governor 
Shepberd, Messrs. Willard, Magruder, Cluss, and Blake. 

Q. Xow, go to the next one. — A. Twenty-seven. 

Q. Twenty-seven more minutes where you cannot tell who Ava 
present ? — A. 1 cannot. 

Q. Are tliey of the same character as those you have spoken of be- 
fore '. — A. Yes, sir. 

Q. Now, see how ninny more you can find until you find another. — 
A. There are no more ; but there are only two or three more meetings 
recorded in this book. 

Q. Now take this one: journal A, of 1873. — A. I find "nine." 

Q. After "nine" you find one where you can say who were present. 
Now, goon, sir. — A. I find two where they are marked present, immedi- 
ately following that; then twelve where the members present are not 
mentioned. 

Q. Go on, sir. — A. Two meetings where the members of the board are 
down as present; seventeen not recorded. Seven, again, where it is 
not mentioned. 

Q. Up to what date have you arrived ? — A. March 17, 1873. 

Q. I would like to have you go on and see how that thing runs. — A. 
Five where members are not down as being present. There occurs a 
meeting on the 25th, where four members are down as present. 

Q. Perhaps I can shorten this ; you can probably tell me whether 
that is generally the case all through these records. — A. That is gen- 
erallv the case in these two books, but not so in the others. 

Q.'.That is in 1873?— A. Yes, sir. 

Q. AVhen did you change that iirogramme ? — A. During four months 
of that time I cannot speak positively of, because during that time 1 was 
absent from the office, being sick and confined to my house ; bnt after 
that time I was present at the office. 

Q. I say when did the change occur, when you began to have no 
meetings except where the members were mentioned present — no entries 
made except where the members were present ? — A. I have noticed this 
fact in looking over the journal ; that this caption occurred oftener than 
I was o)ice-aware of, and feeling that at some future time it was just 
possible that it might be necessary to know who were present, I adopted 
another rule of putting down those who were actually present, so that it 
might ajipear upon the record itself. 

Q. When did you adopt that rule ? — A. I have done so from the first 
of January of this year, and it is generally so in the journal of 1871 
and 1872. When I discovered that this occurred more frequently than 
I had supposed, I changed the plan. 

Q. Has not your attention been called to the fact that you were mak- 
ing up entries in those minutes where there was nobody present ; that 
you Avere making np entries from the current papers of the office ? — A. 
My attention was never called to that fact. 

Q. Your attention was not called to that ? — A. Excepting of my own 
motion, I say my attention was not called to that by any one. 

Q. What put the idea into your head that it might be necessary here- 
after to show who Avere present at those meetings ; Avho suggested that 
idea to you ? — A. No one. 



TESTIMONY OF CHARLES S. JOHNSON. ZoZcJ 

Q. What put it into your head that tliat inisht bo so ? — A. I ain un- 
able to say now what put it into my head ; that thought occurred to me, 
and therefore I changed the ]>hin. 

Q. These entries, you say, were not made in these books by you ? — A. 
No, sir. 

Q. Where is the material out of which the man made the entries, or 
from Avhich the man made the entries; who did make them ? — A. As I 
say, in these matters of routine they were made up from the press letter- 
book of the office ; this, of course, contained everything. 

Q. All these matters where there is uo record of any person being 
present — were they made up in that way, in all of those cases ? — A. Xot 
all of them, sir. 

Q. Can you tell any one that was not? — A. I cannot recollect any 
now. 

Q. Were they generally so made uj) ? — A. Generally so ; yes, sir. 

Q. So that, as a general rule, the committee may take it as a fact that 
those entries where there is no si)e(titication as to who was present, they 
were made up from the letter-book and current papers of the office ? — 
A. Yes, sir ; some portions of them. 

Q. That is the way they were made up ? — A. Some portion of them. 

By Mr. Stewart : 

Q. You say that you were in the habit of meeting there — droppingjiuto 
the office ? — A. Yes, sir. 

Q. Now, how was that with regard to their getting together, when 
there was a regular meeting of the board 1 In the tirst place, where was 
the office kept where these regular meetings were held 1 — A. Fourth- 
and-a-half street. 

Q. Have they an office for the board there ? — A. Y'es, sir. 

Q. Who occupies that office when the board are not in ? — A. It is oc- 
cupied by the vice-president and Doctor Blake. 

Q. When none of the members of the board are there, who occupies 
the office ' — A. The room is in my charge, when there is no one present. 

Q. You are in the room ? — A. Yes, sir. 

Q. Then it is the office of the vice-president ? — A. It is the office of 
the board as well. 

Q. And the vice-president occupies it ? — A. He has a small room ad- 
joining the main office. 

Q. W^hat cai)acity does the vice-president occupy in regard to the 
business? — A. It is his duty as executive officer to transact all the busi- 
ness of the board, in the absence of the board. 

Q. Was there any authority of the board to him for that purpose ? — 
A. Yes, sir. 

Q. Can you turn to that authority ? — A. It is dated October 9, 
1871, page 150, I think, of the record. 

Q. State who was i)resent at that meeting. — A. ^Ir. E, L. Stanton, 
at that time the acting governor, and ^lessrs. Shepherd, Mullett, Brown, 
and Magruder. 

The order is as follows : 

Board or I'riii.ic Wokks, Distkict of Columiua, 

U'anliiiiytoii, 1), C, October l>. IH71. 
Tlieboanl met at tin; usual hour. 
I'reseut : — Edwin L. Stanton, (actinj^ jjovernor,) and Messrs. .SlHi>luid, Mnllott, 

Blown, and Magruder. 

# » ' )t • » » • 

The followinjj order, ref<'rring to tin? or;:;anizati()n of the board, was adopted : 
Ordrnd, That the vicc-prcsith-nt of tliis hoard sliall hi- tlie executive! olhecr thereof; 
he shall be iu attendance at theollice of the board daily, .between 1 o'clock j). m. and 



2324 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

4 o'clock p. ui., to receive all persons having business with the board, and to dispose of 
such applications as may need immediate attention ; he shall sign all orders of the 
board, and submit at each session thereof an abstract of all business transacted by him 
since the preceding meeting. It shall also be his duty to have all papers properly 
briefed and prepared for consideration by the board, and generally to arrange its busi- 
ness in jiroper shape for action ; he shall see that the reports of the different officers are 
promptly made, and orders to them shall be issued through him: he shall require 
that the A'arious officers properly perform their respective duties, and may dismiss anj- 
employe of the board, subject to its approval. 

All requisitions for work or material nuist be approved by him, said I'equisitions to 
specify the particular improvement for which it is needed, and the nature of the work 
for which it is to be used. He shall also perform such other duties as may from time 

to time be required of him by the board. 

# * ' * * * * # 

Q. Theu how was tbe business transacted ? I see by your journals 
that you have, between the meetings, where you have recorded who were 
present, entries, " Board met," and such and such things were done ; 
liow was that made u^) ? — A. Nearly every day there is a majority of the 
board present. The board does not always hold a formal meeting, but 
matters of consequence are talked over between them, and the result of 
that, as communicated to me through the vice-presideut, has been 
entered upon tlie journal. 

Q. Wheu you had your regular meetings, or, in other words, when 
there was a majority prei-ent, what was the habit in regard to what had 
been done previous to that time"? How did they manage to bring that 
before the board ? How was it brought before the board "? — A. It was 
uever formally brought before the board. The minutes of the preceding- 
meeting — it has never been the practice to read and approve them, as is 
the custom elsewhere. 

Q. Not the minutes of the preceding meeting, but the routine business 
that had been transacted since the former meeting ; how was that 
brought before the board f — A. Well, in a general conversation. 

Q. Was attention called to the business that had been transacted ? — 
A. So far as matters of any moment were concerned. 

Q. What do you mean by matters of any moment f — A. Well, of 
course there were a great many matters of mere routine ; as, for in- 
stance, the reference of papers, the approval of requisitions, and things 
of that kind ; ordering of repairs, defects in pavements, &c. 

Q. Those were matters of routine, but when you came to the letting 
of contracts, what was the habit in regard to that ? — A. So far as I 
know, the habit was to consult at least a majority of the board on those 
matters before entering upou the work. 

Q. You were present, then ; you know as a matter of fact whether that 
was done or not ? — A. Generally, sir. 

Q. Do you know of any exception in the letting of contracts ? — A. 
Yes, sir ; my knowledge does not extend beyond what actually came 
under my observation. 

Q. Do you know of any contract let where the matter was not let by 
the board ? — A. I cannot say that I do positively. 

Q. You say that almost daily a majority of the board would be pres- 
ent ? — A. Yes, sir. 

Q, Was Mr. Cluss in the habit of coming there ? — A, Not so frequently 
as the other members of the board. Mr. Cluss said the other day that 
he believed that he was present whenever he was notified ; that may be 
so, but, as I stated a while ago, it was not customary to notify members 
of the board to meet, excepting to consider special matters ; that has 
occurred very rarely since I have been connected with the board ; they 
generally met when they got together. 



TESTIMONY OF ( IIAKLES S. JOIINSOX. 2325 

Q. Did Mr. Class ever come to the board to look over matters I — A 
]S^ot to my knowledge. 

Q. Did be ever make any iu(|uiry of yon Avitli regard to any of the 
entries on the books '.—A. lie never asked to see any portion of the 
records, es])ecially the Journal. 

Q. And he never asked to see the Journal ? — A. Xever, in my life, 
that I can remember. The Journals, as well as all other records, were 
open, of course, to the inspection of every one that had authority to 
examine them. 

Q. Where were the Journals kept ' — A. They were kept in a room ad- 
Joining what was commonly known as the vice-president's oflice ; it is 
where the majority of the clerks are. 

Q. It was kept in that room ? — A. Yes, sir. We have four rooms in 
that immediate otllice — vault-room, No. 1(5, room Xo. 13, and room Xo. 9, 
uhich is occupied by the vice-president. 

Q. Were any other members of the board in the habit of examining 
therecord and taking" aninterestinthe business ? What members of the 
board did take most interest in the business ' — A. I have from time to 
time shown the Journal to different members of the board. 

(j). AVho was there most ! Who took the most interest, outside of the 
vice-president, whose duty it was to be there daily under that rule 
which you have read .' — A. Of course my memory serves me better re- 
cently than it would to go back any great distance. Dr. Blake, Colo- 
nel Magruder, and ^Ir. Willard have been in the office there together 
nearly every day. For some months past scarcely a day elapsed wheu 
they wiu-e not present. 

Q. Mr. Clussj^aid less attention, you say, than the balance of them ; ho 
was there less, I mean ■ — A. He was in the building in his own ottice. 

Q. Did he have an oflice in the building ? — A. Y'es. sir. 

Q. How about Dr. Jjlake .' — A. He makes it a point to be there nearly 
every day, i)retty much all day. 

Q. It was made the duty, under that resolntion, for the vice- 
])resident to be there every day; how was it with Mr. Shei)herd ? — A. 
He was there as often as his outside duti3S would permit. IFe did not 
get there, perliaps, within the hours specified, but he was in and out 
nearly every day. 

Q. AVas he in tlie habit of attending there daily ? — A. Well, that was 
his intention ; he was not ahva^s there every day. We had an order 
issued to that effect, that the vice-president should be at hisollice daily, 
between certain hours, but peoi)le got in the habit of coming to his store, 
while he was there transacting liis i)rivate business, keeping him there 
so that he would not always reach the ollice between those hours. 

Q. How much of his time did he devote to this business.' — A. I think 
his whole time was devoted to it. 

(,>. His w hole time devoted to this business of the District ? — A. Yes, 
sir. 

Q. How has it been since Mr. Willard got in ; has he given his atten- 
tion to it' — A. Mr. Willard was there regularly every da\ ; he has 
scarcely missed a day since he has been connected with the board. 

Q. You say that Dr. BhUce, sinci^ he came in, has attended to it pretty 
well ? — A. Yes, sir. 

(}. How has it been with Mr. INIagruder '. — A. Mr. Magruder is there 
generally every day, some tinu' dui-ing the day. 

(},. Has there been free consultation there every day on anything of 
importance? — A. Yes, sir ; 1 thiidc there has. 

(i. Has there been any attempt on the part of the board — you would 



2326 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

know it, as you liave charg-e of the papers — to keep anytliiug from auy 
member of the board ? — A. Xever, sir. 

Q. Full coutideuee extended to all ? — A. Every one had opportunity 
of inspecting' the papers that were under my charge. 

By Mr. Wilson : 

Q. Did Mr. Shepherd transact business down at his private oflflce and 
then report it to you at your ofdce? — A. Yes, sir, sometimes. 

Q. Then it was entered upon the records ? — A. Yes, sir. 

Q. As though it had been done in board meetings * — A. Sometimes 
there were meetings there. 

Q. ^ow, let us know a little more about those meetings there. You 
say these parties dropped in there every day ; is that the fact '? — A. Do 
yon mean the members of the board ? 

(J. Yes. — A. Yes, sir. 

Q. And they had a sort of general talk about matters, and these 
things went upon the record as you have heretofore stated ? — A. Yes, 
sir. 

Q. That is what you have entered here as board meetings? — A. I 
have entered the results from these conversations, as I understand 
them. 

Q. Do you say that there were no entries made in those books except 
what was the results of these conversations aniong these members when 
they would drop in there? — A. I so understood, with the exception that 
I have stated — that the vice-president, in his capacity as executive 
officer, has directed certain things to be done, which are also entered 
upon this book. 

Q. So that this does not, then, represent formal meetings of the board, 
but informal meetings of the board ? — A. Xot altogether formal meet- 
ings. 

By the Chairman : 

Q. That book and that class of books purport to be the books of entry 
of the proceedings of the board ? — A. Yes, sir. 

Q. Is that book in your charge ? — A. Yes, sir. 

Q. And in your custody ? — A. Yes, sir. 

Q. 3Ir. Cluss's office was above yours ? — A. On the tloor above. 

Q. How often was he in the habit of being in that office of the board 
of public works proper ? — A. It would be i>retty difficult to answer that 
question. 

Q. Frequently or infrequently ? — Q. Well, frequently. 

i}. Was he ever sent for. that you know of? — A. Yes, sir. 

Q. For what purpose ? — A. As I said a moment ago, notices were 
sent to each member of the board when it was specially desired that 
there should be a full meeting, but generally that was not the case. 

Q. Did you ever send a messenger for Mr. CUiss at those informal 
meetings of which you speak : would you send for 3Ir. Cluss to be pres- 
ent ? — A. Yes. sir : there have been times 

Q. Was that often done ? — A. There have been times ; not often, sir. 

Q. When you had these formal meetings of the board — that is, upon 
notice — they were for a special purpose, were they ? — A. When it was 
generally desired to have a full attendance of the members. 

Q. Were they for a specitic purpose, indicated in the notice? — A. Xot 
indicated in the notice — not generally so : simply formal notice : " You 
are requested to be present at a meeting of the board at the office of 
the vice-president." at such a date and such an hour. 

Q. At those informal meetings did the members take their seats around 



TESTIMONY OF CHARLES S. .JOHNSOX. 2327 

tbe table and look over papers, or what was done at those informal meet- 
ings! — A. The room is a large one, and we have but one desk in the 
room, which is an ordinary-sized desk ; it is generally occupied by the 
vice-president, or, wlien the governor M'as presiMit, by himself. 

Q. They were meetings, then, at which they sat around and jalked 
matters over? — A. Yes, sir. 

Q. Not around the table? — A. Xo, sir. 

Q. And did not examine papers? — A. O, yes; all our matters now, 
at present, of considerable consc<piem;e, we hold over — we hold over 
those matters, the vice-])resident not feeling a disposition or authority 
to undertake to decide the matters. The papers are held over and theu 
at those meetings they are brought uj) and read. 

(}. When did that habit begin of holding over papers ? — A. Well, I 
do not know that 1 can say, sir. 

By Mr. Wilson : 

Q. "Was that the habit b«'fore Mr. AVillard came in ? — A. Xot so much 
so as since he came in. 

Q. What was the habit of the board with reference to reading uj» the 
minutes of the board ? 

Tile Witness. ])o you nu'uu of the prececling meeting? 

Mr. Wilson. Yes. ^ 

A. That was never done. 

Q, Who examined the miiuites after they were s]»iead upon the records 
by yourself or by your direction ? — A. I do not thinic any one; ever ex- 
amined them critically, with tlie view of testing their accuracy except 
myself 

Q. The^' were not read over by the vice-president or by the board ? — 
A. Not in their entirety as a matter of everyday occurrence ; fre«iuently 
he did send for the journal, and examine as to certain matters. 

Q. Were you alwiiys present at the formal and informal meetings? — 
A. Almost always. 

Q. Who directed you what to put upon these minutes, as a rule, and 
what was the habit with referen(;e to them ; how did you know what to 
spread upon the records ? — A. Well, as I said a moment ago, in all for- 
mal meetings and nuitters of moment, I took down at the time notes 
which were spread upon the Journal. In some other cases that was not 
done; but the substance of wlmt had been done through the vice-presi- 
dent was incorporated upon the Journal ; but that I have; always under- 
stood to be after a considtation with other members of the board. 

i}. You spoke a while ago of the transferring from letter-books. — A. 
I'ress-books. 

(}. Who ma<h^ those press copies — that is, who did the writing which 
was copied into those press-books? — A. It was done by one of the 
clerks in the oflice, in tlie first instance. 

(,). I want to test your recollection as to what really did go upon the 
Journal in this record. Were you satisfied always that you were mak- 
ing correct records of thci things that really transpired ? — A. I do not 
thiidv I ever ])ut down anything that I was satisfied was incorrect. It 
never has been my intention to <lo so. 

(^>. The record was generally made np from directions given to you, 
theu, from those ])ress copies ? — A. Yes, sir. 

(^), That is, when there was not a full meeting of the hoard? — A. 
Ordinarily. 

By Mr. Mattincsly : 
Q. As I understand it, those minutes, or an abstract of the current 



2328 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

l)rocceding\s of the board of public works, whether done at regular 
formal meetiugs of the board, or doue through the vice-president, as the 
executive officer of the board, aud that is all f — A. Yes, sir. 

By Mr. Stanton : 
Q. These press-copies are of letters and of indorsements of papers ? — 
A. Not of indorsements 5 those are always mere matters of routine. 

S. P. Brown sworn. 
By the Chairman : 

Question. Have you at any time been a member of the board of pub- 
lic works; aud if so, state when, and from what date to what date? — 
Answer. I was a member from, I think, the 16th of April, 1871, to 
some time in June, 1873, when I resigned. 

Q. Has your attention been called to the testimony of P. H. Rhine- 
hart, as affecting yourself! — A. It has, sir. 

Q. Have 3'ou any statement with reference to that matter ? — A. I 
have. I handed you a statement which I will read. This is the letter 
I addressed to the chairman of this committee, which I will read, aud it 
is all I wish to say in relation to the matter : 

WashiN(;tox, D. C, May 26, 1874. 
SiK : Mj' attention lias been called to the testimony of P. H. Ehinehart, ojiveu before 
your committee on Friday last, in wbicb be sajs tbat Mr. D. C. Forney told bim tbat 
be was to paj' me one-tbird of oue-balf of tbe profits realized from a contract awarded 
to Mr. E. F. M. Faebtz. I desire your conmiittee to examine Mr. D. C. Forney aud Mr. 
E. F. M. Faebtz in relation to said cbarges, wbicb, as far as I am concerned, are 
basely false ; and, iu connection tberewitb, I beg leave to state tbat I never bad to tbe 
value of one cent's interest in tbis or any otlier contract under tbe board of public works 
or tbe District government, and tbat I bave never received a dollar, directly or indi- 
rectly, from any contractor or from any person connected witb any contract under said 
board of public works or District government dnriug tbe time tbat I was a member of 
said board or siuce my retirement from said office. 

By commuuicatiug tbe foregoing statement to your committee, you will greatly 
obli>e, 

Very respectfully, your obedient servant, 

"^ ^ "^ S. P. BROWN. 

Hon. Wm. B. Aixisox, 

Chairman Joint Conijrcssional Committee Investigating Didrict Affairs. 

Q. That you give as your statement under oath? — A. Yes, sir. 

Charles E. Barney recalled. 
By Mr. Wilson : 

Question. Have you seeu the original papers, copies of which purport 
to be set forth on page 2204 of the testimony ? — Answer. I have seen the 
Unal estimates for that work. 

Q. Have you seen those original papers that are set forth there ? — A. 
O, yes, sir ; I have seen those. 

Q. Did you assist in making any measurement of that work f — A. No, 
sir; I think not. 

Q. Why did you not ? — A. I suppose it was not called to my attention. 

Q. Did you know anything about it at all ? — A. Well, I am not able to 
say positively, but I think not. 

Q. Have you any recollection of ever having seen that until your 
attention was called to it during this investigation? — A. No, sir; I 
think not. 

Q. You will see there the indorsement made on this paper is: "Messrs. 
Oertly and Barney will have these measurements made at once, and 
report. (Signed) A. B. S." Did those papers come into your hands lor 



TESTIMONY OF CHAKLES E. I5ARXEY. 2329 

making any such measurements '?-^A. "Well, I would not like to swear 
positively that I never saw that, lor I may, possibly ; but 1 have for- 
,i;otteu it, if I did. I certainly did not assist in making the measure- 
ments. 

Q. If you had been called upon to measure as many streets as are set 
forth in "that document, do you thiuk you would have been very likely to 
have foruotten all about it,^sir ?— A. Xo, sir; 1 do not think I should. 

Q. What do you know in regard to any such measurements having 
been made, if you know anything about it ? — A. 1 do not know any- 
thing about it. 

Q. Do you know whether 'Slv. Oertly was making measurcineuts or 
not .' — A. Yes, sir; I think he was. 

Q. Do you know how he happened to go out to make measurements ? 
— A. I suppose he was directed to do so. 

Q. By whom ? — A. Well, sir, I am unable to say who directi'd him to 
make those measurements; I suppose some member of the board. 

Q. What is your impression about that ?— A. I presume Governor 
IShepherd did. 

Q. Do you know of other instances where Mr. Oertly was sent out in 
like manner to make important measurements .' — A. Yes, sir; all these 
tinal measurements were made by Mv. Oertly and signed by myself, 
iind a great many measurements, or some measuremenrs of Taylor and 
Filbert ; some of Albert Gleason ; a few, I think, of (Jeorge Follausbee, 
A\ere made by ^Ir. Oertly. 

(}. Who sent him out to make them .' — A. I presume the vice-presi- 
ilent. 

Q. It was not done, then, regularly through the engineer department, 
and in the ordinary usual course of business ? — A. The linal vouchers 
were- 



Q. But I am speaking about those other \ouchers ? — A. Xo, sir ; I 
think not. 

Q. The linal vouchers, I presume, went through your ottice ? — A. The 
thing might be regular and not go through my hands; the thing might 
be regular and go through ^Ir. Oertly's hands. 

Q. But I am trying to get at who it was who sent ^Ir. Oertly out to 
make these measurements ". — A. I presume it was Governor Shei)herd ; 
I do not know \)Ositively about that. 

Q. Have you looked through Mr. Cluss's figures that he presented to 
the committee in his testimony ! — A. Y'es, sii'. 

Q. What do you say as to their accuracy or inaccuracy ? — A, The fig- 
ures which he presented on these avenues are co[)ies of our vouchers. 

Q. Tliey are correct'.' — A. Y'es, sir; 1 presume they are. 

(^. What do you say as to the other figures that he has presented to 
the committee? — A. if you will specify some particular matter, 1 will 
reply. 

Q. Y"ou have seen statements and tables that he made out here in 
regard to sewers, «S:c. ; have you examined those ? — A. Y'es, sir. 

Q. Are they correct or incorrect ? — A. They are correct. 

Q. Do you know who made the measurements of flagging lor John O. 
Evans ? — A. ]\Ir. (Jertly, I think, made most of them. 1 have made one 
I am sure of, that is B street; that is the only one 1 rccoHect of making 
myself. 

(). ])k\ you see the testimony of Mr. Cluss, in making up the cost of 
tlagging at B-strcet circle — did you see a statement as to the kind of 
Stone that was to be used iu that flagging ? — A. I may have seen it, but 



2330 AP^FAIRS IN THE DISTRICT OF COLUMBIA. 

I liave forgotten about it now ; in fact, I know but very little about that 
flagging; it was something entirely out of my way. 

Q. But you have been about this city a good deal, I presume ! — A. 
O, yes, sir. 

Q. I will read to you this, as appears on page 2182 of the record : 

New York, Jjml 28, 1873. 
Gentlemen: We have a lot of selected bluestone flaggiug, say about tweuty to 
twenty-five thousand feet, from 2^ to 4 inch thick, even 4 feet lengths, and from 2i^,- 
feet to 4 feet wide, planed to an even surface, such as is used here for first-class work. 
We will deliver the same to you on wharf, Washington, D. C, at seventy-five cents 
per scxuare foot. Delivery to be complete within thirty days. Awaiting your reply, 
We are, geutlemen, very respectfully, your obedient servants, 

VAN BRUNT & BROTHER. 
Hon. BoAKT) OF Public Works, 

Washington, D. C. 

[Intlovseniout.] 

Board of Public Woi:ks, District of Columbia, 

Washington, April 30, 1873. 

Respectfully referred to the engineer in charge for report. This will be necessary 
for the P-street circle, if the price is a proper one. 
By order of the board : 

EDWARD JOHNSON, 

Chief Cleric. 



Board of Public Works, District of Columbia, 

Washington, May 0, 1873. 
Gentlemen: You are hereby requested to ship to this board from twenty to twenty- 
five thousand feet of bluestone flagging, from 2^ to 4 inches thick, even 4 feet lengths, 
and from 2^^ to 4 feet wide, and to be delivered at the wharf in this city within thirty 
days, at seventy-five cents per square foot. 
13 y order of the board : 

EDWARD JOHNSON, 

Chief Clerk. 
Messrs. Van Brunt & Bro., 

7.5 South Street, Xew Yorl: 
True copy : CHAS. S. JOHNSON, 

Secretary. 

The P-street circle is completed; otherwise the price is reasonable, if (quality is as 
represented; it will cost us only about 15 cents additional per linear foot for jointing. 

ADOLF CLUSS. 

Q. Now, I wish you to state to the committee whether the kind of flag- 
ging that is specified in this letter of Van Brunt & Brothers is the kind 
of flagging that has l)een put down by John O. Evans in his work about 
this city? — A. Judge Wilson, I am not familiar at all with the different 
kinds of flaggiug, although I would like to answer the question if I 
could. 

Q. Have you not seen the flaggiug down on B street north ? — A. Yes, 
sir. 

Q. There is a large quantity of it laid there ? — A. Yes, sir. 

Q. Is that plain flagging, or has it a rough surfocef — A. 1 think that 
is a rough quarry-faced flagging. 

Q. How is it across the mall ? — A. I think that is the same. 

Q. How is it about the Botanical Garden and down here on Mary- 
land avenue"? — A. 1 think that also is quarry-faced flagging. 

Q. How is it at Mount Vernon Place I — A. 1 do not know ; I have for- 
gotten. 

Q. Did you see the flagging that was put down on P-street cii'cle ? — 



TESTIMONY OF CHARLES E. BARNEY. 2331 

A. I may have seen it at the time, but I did uot pay any particular at- 
tention to it. 

Q. This tiago-iuo- tliat we have Just been talkinf^' about — is that of even 
four feet lengths, from two and four-twelfths to four feet witie, or is it 
miscellaneous sizes '. — A. I have never noticed this flagj^ing ; I am not 
able to speak definitely about any of it. I know that there is a ma- 
chinery-dressed llao'ging and a rough flagging, but as to the difterent 
sizes I am not able to say. 

Q. How much machinery-dressed flagging have you ever seen about 
this city ? — A. I have seen some in front of the I'atent-Oiiice and around 
the Post-Oiilice ; that is the only ])laco I recollect. 

Q. Have you seen any in anj' place else about this city ? — A. I do not 
think of any other place. This matter of flagging I actually have had 
nothing to do with. 

Q. I only asked you the question with regard to it, because of your 
familiarity witli this city. — A. I never made any measurements of flag- 
ging. I have had very little to do with it. I have noticed nothing of 
the sizes. If 1 had been over it and made the measurements, I could 
probably answer that question intelligently. 

By Mr. Stewart : 

Q. You say that this measurement, made by Mv. Oerth-, you suppose 
was made by order of the vice-president ? — A. Yes, sir. 

Q. And tiiat you never knew the fact that in the indorsement on the 
back of it, directing a survey to be made, it was referred to ^Nlr. Oertly 
and Mr. Barney for that purpose ? — A. Mr. Oertly may have shown that 
to me; I would not sa^' that he did not. 

Q. You and Mr. Oertly were in the same office ? — A. Yes, sir ; he may 
have shown that to me, but I am certain I never made the measure- 
ment. 

Q. You are both engineers in the same office ? — A. Yes, sir. 

Q. When you were jointly ordered to do a i3iece of work, would you 
let the other know about it ? — A. I would, certainly ; yes, sir. 

(.}. You knew that he was doing the work? — A. Yes, sir; I presume 
I did. I have forgotten the circumstance ; I presume I knew of it at 
the time, but I have forgotten it. 

Q. There was nothing about it to attract your special attention so as 
to make you remember particularly ? — A. No, sir. 

Q. Nothing of an unusual character that would make you remember 
it specially ". — A. No, sir. 

Q. It was for preliminary and partial measurement, was it? — A. I 
am unable to say about that ; I i)rcsume, however, it was. 

Q. It appears to be a partial measurenu'ut. ])o you know whether 
there has been a final measurement made of that work ? — A, 1 think 
there has been a final measurement made of the most of that work, for 
1 think I have approved and signed most of these vouchers. 

Q. You .say you sometimes signed vouchers of ]\lr. Oertly's work? — 
A. Yes, sir. 

Q. Were they correct or not — those you signed ? — A. I suppo.sed them 
to be correct. 

Q. You would not have signed them if you had not thought they 
were correct? — A. No, sir; 1 should not, by any means. 

Q. Have you any reason now to sup[)ose they were not ('(irreet.' — A. 
No, sir; J have not. 

Q. Tlien there is no i)artienlar point in their ha\ing been made by Mi'. 
Oertly, and signed by you .' — .\. No, sir. As a matter of courtesy, I 



2332 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

would sign the measurement of Mr. Oertly, and I suppose he would do 
the same thing for me. I think he is capable of making a proper meas- 
urement as much as I am myself. 

Q. You do not know that anybody has been injured by it ? — A. Xo, 
sir. 

Q. That was a habit in the office ; he would sign yours and you his, 
as a matter of course! — A. Yes, sir. 

Q. You were working together in the office? — A. Yes, sir. 

Q. Did Governor Shepherd ever rc<]uest you to survey up work your- 
self ? — A. Yes, sir. 

Q. He was the executive officer of the board ? — A. Yes, sir. 

Q. And the application for surveys came to him directly, did they 
not f — A. Yes, sir. 

Q. If he hap]>ened to meet either one of you, would it not have been 
a ver}' natural thing for him to hurry you about your surveys ? — A. Yes, 
sir ; he would usually send me a note on the back of a card, perha[fls, 
and tell me that he wanted some one measurement hurried up, or some- 
thing of the kind. 

Q. Would he send it to you or Oertly, or both of you? — A. He 
usually sent those things to me, because I usually made the measure- 
ments. 

Q. He usually sent them to you ? — A. Yes, sir. 

Q. Did he ever direct you at all how to do it, except to get it done? — 
A. No, sir. 

Q. Did you ever know of his giving any direction as to how surveys 
should be made, except to hurry you engineers up so that the settlement 
could be made ? — A. jSTo, sir. 

Q. Did you ever hear of his intimating to any engineer any way to 
make it except to hurry it up and do the work? — A. Xo, sir. I will 
say, however, in this connection, that whenever Governor Shepherd, as 
vice-president, and since Mr. Willard has been vice-president, and when 
Mr. Mullett was chief engineer, Mr. Phillips, or Mr. Cluss, whenever 
either one of those persons sent me a request to make a measurement, 
I invariably consulted those persons, and then, if the thing was not right, 
I had the responsibility off my shoulders. 

Q. When Mr. Willard, or Mr. Shepherd, or any of the members of 
the board sent you an order to survey, you did whatever A. When- 
ever they sent me an order directly, giving my name, I would invaria- 
bly consult Mr. Mullett, Mr. Phillips, or Mr. Oluss about it. 

Q. You consulted with your chief? — A. Yes, sir. I knew it was my 
duty to do that, so that, if there was anything wrong, I might be freed 
from responsibility. 

Q. You do not think there was anything wrong about a request to 
make a survey? — A. Certainly not, sir, in the least. 1 only did that as 
a matter of formality. That is the way I have been brought up. 

Q. Suppose he spoke to you as you were going along, and asked you 
to hurry up the survey. — A. I should do that by all means, or oflter to 
do it. 

Q. Suppose he spoke to you about there being other work ahead that 
ought to be done, if he met you, or any one of you, would you go to 
Mr. Cluss to speak about it ? — A. No, sir. Perhaps after I had it done 
I would tell him that the governor ordered me to do so and so, and that 
I had done it. 

Q. Then the executive officer of the board is in the habit of calling 
upon the surveyor's office, and hurrying them up pretty constantly for 
work? They were pretty well i^ressed, were they not? — A. Yes, sir. 



TESTIMONY OF CHARLES E. HARNEY. 2333 

Q. And lie was pressed l)y applications for those surveys 1 — A. Yes, 
sir. 

Q. AVben a contractor bad some work ready for measurement be was 
very anxious tbat it sbould be measured ' — A. Yes, sir. 

Q. Tbe final certificates were all si<;iied by you, were they?— A. They 
have all been signed by me, neaily all of them, since xVpril, 1873 ; I 
think about a year ago.*^ Before that time Mr. Forsyth was measurer 
for the board. 

Q. Before that Mr. Forsyth did so .'—A. Yes, sir. 

Q. It was his duty ? — A. Yes, sir. 

Q. It has been your duty since you have been the head of it ? — A. 
Y'"es, sir. 

Q. Xobody has signed a final vonclicr without yonr approbation '. — A. 
I think in some cases. I think ^Ir. Forsyth was detailed last summer 
or fall by the governor to make some measurements for C E. Evans ; 
those 1 know nothing about. 

Q. Final measurements? — iV. Yes, sir. 

Q. Who certified to them ?— A. :Mr. Forsyth. 

Q. ^Vere they not certified also by Mr. Cluss ' — A. 2So, sir; 1 think 
not. 

Q. What was that? — A. For most of the Evans concrete work on 
Connecticut avenue, M, N, and L, and the streets in the First ward. ^ 

Q. Have you tested it to see whether it \\as correct or not? — xV. Xo, 
sir; I have not. 

Q. Have you paid any attention to this measurement on Twelfth 
street? — A. No, sir; none whatever. 

Q. Have you looked it over? — A. Yes, sir; at the request of Gov- 
ernor Shepherd I did that with Mr. Blickensderfer. 1 went to the Eb- 
bitt House Saturday night, 1 think. 

Q. Have you remeasured it ? — A. No, sir ; 1 have not. Mr. Forsyth 
made that measurement. 

Q. Who made the cross sections ? — A. I did. 

Q. In making the cross-sections, what did you do at the intersections ? 
How were those cross-sections made; what did they include? — A. The 
cross-sections were commenced at rennsylvania avenue and running 
all the way through to the Boundary. Twelfth street was one of the first 
streets finished, and Mr. Clephane laid the intersections of all the other 
streets; consequently, we laid the cross-sections right straight through 
across the other streets. 

Q. And the cross sections show that? — A. Yes, sir. 

Q. So that includes Twelfth street, right straight through the whole 
of it? — A. Yes, sir; with the excei)tion, 1 think, of New York avenue, 
which was laid before. In fact, there was no grading dcme there, at 
any rate. 

Q. There is a i)retty heavy cut through Twelfth street ? — A. Yes, sir. 
There were two points, one between (i and H, a cut of about 8 feet, and 
a point between K street and M street. That was something like G or 
7 feet in some i)laces. Then the measurement ran up to 1* street. 

Q. What shows the depth on that i)rofile? — A. The cross-sections 
show that. Those I find I have not here. At the corner of L street the 
center of the street was '.>L' feet and ^''\, ; that is the elevation above tide- 
water. The new grade now is .S.")|',,, showing thcie is 7,\, feet cut at 
that point. That would be about '.>.\ feet cut on Massachusetts avenue. 
The deei)est cut is between K afid .M streets. This knoll was cut 
right off. 



2334 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What was the greatest depth at the middle! — A. I think about 8 
feet was the greatest depth at any point. 

Q. Has it been done precisely according to that survey ? — Yes, sir. 
These grades which I have shown you were taken within the last six 
months, and checked over to be sure they were right ; we have checked 
them over to get a correct record of them ; we have a map showing all 
the grades of the city ; the work was done according to the grades there 
provided for, and we have checked it over since. 

Q. Do you know anything about that contract, as a matter of fact — 
whether tliere was an extra grading outside on other streets that was 
included? — A. I only know at the intersection of Massachusetts ave- 
]uie, but I do not know the circumstance. I simply know that Mr. Cle- 
phane cut away there, I thiuk, at the southeast corner of Massachusetts 
avenue and Twelfth street ; he cut out to the building-line or beyond 
the building-line, for the accommodation of some one of the property- 
owners, and at the time we were setting curb-stakes there we made a 
measurement of that, and it is 744 yards. 

Q. In measuring, this grade goes to what point, as far as the side- 
walk or to the building-line 1 — A. To the building-line. 

Q. The grading goes through the streets, then ? — A. Yes, sir ; it goes 
all the way from one building-line to the other. 

Q. There are some places in the city, you know, where they have only 
graded it to the sidewalk ? — A. There is one place on Twelfth street, 
between G and II, the property-owners objected to having it cut down 
square to the building-line, and there was a small terrace put in — some 3 
or 4 feet, I should judge. 

Q. Then this measurement goes from building-line to building-line ! — 
A. Yes, sir. 

Q. You have not reflgured the work to see how you came out? — A.. 
I never figured it until Mr. Blickensderfer sent this to me. Since he 
sent to me for the cross-sections I have plotted it up and worked it out, 
and gave him my figures ; these cross-sections were taken in January or 
February, 1872, and I have done nothing with them ; they have been 
lying in the office. I have done nothing with them until Blickensderfer 
came to me and wanted them. Whenever he has wanted any informa- 
tion of that kind about cross-sections we have always plotted them for 
him — made a little map for him, figured up the contents ourselves, and 
then passed them over to him, to save him work. He could go over the 
figures afterward, and if they were not right he could make them right. 

Q. The figures agreed ? — A. Y'es, sir. 

Q. How do you account for the ditference between the voucher and 
the survey "? — A. Well, sir, I do not know ; I suppose Mr. Forsyth used 
his own judgment, as I should have done if I had had no cross- 
sections. 

Q. How did he make the survey; did he have your cross-sections? — 
A. No, sir ; I think not. 

By Mr. Wilson : 
Q, Could he have had them if he wanted them ? — A. He could have 
had them if he had applied at tlie office for them. 

By J\lr. Stevi^art : 

Q. This was under Mr. Phillips ; he was the engineer ? — A. Yes, sir. 

Q. What relations were there between your office and Mr. Folrsyth's 
office? — A. I thiuk the relations were very pleavsant. Mr. Philips and 
Mr. Forsyth used to have a spat occasionally, but I do not think there 
were any hard feelings between them at all. 



TES'ilMONY OF CHARLES E. J5ARNEY. 2335 

Q. When ^Ir. Forsyth made a measurement, did he take your cross- 
sections usually to li>:ure it up from ?— A. No, sir; 1 think not. Some- 
times I have given when he has requested it. 1 have sometimes made 
a measurement of a grading, and handed it over to him, and he has iji- 
corporated that in his vouchers. 

Q. But on this occasion he did not have the cross-sections at all? — A. 
No, sir. 

Q. How did he make the measurement wliicli he uieasured after the 
work was done — how did he make the measurement without the cross- 
section? — A. I have had to do the same thiug myself, sometimes, and I 
have done the best I conhl ; I supi)ose he did the same. 

Q. There is just as much eviden(;e now to show what it was originally 
as immediately after the work was done? — A. No, sir; I think not. The 
banks have been cut down more or less. Where the street has been 
terraced the terraces have been reduced two or three feet, so that they 
would not show the height of the origiual cut. 

Q. Immediately after the work was done, or at the time he measured, 
could he see the height of the original cut ? — A. Yes, sir ; I presume so. 

Q. You took cross sections on the street ; how did the street compare 
with the banks at that tiuie; had it been graded at all, or was it level 
with the natural ground ? — A. The street was uniform with all the old 
streets, of al)out tlje same character ; the curbs were set, and the street 
in the center was crowned nj) about a foot and a half. 

Q. Was it lower or higher than the ground on either side, taking the 
average ? Now, I want to ascertain if a man went there, attempting to 
get at it, whether, there being no cross-sections, he would be most likely 
to make the quantity less or greater — that is to say, would the sur- 
roundiug ground furnish a good imlex or not ! — A. 1 think it was a very 
ilitiicult street to measure without cross-sections, from the fact that the 
street was — that there were short, sharp rises and grades. For instance, 
there would be a cut of eight feet in the middle of the square and noth- 
ing at either end, and a man would have to average that all over the 
street the best way he could, which was a very diflicult uuitter. 

Q. Without cross-sections at either end there might be none at all, 
but the surrounding ground wouhl indicate that it was pretty nearly 
level ? — A. Y'es, sir. 

Q. And they would not know the fact that the intersection had been 
graded up from the surrounding ground accurately ? — A. No, sir; I do 
not think they would. 1 think it was a very hard i)iece of work to 
measure. I think any man was liable to err who used his own judg- 
ment. 

Q. Did you ever call the attention of Mr. Forsyth to the fact that you 
had thesecross-sections; did he ioiow you had them ? — A. One of the 
first orders 1 received from ]\Ir. ]Mullett, when I came here, was to make 
cross-sections, and 1 think Mr. MuUett directed I\Ir. Forsytii at that 
time — I will not be positive about tliat, but I think Mr. Mullett direct- 
ed Mr. Forsyth to use these cross-sections in his measurements. As 1 
say, 1 will not be positive about that, but I know tiiere was something- 
said about it ; but very often, if !Mr. Forsyth had come to our otiice tor a 
cross-section, lie would not Inive got it, because we did not have it. 

(}. A great many times you did not have it ? — A. A great many times 
we would not have it, because it was im[)ossible for us to get them on 
account of want of tinu;. 

(}. Did you have this in the otiice where he could have got it at the 
time he made the measurements ? — A. Yes, sir. This was in the oOicc 
at the time he made his measurements. 



2336 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Have you any reason to suppose that be knew it? — A. I do not 
know whether he did or not. 

Q. They weie sort of independent institutions, these two offices? — A. 
Yes, sir. 

What difference did you make in the amount? — A. I have not that 
amount here, sir. 

Mr. Wilson. It will be found on page 22G0. 

The Witness. Mr. Blickersderfer makes it 20,437 yards, aud Mr. 
I'orsyth 41,000 yards. 

Mr. Stewart. He makes au overestimate for grading, supposing 
all the grading is to be paid for to the grading contractor, 14,44L 
yards? — A. Yes, sir. 

Q. "Allowed to contractors, 43,870 yards ?" — A. "Allowed to con- 
tractors, 41,000 yards." You are looking at East Capitol street. This is 
just above that. 

Q. Without deducting two feet, it is 14,000 yards? — A. Yes, sir. 

Q. That would be just about what you would flud, averaging it up ? 
— A. I am unable to answer that question, 

Q. How near would it come ? — A. I see Mr. Forsyth made a general 
average ; I suppose the same as I would. He, for instance, would go 
over the street, aud, looking at it carefully, may have said the grading 
there was three or four feet deep all over it; and I may have said, walk- 
ing over it, that it was 2i or even 5 feet. 

Q. What depth would it make it to bring out his quantity on Twelfth 
street — what average depth ? — A. About four feet. 

Q. Did you ever measure up for contractors' work that they had 
doue? You say that you have measured it frequently when you had no 
cross-sectious ; did you ever measure up wheu you did have cross-sec- 
tions? — A. Doubtless. 

Q. Did you ever allow them any more than was coataiued in the 
cross-sections? — A. No, sir. 

Q. Wheu you did not have cross sections, you had to guess? — A. I 
had to do the best I could. I had to use my own judgment. I think 
my judgment is perhaps as good as any one's on that, and I suppose 
every other engineer thinks the same. 

Q. It is a mere matter of judgment ; anybody in the world might be 
mistaken without cross-sections ? — A. Yes, sir. 

Q. Is it possible to go out here aud measure the amount of grading 
upon any one of these streets without cross-sectious ? — A. No, sir ; not 
accurately. 

Q. You might approximate it very nearly and you might be a good 
ways from the mark ? — A. Yes, sir. 

Q. In this instauce you do not know whether he knew you had any 
cross-sectious or not ? — A. No, sir ; I do not. 

Q. There was no communication between the two offices, so that what 
you had would be in his possession as a matter of business routine ? — 
A. No, sir. 

By Mr. Wilson : 

Q. Was Mr. Forsyth no part of the engineer's office ; was he an out- 
sider measuring up work ? — A. Mr. Forsyth had au office in the city 
hall, and used to do most of his business there. 

Q. Was he au outsider, entirely disconnected with the engineer's de- 
partment? — A. O, no, sir. 

Q. There was no particular difficulty in his getting hold of these cross- 
sections ? — A. He could have had them if he had come for them. 



TESTIMONY OF ('liAJ^.KS E. IJAKXKV. 2337 

Q. But be dkl not coino for them ? — A. Xo, sir, 

Q. Was be one of the assistants of tbe eng-ineei's department 7 — A. 
Yes, sir. 

Q. Has be been measurinii- up a good deal of work :' — A. Yes, sir; be 
lias measured uj) considerable work. 

Q. Lie is tolerably familiar with tbe atfairs of tbe engineer's ollice .' — 
A. Yes, sir; I tbink so. 

Q. Is be frequently tbere ? — A. AVell, of course, not as mucb as tbe 
rest of us : but be is tbere, out and in. 

Q. Tbere was no ignorance on liis part about wbat you bad about 
tbat office ; you did not conceal from bim that you l)ad cross-sections '? — 
A. No, sir ; not by any means. 

Q. Wbat do you say about East Capitol street? — A. East Capitol 
street was one of tiiosc unfortunate tilings, like New Hampsbire 
avenue. Tbere were tbree or four contractors down tbere. Tbe first 
contractors got quarreling among tbemselves, and tbe contract was 
taken away from tbem, and Mr. l)anenbower was sent out to make a 
measurement. lie made tbem a measurement of about 1 1,()(K) yards. As 
I understand it, afterward tbat contract was awarded to Walsli & Glea- 
son, and ^Ir. Forsytb made a measurement of of 32,000 yards. They 
were both partial measurements, and, in making up tbe final measure- 
ments, both those partial measurements were added together, whereas 
they should not have been. 

Q. That is the way that came about 1' — A. Tbat is the only explana- 
tion I can make of it. 

Q. Well, it is wrong, is it not ? — A. O, certainly, sir. 

(i. And tbe proi)erty-holders have been largely overcharged, then, 
for work done on that street ? — A. Yes, sir. 

Q. Is there any (juestion about that? — A. No, sir; I do not tbink 
there is. 

Q. There is a large overcharge for curl)ing, is there not, as well as on 
Twelfth street ?— A. Yes, sir. 

Q. Mr. Forsyth happened to get mixed into tlmt thing in some way 
or another? — A. I do not know about the circumstances. I was away at 
tbe time. I have bad it called to my attention since. Mr. Oertly, I 
think, signed tbat voucher, and he and I have looked tbe matter over, 
and I think that is the way it occurred. I think there is no doubt about 
it. 

l>y tbe Chairman: 

(}. AVho made the final estimate? — A. The final estimate is signed by 
3Ir. Oertly ; but tbe estimate was made linally in portions; that is, the 
grading was made final at one time. The curb and tbe wooden pave- 
ment, and all of those partial estimates, were put together, and made a 
hnal estimate of. In that way the thing got very much mixed up. 

By 31 r, Wilson : 

Q. You say 3Ir. Oertly signed tbat paper. Is it or not the fact that 
the engineer is compelled necessarily to lely upon his assistants ? — A. 
Yes, sir ; of course it is. 

(i. And is it or not the fact that when one of your assistants has gone 
out and gone over the street or the avenue and made ai measurement, 
and he comes back to you for your in<lorsement of bis measurement, tbat 
you sign that as a matter of form, relying upon the accuracy of Jiis 
\vork ? — A. I woidd test those engineers' measurements until I found 
they were careful and accurate men, and then, after having done 
that, if a measurement of theirs came in, I would certify it at the time, 
117 D c T 



2338 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

because I ciin readily uuderstaiid liow a man cau certify to a voucher 
Avliicli he conceives is right at the time, and sign it, and afterward find 
out it is all wrong. 

Q. That is a thiug that may often occur ? — A. Yes, sir. I would not go 
back on one of mj- boys when he brought in a measurement. I have so 
much confidence in every one of them that I believe they will do the 
best they can. I believe they would cut off their right hand, either of 
them, sooner than make a fraudulent measurement. 

Q. And so, having confidence in them, when those papers are presented 
to you you indorse them, takiug it for granted that they are cor- 
rect ? — A. Yes, sir ; I do. 

Q. Were you sent out recently by Governor Shepherd to make a meas- 
urement of some of Mr, Oertly's work — this work that has been referred 
to here in Mr. Cluss's testimony f— A. Yes, sir. 

Q. Did you have any cross-sections with which to make that meas- 
urement"? — A. No, sir. 

Q. Have there ever been any cross-sections made there ! — A. Xo, sir. 

Q. Has there been a large amouut of work done there? — A. Yes, sir. 

Q. What is the character of it ? — A. Grading. 

Q. Cutting through a hill? — A. Yes, sir; it is cuttiug through a hill. 

Q. Do you know the purpose for which a large amouut of that exca- 
vation was done there ? — A. I think all that excavation was hauled into 
the canal. 

Q. Was there any sand or gravel got out of there? — A. Well, it 
has that appearance. There are large holes dug there, six or eight feet, 
perhaps, or more, below grade. 

Q. Which will have to be filled up again ? — A. Yes, sir. 

Q. Was there not a mistake there "? — -A. Yes, sir ; I am sorry to say 
that I found a mistake there of Mr. Oertly's. 

Q. Of over $4,000 in 817,000 ?— A. Yes, sir. 

Q. Did you measure any of the other places that Mr. Cluss spoke 
about in connection with that matter? — A. No, sir. 

Q. Were you directed to make auy other than that ? — A. No, sir. 

Q. After you made that you quit '? — A. Yes, sir. 

Q. You do not know whether the others were right or not f — A. No, 
sir. 

Q. Was that measurement made by Mr. Oertly a regular or irregular 
measurement? — A. Well, it was one of that kind of measurements 
where he was directed by the governor to make it ; at least, I presume 
it was by the governor. 

Q. Do you know anything in regard to these measurements that 
were made by Mr. Oertly of work that was done last summer around 
Government property, on account of which the District government is 
now seeking to get an appropriation? — A. No, sir,- I know nothing- 
whatever about it. 

Q. Did you have anything to do with it f — A. No, sir. 

Q. Did you know that Mr. Oertly was making them ! — A. Yes, sir; I 
do not think I knew it at the time ; I may have heard afterward 
that he was with Colonel Samo and Mr. Forsyth measuring u^i Govern- 
ment work. 

Q. Was that work that wns being regularly done under the supervis- 
ion of the engineers oftice, or was it done under the order of the gov- 
ernor or vice-president, so far as Mr. Oertly was concerned? — A. I do 
not think I understand your question. 

Q. Was Mr. Oertly acting under the direction of the engineer's office, 



TESTIMONY OF CHARLES E. HARNEY. 2330 

or was he acting- nnder the direction of the jLjovernor or vice-iiresidenr .' — 
1 think he was actiiij;- under the direction of Governor Sliei)herd. 

Q. Do you remember of liis bringin^i;- in his reports; did you ever see 
them ? — A. Xo, sir. 

Q. Was there any data in the engineer's oflice by which you could 
have sat down ami tested the accuracy of what Mr. bertly, Mr. Samo, 
and Mr. Forsyth had done .' — A. So lar as the work was done by the 
board, and so far as the matter of jjradin.q- — and we had cross-sections — 
1 could have tested the accuracy of this wood i)avement, or anythinf? of 
that kind ; vre couhl have made a measurement for tlic Government 
as well as for the board. 

Q. Did you have the data in your oflice by Avhich you could test the 
accuracy of it ? — A. I think not, in all cases; no, sir. 

Q. So that, in making any approval of these measurements that were 
brought in by Mr. Oertly, by ]Mr. Class, or by yourself, if you happened 
to do any of it, you would have to rely upon 31 r. Oertly alone, would 
you, or measurably so? — A. Yes, sir. 

Q. now long would it have taken you, as an engineer, to have taken 
the amount of work that has been referred to in that connection and 
have tested its accuracy :' — A. 1 can hardly answer that question ; it is 
difficult to say. 

Q. A\'ell, about how long do you think it would have taken ; you 
know something about where this work was dojie, do you not ? — A. Yes, 
sir. The work was scattered in such shape and payments were made in 
such shape, the work was apportioned between the property-owners 
and the Government in such a way, that it was a very difticult matter 
to get at it; still, so far as the quantities are concerned, in a great many 
cases, or perhaps a large majority, I could have accurately measured 
the work. 

Q. I am speaking about how long it would have taken you, taking 
that just as it was — yon had to appoition that to the Government, set 
apart to the private property that belonged to the private property — 
how long would it have taken you as an engineer, after Mr. Oertly had 
brought these estimates into the ollice, to have tested the accuracy of 
that work ? — A. It would not have taken a great while if we had only 
com]»ared them without vouchers. If wo had had to have gone over 
and remeasured it, it would have taken some time. 

Q. Xow, Mr. Oertly having gone out on the ground, by the direction 
of the governor, and reported these measurements, or estimates, or what- 
ever you call them, would you, as an engineer, have felt justified in in- 
dorsing them ap])roved if you had been called upon to do so ? — A. Well, 
sir, I do not think I should have hesitated at all, if 3Ir. Oertly should 
bring a measurement to me, and tell me that it was all right, in api»rov- 
ing it. 

Q. And if it turned outto be all wrong, yon should not have regarded 
yourself as the res[)onsible party .' — No, sii-; I should simply have 

By ]\Ir. Stewart : 
(}. I have this voucher for East Capitol street ; take it, if you please, 
and explain how you think that mistake occurred. — A. This first 
measurement for William A. Fletcher was nmde at the time their con- 
tract was canceled, July liL*. I was away at the time, but this was 
made by one of our assistants, Mr. Danenhowcr, 11,400 yards of grad- 
ing, certihed to by Mv. Oertly. Then the contract was awarded to 
Walsh «S: (ileason to linish it nj), and this was measured Xovendjer 
1, ISTl*, by Mr, Forsyth, and here llicic is .'ILMTO yards. Now, I pre- 



2340 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

sume that amoniit includes this 11,400 yards ; but those were both con- 
sidered as final measurements, and charged against the street accord- 
ingly — 43,000 yards against the street. 

Q. You account for that in the same way as you account for the in- 
tersectiou of is^ew Hampshire and Virginia avenues "I — Yes, sir ; exactly. 

Q. That one surveyor had gone there, and Mr. Forsyth did not know 
that he had been there? — A. Yes, sir. 

Q. Do you regard anything as wrong about that ? — A. I do not. 

Q. But only as one of those natural mistakes that sometimes do hap- 
pen ? — A. Yes, sir. 

Q. You say that you would certify ]\[r. Oertly's work ? — A. Yes, sir. 

Q. You would not if you had thought at the time that there was any- 
thing wrong about it? — A. No, sir; I would not. 

Q. You have been certifying it up to the present time, have you not? 
— A. Yes, sir. 

Q. Do you regard Mr. Oertly as a competent man ? — A. I do. I have 
no reason to think otherwise. 

Q. You have no reason to think but what Mr. Oertly is a square 
man ? — A. jSTo, sir. 

Q. You have considerable knowledge on this subject. I want to know 
whether the measurements which we have here are a fair average of 
the surveys for the measurements which have been made in the city. 
Will the errors which we have before us generally appear in all the 
streets ? — A. Well, sir, I do not know, from the fact that I have never 
tested any of them a second time — either Oertly's or Forsyth's. 

Q. Taking New Ilampshire avenue, Twelfth street, and East Capitol 
street, and those streets which have been measured and exhibited here, 
are they about a fair average of the work of the city? — A. Well, no ; I 
think not. I think most of the work, or a great deal of it, has been 
done accurately, and will stand a pretty severe test. A great deal of 
the work has been done hurriedly, and, as I have testified here two or 
three times, it was utterly impossible 

Q. Have we now, so far as you know, got at the most glaring mis - 
takes, or have we about a fair average of the thing? — A. Well, sir, I do 
not know about that. I do not know but that there are other mistakes. 
I did not know of these until they came out here. 

Q. You do not know but that there are others? — A. I do not know 
that there are others. I should not be astonished if you were to find 
others. 

Q. Nor I either. Do you regard these as mistakes or frauds ? — A. I 
think we are all liable to mistakes, sir; I think I am as liable to mis- 
takes as anybody; I do not consider myself infallible, but what I mean 
is, I do not think anybody has made any intentional mistakes. If they 
are mistakes they are innocent mistakes. 

Q. If there had been any schemes for the invention of mistakes and 
fraudulent transactions, (you have been connected with this from the 
beginnuig,) would you or not have known something about it? — A. I 
think I should have known something about it, since I have had charge 
of the estimates, anyhow. 

Q. You have been connected with it how long ? — A. Since the last of 
November, 1871. 

Q. You have had no reason to have suspicion of the parties who were 
measuring here of any intentional wrong ? — A. No, sir ; I have not. 

By the Chairman : 
Q. You say that you frequently received orders from Governor Shep- 



TESTIMONY OF CHARLES E. BARNEY. 2341 

liord, Avho was vice-presidoutof the board of public works and executive 
ortieer of the board to make measurements ? — A. Yes, sir. 

Q. In all instances you communicated that fact to the engineer in 
charge? — A. I did; yes, sir. 1 Avas particuharly careful always to do 
that. I adopt the same rule with my own assistants ; if they should go 
out and do anything of the kind without my knowledge, I should repri- 
mand them. 

Q. You, therefore, in every instance reported to Mr. Cluss or Mr. 
Phillips, whoever was chief in charge at the time ? — A. Yes, sir. 

i}. Did Mr. Cluss make objections to your receiving orders in that 
way from the executive oHicer of the board ? — A. Xo, sir ; 1 do not think 
he did. "Well, he possibly might have made objections to my receiving 
them. [ misunderstood your ipiestion. 

Q. Did he make objection to your receiving them ? — A. I think he 
did ; yes, sir. 

(}. What did he say .' — A. Well, he said he thought the api)lication 
should be directed to him, and then he wo uld instruct me to make the 
measurements. 

Q. Are those orders generally in writing ? — A. Y'es, sir ; I think they 
are. Occasionally I got a slip of paper or a card from the governor in 
lead-pencil directing me to make a measurement for some party. Some- 
times I made the measurenu^nts. 

Q. And then you passed it over to IMr. Cluss :' — A. Well, 1 would not 
always do that, but I would go and make a measurement and report it 
to ^Ir. Cluss. 

Q. llei)orted it that you did it for the governor? — A. Y'es, sir. 

(^. And he said, sometimes, that these orders ought to come through 
him ? — A, Well, I think he said that at all times. 

Q. What was your rei)ly to that? — A. The reason I always took those 
things to him was, because 1 knew he wanted to see them. If there was 
anything wrong, I would rather it would be between him and the gov- 
ernor than fall on my shoulders. 

Q. Did you ever communicate to the vice-president that Mr. Cluss ob- 
jected to his giving you orders? — A. Xo, sir; I do not think I did. I 
may have done so in one or two cases where I did something at his re- 
(juest, and Mr. Cluss afterward told me that he wanted to see all such 
things. 

(>). Did the vice-i)resident ever direct you in any of those orders, 
either verbally or written, not to comnumicate with Mr. Cluss ? — A. ^S^o, 
sir. 

Q. How do you account for his communicating directly with you 
rather than sending these orders through Mr. Cluss ? — A. Well, sir, I 
do not know, unless he was in a hurry, i>erhai)s, for it. 

Q. He never explained to you in au}' way why it was '. — A. Xo. 

Q. I suppose, if those orders had been addressed to the engineer in 
charge, Mr. Cluss, they would have been proper orders then, would they 
not ? — A. Y'es, sir. 

Q. What would jNIr. Cluss likely have <loiu^ with them .' — A. He 
would, probably", have referred the matter to me to make the nu'asure- 
ments. 

(i. Suppose you ha<l l)een out of the ollicc engaged in making 
measurements, what would he have <lone then '? — A. Jle may have sent 
it to me, or possildy have waited until \ caiiH> in, or directed sonu; of 
the boys, if any of tlu'in were there, to make the nu'asnrenH'ut, and 
|>r()bably ho would Iiunc told me. about it the next time he smv me. 



2342 AFFAIKS IN THE DISTRICT OF COLUMBIA. 

Q. Do you tliink be would ever have asked Mr. Oertly to make meas- 
urements ? — A. Yes, sir ; I know no reason why he should not. 

Q. Did Mr. Oluss communicate to you any doubt as to the ability or 
integrity of Mr. Oertly as an engineer 1 — A. No, sir. 

Q. Did you ever communicate to him any doubt upon that subject ? — 
A. Xo, sir. 

Q. Turn, if you please, to page 2129 of the testimony. There is a 
voucher, or estimate, rather, which seems to have been made by Mr. 
Oertly. — A. I observe it, sir. 

Q. Is that a partial or final estimate"? — A. That is a partial estimate, 
I presume ; all final estimates are put on regular vouchers, and go 
through the office. 

Q. This is a partial estimate "? — A. Yes, sir. 

Q. Now, will you call my attention to the particular street that you 
measured the other day, as indicated upon that voucher ? — A. " E street, 
southwest, from Tenth to Thirteenth, grading and hauling to the canal, 
$17,765.25." 

Q. That is the work that you measured recentl}", is it ? — A. Yes, sir. 

Q. Did you measure the whole of the work done'? — A. No, sir; I did 
not. 

Q. AVhat work did you measure? — A. Only E street, southwest, from 
Tenth to Thirteenth. 

Q, Did you measure all the work done on that street "? — A. Yes, sir. 

Q. All the work that has been done up to this time ? — A. Y'es, sir. 

Q. Y^ou found an overestimate ? — A. I will correct that statement. I 
did not measure all the work that I found down, but I measured the 
work which Mr. Oertly told me he measured. Mr. Oertly was with me at 
the time, and iiointed out what he had measured, and that made the same 
measurement. Between Twelfth and Thirteenth streets was a large 
hole, from which sand had been taken seven or eight or ten feet below 
the grade. I have nothing to do with that. 

Q. You did not measure that ? — A. No, sir. 

Q. Has there been any over-work done there since Mr. Oertly's meas- 
urement ? — A. No, sir ; I think not. 

Q. How much of an overestimate was made there ? — A. I have for- 
gotten. I think it was somewhere between four and five thousand dol- 
lars. 

Q. Did Mr. Oertly accompany you when you made this measurement ? 
—A. He did. 

Q. Did he assist you in making it ? — A. He did ; yes, sir. 

Q. What explanation did he make of his mistake "? — A. Well, he 
simply said it was a mistake, and that he had taken the street as 90 feet 
wide, when in reality it was only about 50 feet. I think he said that Glea- 
aou told him that he would have it all dowii before he asked for another 
estimate, or something of the kind. At any rate, something of that kind 
led Mr. Oertly into that mistake — some promise that Gleason was to do 
the M'ork. 

By Mr. Wilson : 
Q. That is to say, he made the mistake of taking Mr. Gleason's word 
for it, that he would do the work, which was not done ? — A. Yes, sir. 

By the Chaieman : 
Q. This is the piece of work that Mr. Cluss testified to as being so 
far wrong that it amounted to a fraud, is it not? — A. Yes, sir; I be- 
lieve so. 



TESTIMONY OF CHARLES E. 15ARNKY. 2343 

Q. You say that you have ii(»t mfasinvd any of tlic rcmaiiidcr of tliis 
work ''. — A. No, sir. 

Q. Has there been any rtnal estimate made of any of this work .' — A. 
No, sir. 

Q. Do yon kuoAv liow iimch Mr. Gleason has been i)ai(l upon this 
work ? — A. The auditor informs me that there has beeu paid $14:0,000 of 
$148,230 ; so that he has over $8,000 left on tliat work. 

By Mr. Hamilton : 
Q. That is the usual per cent, kept l)ack, is it ? — A. No, sir. I pre- 
sume this $8,000 may apply to that jirading ]»articn]arly, orto sonie par- 
ticular portions of this. 1 see included here is F street, between Sixth 
and Ninth, 1 think that has beeu finally settled for. 

By the Chairman : 

Q. Do you know how much of this work has l)cen tinally settled for ? 
lias this large item of $50,000 been finally estimated ! — A. Yes, sirj F 
j^treet, between Sixth and Ninth, and Seventh street, from E to G-, have 
been finally settled, I think, and also Khode Island avenue ; making 
some $03,000. 

Q. Are you still in the engineer's office? — A. Yes, sir. 

(}. You made some allusion to tables and statements made up by Mr. 
Class in answer to Mr. Wilson's question ; did yon assist in making up 
rliese ? — A. Yes, sir. Mr. Cluss, I think a week ago last Saturday, in- 
formed me that he had been summoned before the committee, and that 
he had some questions to answer, and directed me to helj) him or assist 
him to get these up. 

Q. Which you did ? — A. I did, sir. 

Q. Then you made up these tables and statements from the records 
in your office i — A. I did ; yes, sir ; and assisted him as well as I could. 

Q. That included, of course, the cost of these main sewers ? — A. Yes, 
sir. 

Q. And the cost of the avenues ? — A. Yes, sir. 

ii. And the work generally ? — A. Yes, sir. 

i^. There was a skeleton-map thrown out before the committee that 
day; did you assist in the making of that? — A. That was an assess- 
ment of Pennsylvania avenue. .Air. Cluss directed myself and Mr. 
Danenhower, and our computer, ]\Ir. Alexander, to make an assess- 
ment on Pennsylvania avenue east, from First to Seventh street. We 
did make sncli an assessment. j\Ir. Cluss brought the plan up here ; 
the jjriiicijile is tlie same as that ui)on which all the assessments have 
l)ecn made, excepting that it is a simplilication or modification of it. 

By the Chairman : 

Q. I remember now what yon allude to; you made two assessments? 
— A. Yes, sir. 

(). This work on Twelfth street, that Senator Stewart inquired of you 
about, you have no knowledge of, wliatever '. — No, sii. 

Q. You never measured it yourself? — A. No, sir. 

Q. Could you have made an accurate measurement of that work if 
you had been ai)plied to at the time ? — A. 1 could : yes, sir ; 1 could have 
jnade the same one that 1 furnished Mr. Blickensderfer. 

(^. Did you make the measurement for Mv. Blickinisderfer .' — A. J 
plotted the cross-sections and calculated the (|uantities, and turned 
them over to Mr. Blickensderfei- for him to examine. 

Q. Now, sir, explain, if you i)lease, how you made that assessment. — 
A. In tiie lirst place, we want to determine exactly what the Coveru- 



2344 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

meut pays tlie wliole cost of. For that purpose we drew the center-line 
around this reservation between Fourth and Sixth streets ; we charged 
to the Government everything within those lines. And then we took 
the cost of the street from First street to Fourth street, and from 
Seveutli to Eighth, the total cost, and two-thirds of that amount we 
charged to the Goverument direct. Then we took the number of front 
feet from the center-line of Sixth street to the center-Hue of Seventh 
street ; also the number of front feet from the center-line of Fourth 
street to First street, includiug all the intersections of streets. 
The number of dollars, or rather one-third of the cost between First 
and Fourth and Sixth and Seventh, was divided by the total num- 
ber of front feet, intersections and all ; that gave us a rate of, I 
think, about ten dollars a foot. Then we charged private property teu 
dollars, intersections ten dollars. Government property ten dollars, 
wherever it may be. Take, for instance, the intersection of Third street, 
that is 90 feet wide ; the cost of the intersection would be ten dollars a 
foot, or $900. One-half of that we charged to Third street, and the other 
half to the avenue. In our other way of assessing, the difficulty is that 
there are so many intersections. There are three streets coming in to- 
gether, and we have to tiud the quantity of paving and grading, &e., in 
that intersection, and charge one-third of it to each street. 

By the Chairman : 
Q. Have you ever had any directions with reference to the measure- 
ment of Government reservations and avenues as to exactly what should, 
or should not, be included ? — A. No, sir ; I will simply state that this is 
only my opinion of how an avenue should be done. I will say that the 
statement of Mr. Oertly, w^hich he made, of the assessment ou Pennsyl- 
vania avenue east, and this assessment of ours agree, except we have 
charged to the intersection of streets $20,000, and they have only charged 
$7,000. In other words, the amount due the Government by our assess- 
ment is $232,000 ; but we have charged $20,000 to intersections, and 
they have only charged $7,000 ; so that it brings that up to $14,000 more, 
or makes it $240,000. 

By Mr. Stewart : 

Q. You have been over all these mistakes that were ascertained by 
Mr. Blickeusderfer yourself, and you know where you can get at them 
readily in the record? — A. Yes, sir. 

Q. Cau you make up in a little while a statement from the record of 
these errors which have been detected, and ascertain how much money 
has been overpaid to contractors where they are finally settled with, so 
that the District has lost ; how much the contractors have got by 
reason of the mistakes that have already been discovered in this testi- 
mony f — A. I will do so. You mean the mistakes discovered by Mr. 
Blickeusderfer ? 

Q. All you have discovered in the work where contractors have been 
paid ; all that have been testified to here by you or him. — A. I have not 
tested any of those. 

Q. I mean all that are in proof before the committee. I want to see 
what the aggregate of these errors is in payment to the contactors, how 
much contractors have received in consequence of these errors that 
have been discovered during the investigation, above what they ought. — 
A. 1 will do so, sir. 

By Mr. Stanton : 
Q. In some of the instances in which vou have furnished cross-sec- 



TESTIMOMY OF CHARLES E. r.ARXEY. 2345 

tioiis to Mr. r>lickeiisderfer, luul tlu've not been sonic work done before 
the cross-section was taken ? — A. Yes, sir. 

Q. That was the case in respect to New Hanipjliirc avenne, to some 
extent ? — A. Yes, sir. 

Q. And it was the case, also, on ]\[aryhind avenne, was it not? — A. 
Yes, sir; I presume so. Tlie cross section shows a depression in the 
center of the street; I suppose it was cut out before. 

Q. May it not have been so in others also ! — A. Yes, sir; I presume 
so. 

By Mr. ^Mattincilv : 

Q. Do you know anything about alteration of figures over Mv. Cluss's 
signature, in the account of 8e\'cnteenth street? — A. I know I asked 
our clerk about that, and he said that ^Ir. Oertly Imd put down the fig- 
ures on Seventeenth street, and he had inked those figures over just as 
they were by JNIr. Oertly, so that he would know how it came there. 

Q. That was all the alteration that was made ? — A. That is all that I 
know of; yes, sir. 

The Chairman, [to Mr. Mattingly :] I do not think Mr. Cluss said that 
it was an alteration. He stated that the amounts were inserted, I think, 
after he had made his certificate. 

]\Ir. ^Iattixcily. That is Mhat I understood him, and I understand 
Mr. Barney's statement, it was not an insertion afterward. 

The Witness. 1 will not say that I do not know. 1 asked the clerk 
about it, and he said those figures were put in pencil, and he inked them 
over; when lie did that I do not know. 

By Mr. Mattingly : 

Q. Do you know anything about the mistake testified to by Mr. Cluss 
as made by Mr. Forsyth on M street ? — A. The only recollection I have 
of that was, that myself and one of my assistants made a measurement 
and Mr. Forsyth also made a measurement, and 1 think we came out 
within two yards. How the mistake occurred I do not recollect, or 
what it was. I know there was some trouble about it. 

Q. It was two yards and not 2,000 yards ? — A. I do know that I and 
]\Ir. Forsyth made a measurement, and we came within two yards of 
each other. 

Q. Well, sir, was not that coming pretty' close for two engineers ? — A. 
I should say it was. 

Q. Was that not the amount that was returned, and on whicli the street 
was assessed ? — A. 1 really have forgotten. 

Q. Y'ou do not remember i)ositively ? — A. Xo, sir; I would not like 
to say, because I do not recollect. I know that we made the nu'asure- 
ment, and avc came out within two yards of each other. 

Q. Mr. Class testified as to an error of !Mr. Forsyth in the measure- 
ment of the De (iolyer pavi-ment east of the Capitol ; do you know 
anytliiiig about that? — A. I know that there; was such an error discov- 
ered, an<l that Mr. Cluss went over J'ennsylvania avenue and found that 
there was a discre[)ancy there; but 1 have understood since that time 
that that was owing to the railroad-track not being talicn Qut. 

Q. Do you know anything aljout the error testified to on B street, be- 
tween Second and Third — whether it was not a mere clerical error in 
the carrying out of a figure? — A. I am not positive about that, sir. I 
have understood since that such was the rase. Those eri-ors were 
brought to liglit before I had anything to do with the measurement. 1 
simply recollect that tiiere w<'i(^ snch things, and that they were cor- 
rected, ami I supposed were all right. 



2346 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Were not errors frequent in tlie engineer's office — necessarily so 
from tbe magnitude of the work tbat you were doing — and were tliey 
not mutnally corrected — sometimes corrected in tlie auditor's office, and 
sometimes in your own office! — A. Yes, sir. I do not mean to say that 
we are infallible. I have found errors after I have approved a voucher, 
I have found errors after a voucher has gone to the auditor's office, and 
corrected it there. In many instances I found tbat. 

Q. Bo you remember requesting Mr. Forsyth to measure Connolly's 
work on Massachusetts avenue ! — A. Yes, sir, I did request him to do 
tbat, though I asked Mr. Cluss about that in tbe first place. I told bim 
I had no figures, and I did not feel like making a measurement there, 
because it was such a difficult place. I asked him if I could not send 
the matter to Mr. Forsyth to be measured. He told me to do so, and I 
think ] gave it to one of the clerks, and sent it up to Mr.' Forsyth, and 
ask bim if he would not be good enough to make tbat measurement. 

Q. Mr. Wilson asked you a little while ago about the flagging of John 
O. Evans, in cases where John O. Evans was allowed 90 cents for some 
flagging and a dollar and a quarter for others ; is it not fair to answer 
that they were different kinds of flagging ? — A. I should certainly say so. 

Q. It ought to be, ought it not 1? — A. Yes, sir. 

Q. When you made cross-sections, did you send copies of them to Mr. 
Forsyth ? — A. No, sir. 

Q. You referred to a letter from Mr. Mullettto you requesting you to 
make cross-sections. There is a prior letter, December 10, 1871. State 
Mhetber that is a letter that you received in relation to grades and 
levels, — A. Yes, sir ; it is as follows : 

Board of Public Works, District of Columbia, 

ll'ashiiigton, D. C, December 19, 1871. 
Sir : From and after tliis date all grades aud levels ia the city of Washington will 
1)6 given to contractors by you, or under your supervision ; you will be held responsible 
for their correctness, and no other persons will be permitted to give grades nnless 
specially ordered by me. The data will be furnished by B. Oertly, engineer in charge 
of otlice. 

Very respectfully, 

A. B. MULLETT, 

Chief Engineer. 
CiiAS. E. Barxey, Esq., 

Assistant Engineer. 

Q. Now, state whether that is the letter to which you referred '. — A. 
Yes, sir ; that is the one, 
Q. I will read this letter : 

Board of Public Works, District of Columbia, 

IVashington, 1). C, December 29, 1871. 
Sir: In giving grades for the commencement of any work, you will take cross sec- 
tions of the surface every one hundred feet, aud oftener, if necessary. 

These cross-sections are to be used in preparing your estimate, and be tiled in this 
office. 

A copy will be furnished the assistant in charge of measurements for his information. 
Very respectfully, &c., 

A. B. MULLETT, 

Chief Enijineeer. 
Charles E. Barney, Esq., 

Assistant Engineer. 

Who was the assistant in charge of measurements at that time ? — 
A, I\Ir, Forsyth. 

Q. Did you furnish the copies referred to f — A. No, "sir ; I think not. 

By the Chairman : 
Q. When did Mr. Forsvth cease to be engineer in charge of measure- 



TESTIMONY OF CITA1?T.ES E. BARNEY. 2347 

meiits? — A. I tliiiik about a year ago; I tliiiik it was about the ].st of 
]May, 1873. It may have been later. 

Q. Did you take his place ? — A. Yes, sir. 

(). You think it Avas about the 1st of May, 1873 ?— A. Yes, sir; I 
think so. 

<}. Was the change made by an order of the board ?— A. Y'"es, sir. 

(). In writing f — A. Yes, sir. 

Mr. Mattingly. I desire to introduce, in this connection, two other 
letters from the records of the board ; one directed to jNIr. Oertly and 
one to Mr. Forsyth, communicating the contents of these other letters: 

J>()ai:d ok Plhi-ic Works, DisTracr ok Columhia, 

Washington, 1). C, December 29, 1-71. 
Sn: : I have directed Charles E. Barney, esq., assistant engineer, to take cross-sec- 
tions every 100 feet before conimencin<j; work on anj' improvement hereafter. 

You will please carefully tile these cross-sections, and furnish Mr. Forsyth, esq., as- 
sistant engineer, with co])ies of the sanu- for use in making the tiual measurements. 
Verv respectfully, Ac, 

A. B. MULLETT, 

Chief Engineei-. 
B. Okutly, Esq., Assistant EiKjiuccr. 

BoAKD ok PrnLic WoitKS, District ok Coi.umiua, 

Waahiugton, D. C, December 29, 1871. 
Sir: 1 have directed Chas. E. Bariiey, esq., assistant engineer, to take cross-sections 
of the surface every one hundred feet, iind oftener if necessary, Avhen giving grades for 
the comniencemeut of work. I have directed that a copy be furnished you for your 
information, and you will in all cases use, and be governed by it, in making measure- 
ment of work. 

Verv respectfully, 

A. B. MULLETT, 

Chief Engineei'. 
"Wm. Forsvtu, Esq., Assistant Engineer. 

By Mr. Wilson : 

Q. What are those papers ? — A. A portion of these are coi)ies of 
vouchers on tile in our otlice, and another portion are estimates on work 
to be done. 

Q. \Vho made the estimates? — A. These are signed by Mr. Cluss. 

Q. 1 am speaking about the estimate itself, the work that is done. — 
A. Mr. Oertly. 

Q. Xow you say it is signed by Mr. Cluss. In what way i.s it signed 
by .Mr. Clus.s I — A. " Estimate of voucher on file." He signed that. 

Q. licad what he has signed^md tell where it is on the margin. — A. 
"Estimate of voucher on tile, Adolph Cluss, engineer in charge.'' 

(}. Where is that .' — A. That is in red ink on the inargin — on the left- 
liaiid margin. 

(^). Look at the next one, and see what this is. — A. It is the same. 
They are the same all through. 

Q" It is simply a note on the left-hand margin, showing the character 
of the paper I — A. Yes, sir. 

Q. It is not a certificate by Cluss of anything? — A. No, sir. 

Q. lie has not certified to any of these measurements, or any of 
these vouchers? — A. No, sir. 

Q. Do you know when that work was done that is set forth in 
these papers ? — A. I presume this work was done during the summer of 
1873, most of it. 

Q. And that is the work on acconnl <»r wliicli (lie board of i nblic 
works is now asking lor aiipro|»i iations from llic Clo\crniii('iit .' — A. Ves, 
sir. 



2348 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. And those papers were made up, if I uuderstaud you, by ]Mr. 
Oertly ? — A. Yes, sir. 

Q. Do you know by whose directions he made them up 1 — A. IJdo 
not. '♦'•s'-ii 

Q. Do you know when he was at work at it ? — A. I thiulc I remember 
the circumstauces of his working- at them, but what time I am unable 
to say. He was working at them in our office. 

Q. I woukl ask you to state how long it would take you, as an 
engineer, to take that pile of vouchers and verify all the work that is 
set forth there, setting apart to the Government the work that has been 
done, that which appertained to the Government property, and should 
be paid for by the Government, and setting apart the private property, 
that which the private property-holders should pay, and test its 
accuracy. — A. I do not think it would take a great while, from the fact 
that we have most of these measurements in the office already made. 

Q. It would not take a great while if you took Mr. Oertly's statements 
as being accurate? — A. These are not all of Mr. Oertly's statements. 
Some of these are copies of vouchers which are signed by myself, and 
also signed by Mr. Cluss. ^ 

Q. ^Vhat 1 mean is this : if you as an engineer should take this esti- 
timate to be correct, it would uot take you very long to verify ; but sup- 
pose you were to be called upon to be certain as to the accuracy of those 
things, then how would it be? — A. If my reputation depended upon it, 
I would go over them — every one of them. I hardly know how long it 
would take me to do that. It would be a pretty difficult matter to tell 
the time it would take to do this work. I presume two or three weeks, 
with plenty of help. I should want plenty of help, and not want any- 
thing else to do. 

By the Chairman : 

Q, There are two kinds of papers here, are there not ? — A. Yes, sir ; 
one is vouchers for work actually done, and the other the estimate of 
work to be done. 

Q. It would not take you long to go over that, would it — the estimate 
for work to be done ? — A. I suppose a great many of these are for work 
that is estimated for. 

Q, Bat you could sit down in the office and make an estimate for work 
to be done ? — A. O, yes, sir. 

Q. Those two classes then, comprise that list? — A. Yes, sir. 

Q. Work done, and work to be done ! — A. Yes, sir. 

Q. The vouchers there for work done are the vouchers for money paid 
to the contractors ? — A. Yes, sir. 

Q. They assume to be the exact amount paid to the contractors ? — A. 
Yes, sir. 

Q. You say some of those are yours ? — A. Yes, sir ; I think most of 
these vouchers Avere signed by myself. 

Q. In the estimate for work to be done, the prices are estimated as 
well as the quantities ? — A. Yes, sir. 

Q. Who made up these estimates for work to be done ? — A. This is 
Mr. Oertly's. 

Q. He made them up ? — A. Yes, sir ; in the engineer's office. 

Q. Do yon know anything, personally, in relation to them ? — A. 'So, 
sir. 

Q. Did you at the time ? — A. Ko, sir. 

Q. You did not know he was working at them ? — A. No, sir. 

Q. You had nothins; whatever to do with them ! — A. No, sir. 



TESTIMONY OF WILLIAM FOUSYTII. 'J349 

By My. Stewart : 

Q. How loug would it take you to test the aceunicy of those measuie- 
nieuts — the oeueral accuracry of theui — by takiuj;- a map of the streets 
and a scale of it? — A. It would take only a short time. 

Q. How correct would that be? — A. 1 usually determine the accuracy 
of my owu assistants' measurements in that way — ;just taking- the map, 
and walking along and seeing what has been done over the street, and 
then going back to the oilice and Hguring it \\]). 

Q. The scale of maps is generally substantially correct? — A. Yes, sir. 

Q. So that the chief engineer can with a map test the accuracy of es- 
timates of measurements sufficieutly to see that there are no great 
errors ? — A. Yes, sir. 

Q. Will you please make that little figuring for me, and give it to me 
during the day, if you can ? — A. Yes, sir. 

William Forsyth recalled. 

By Mr. Stewart : 

Question. What is that book you have in your hand ? — Answer. A 
book of measurements of dilierent kinds of work done under the old 
corporation. This is headed "Fiftli-ward measurement-book." 

Q. Have you been making out an account that is chargeable to the 
avenues for work done for the old corporation for any purpose 1 — A. I 
have. 

Q. Have you anj- data by which you can know when the work is 
chargeable to the aveiuie and when it is chargeable to the streets under 
the old corporation ? — A. You will find that ui)on the vouchers that 
accompany the report. 

Q. State liow you arrived at the separation of the voucher, where iu 
the same voucher there was a portion of the work done on the street 
and a portion ou the avenues. How would you distinguish the work on 
the avenue from the work on the streets ? He says he has predicated 
bis estimates — his accounts — upon the separation of these accounts in 
liart by you, where they were mixed entirely by you. — A. For instance, 
you wanted to find the flag footway and the gutter across North Caro- 
lina avenue and I) street, west side of Third street, you will find the 
accoiuit of that, the cost of it, and the measurements, and you will find 
the voucher to correspond. There may be a dozen other Magways em- 
braced. 

Q. Will you read what there is in that book, and then state how you 
know it fro"!!! that ? — A. At this [)oint that I have opened it, it is " the 
flag footway ami gutter across 2Sorth Carolina avenue and 1) street, west 
side of Third street." That is D street south — liJ7 feet by 4, making 028 
scpuire feet of flagging, which, at O.j cents a foot, makes ."r^tOS.l'O ; ir>7 by 
20 cobblestone = ."U0 yards, at 02 cents a yard, •'^210..')8 ; 1~>1 feet by 25 
and 15 = 772 yards of grading, at 1!) centsa yard, $13S,i;>; 157 sixteen- 
iuch fiagging and gutter, 15 cents a foot, .*7(l.()5. Total, ><8.'5;3.;iG. 

Q. How do you know that was on the avenue ? — A. liecause I meas- 
ured it there. 

(i. What is there on the book to show you it was there ? — A. Because 
the heading of it reads so: "Fhig footway and gutter across North 
Carolina avenue and 1) street, west side of Tliird east." 

r.y the CilAir.iMAN: 
(^. ^\'hen was that work done.' — A. If was measured l)y me on the 
11th of May, 1.S71 ; that is the dat«' in this book. 



2350 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

By Mr. Htewaet : 

Q. This is the measuremeut across North Caroliua avenue and I) 
street. How do you know it should uot be charged at D street '? — A. It 
is a street intersection, they all being counted as avenues at these 
points. 

Q. It is the intersection of North Carolina avenne and D street, the 
intersections being charged to the avenues f — A. Yes, sir. 

Q. And that is for the intersection 1 — A. Yes, sir. In the old 
vouchers, by turning to the papers that Mr. Winter has on file, the 
number of the voucher will correspond. Now, here the first flag foot- 
way and gutter across Maryland avenue and D street, southwest, 
south and west side of Third street east, is the one I have already; 
the first one in this account is the one I have just read, [refer- 
ring to paper handed to him by Mr. Winter.] The second one, across 
South Carolina avenue, west side of Third street, flag footway and 
gutter across South Carolina avenue, west side of Third street, 512 feet 
of flagging 

Q. I do not care about that ; I simply want to know if you made 
these separations from memory or from a book memorandum? — A. 
They are all separated in the book. 

Q. That is the data on which Mr. Winter bases his estimate, and that 
which applied to the avenues was taken from record evidence, and uot 
from memory? — A. From records altogether, as far as I found them 
out. 

By the Chairman: 

Q. That is the book of 1871 ?— A. Yes, sir. 

Q. How far back does that book go f — A. This book goes back to work 
done in 1870 and 1871. 

Q. How did you get at the amount of work done, for example, in 
1824: on the voucher t — A. We got that from the vouchers that are fur- 
nished from tlie auditor's ofhce, and from the office of the collector, and 
from officers connected with the city government. 

Q. Do you find the exact data then separating avenues and cross- 
streets as now f — A. Just the same ; every paper there will show what 
was done on the avenue at that time ; you will find them marked on 
the bills themselves. 

Q. You will find, then, the exact data of the amount of work done on 
the avenues as far back as 1815 ? — Yes, sir. 

Mr. Winters. Here, for instance, here is a bill of 1837, in which the 
whole amount is chargeable to the avenue. 

The Chairman. Mr Winters, will you give me one where the work is 
divided ? 

Mr. Winters. I will do so, [witness proceeding to look for the same.] 

The Chairman. While you are looking for that I should like Mr. 
Forsj'th to explain to the committee something about the measurement 
on Twelfth street that Mr. Blickensderfer has been looking at. 

Mr. Forsyth. The measurement has been made by me. I believe it 
is right. The work has been done there in several places two or three 
<liflerent times by Mr. Clei)hane, and there have been different changes 
in the grade. 

Q. That is, dug down and then filled up '? — A. They have dug down 
two or three times and filled up. 

Q. Is that the way you account for the discrepancy between your 
measurement and Mr. Blickensderfer ''. — A. That is the only way I can 
account for it. These changes in the grade had to be allowed for. 



TESTIMONY OF WILLIAM FOR.SYTJf. 2351 

(»). Do you know from your personal knowledge tluit tbey dug below 
grade, and then filled up on that street i — A. I don't know of luy own 
personal knowledge, but I was informed so by Mv. ClepUane, the con- 
tractor. 

Q. And you measure accordingly ? — A. Yes, sir. 

Q. Did you examine the cross-sections on that streets — A. I never 
had any of them myself furnished. 

Q. Were there any cross-sections on that street ? — A. Not that I am 
aware of, at that time. 

(^). Did you inquire about cross-sections at the engineer's ofUce ? — A. 
I did not. 

Q. We had a letter read here directing Mr. Harney to furnish you 
with cross-sections, and directing yt>u to be governed by that. — A. The 
letter directed ]\lr. Jiarney to furnisli me, and he never did furnish me 
with them. 

Q. Where would be the place for them to furnisli these cross- sections 
to you ? — A. Furnisli them to me as that letter directed. 

Q. Ill the engineer's oflice f — A. At my office in the city hall. 

Q. Are you not an assistant engineer of the board of public works ? — 
A. Yes, sir ; but my oilice is in the city hall. 

Q. Did the engineer of the board of public Avorks have two offices '! — 
A. The office of the records of the District of Columbia is in the city 
hall, and all the records of the whole county. 

Q. And if you were directed to measure the street and wanted to 
have it correctly done, wliere would it naturally occur to you you would 
find the data — the cross sections, or whatever data there might be ? — 
A. Get it from the engineer's office. 

Q. Would not that naturally be one of the first places you would goto ' — 
A. Well, he was to send this data to me if he had it. He did not do so. 

Q. Y'ou would hardly expect Mr. Barney to furnish you with •a large 
list of cross-sections at your office in the city hall. AVouldnot it require 
the work of two or three clerks to do that — to furnish you copies of 
cross-sections of every street. Did you understand that to be the mean- 
ing of the order ? — A. I did. 

Q. And you never applied at the engineer's offici' for cross-sections 1' — 
A. 1 have frequently got the (piantities from Mr. Barney to insert in 
the vouchers where the}' were prepared and ready. 

Q. And you would go there and inquire t — A. I would. 

Q. Did you, in this i)articular instance ? — A. I do not know that I did. 

Q. Do 30U know wliether you did or not 1 — A. I do not think 1 did. 

By Mr. Stewart : 

Q. Have you figured down this witli these cross-sections to see how 
your figuring' comi)ares ? — A. No, sir. 

(}. How did you ascertain that process .' — A. By the measurements 
along the line of the street, the height ot the banks as they appear 
now, and the actual digging that had been done in consequence of 
these changes that wen- pointed out to me. 

Q. Who pointed out the changes ? — A. Mr. Gleason. He was doing 
the work for Mr. Clephane at the time. 

By Mr. Wilson: 

(^. He was the man who was to get the money I — A. I ]»resume that 
is so. 

Q. He is a good man to ai)ply to to get accurate information ? — A. 
AVell, whatever I did, iMr. AVilson, I wish you to understand I did it 
conscientiously aiul fairly. I don't want to be considered 



2352 AFFAIRS IN THE DISTRICT OF COLUMBIA, 

Mr. Wilson. I am not controverting that, Mr. Forsyth. 

The Witness. If yon had been a contractor, I avouUI have done the 
same for you. 

Q. Since you were on the stand there has been some testimony given 
in regard to the mode of making assessments, and I desire you to state 
hoAv you went to work to make those assessments against the property 
holders on the various streets and avenues in the city. That is a matter 
that has been i)eculiarly within your cliarge, as I understand it.— A. 
The whole cost of the street was given to me by the board, and half the 
intersections of the different streets were deducted, or added in, as the 
case may be. The neb cost was divided. One-third of the whole cost 
of the street was divided by the front feet of property bordering along 
the line of the street, which gave the rate per front foot. 

Q. Then, according to that, before you could make an assessment on 
any street or avenue, you had to know the entire cost of that street or 
avenue ? — A. Yes, sir. 

Q. It had to be completed, and the work done, and you had to know 
what the cost was before you could make an assessment against the 
propert}" ? — A. That is so. 

Q. i^ow, will you tell me how you managed to make the assessment of 
Massachusetts avenue, Avhen the avenue is not finished f — A. I got the 
estimate of the balance between Twenty-second street from Mr. Barney, 
of the cost of the sodding and other work to be done there. 

Q. There was not only sodding to be done, but footwalks to be laid ; 
grading to be done, and carriage-way to be laid, so that in that case you 
did not wait until the street was completed, and got the actual cost : 
but you made your assessments in advance of the finishing of the street ; 
is not that so ? — A. That is so. 

Q. Now, did you make the assessment against the property of Mr. 
liiggs, Mr. George W. Kiggs, on that street 1 I do not know what street 
he does live on. 

The WitneSvS. Wherever he had property — yes, sir. 

Q. Do you know of any case w^here you changed your assessments 
after you had made them; found that they were too large; and have 
given statements to property-holders that their assessments were erro- 
neous ? — A. Eeally, I cannot call to mind now; there may be. 

Q. I mentioned Mr. Eiggs, because I thought, perhaps, that would 
enable you to remember. 

The Witness. Mr. Winter, have you any idea? 

Mr. Winter. There were some streets. 

The Witness. I have no recollection of any, except it might be, per- 
haps, on C or D street ; probably-. 

Mr. Wilson. If you do not remember, I will not press the matter. 

Q. Do yon know any other streets where assessments have been 
made against the property-owners before the street had been completed ? 
— A. There has been an assessment made on Nineteenth street. The 
parking has not been done; that is all. 

Q. Do you know any other street where that has been done ? — A. I 
think not. I have no recollection of any other. 

i}. Do you know of any case Avhere you have made assessments 
against proj^erty which j'ou ought not to have made f — A. I do not. 

Q. How do you manage it about the tre^s — the number of the trees 
that are on the street or on an avenue — a great many of these have 
not been planted yet ? — A. That is the business of the auditor. I only 
get the bills from the auditor. They allow a tree, I think, to every 



TESTIMONY OF WILLIAM FORSYTH. 2353 

twenty feet, so that if yon take the whole length of the avenue, and 
divide it up by twenty, you get the number of trees. 

Q. That puts trees at all the street-crossings, and then, when you 
come to one of those angular spaces, you plant trees clear across that, 
do you not '? That is to say, there are imaginary trees furnished, and 
which are charged for at the rate of six or twelve dollars a tree ? — A. I 
have nothing to do with that. 

Q. Is not that so ? — A. It may be so, but I have uothiug to do about 
that. 

Q. AVhat is your best impression ? — A. To count them, as I say, tak- 
ing the whole length from the map ; of course it may be so. 

Q. Do you not think that is the fact? — A. I do not know, indeed. It 
may be so. If they take the whole length of the avenue and divide it 
by twenty, to get the number of trees, oue of the trees might fall iu 
some of the streets. 

Q. Is tliat the way to do it ! — A. There is no other way that it cau 
be done. 

Q. That is the way — about the way it is done ? — A. Yes, sir ; I think 
so. 

Q. Who furnished the auditor with the cost of thCvSe streets? — A. 
The engineer's department. I suppose all the work of construction 
comes fiom the engineer's department, and then all the other incidental 
expenses come from the pay-rolls of the parties employed there as 
superintendents. 

Q. Have you looked over East Capitol street ? — A. No, sir. 

Q. I asked you once about the curbing when you were on the stand 

efore.— A. The curb of that street is exactly rigiit— 0,015 feet or 0,005 

feet. The whole of the side foot- ways were measured by my assistant, 

Mr. Wilson. It was not entirely complete, so it required remeasure- 

ment afterward. 

Q. You know that curbing is nu^asured correctly? — A. Yes, sir. 

Q. Unfortunately, the street is charged with a great more than that ?— 
A. I know all about that. 

Q. How is that? — A. I have nothing whatever to do iu relation to 
that. There has beeu some 0,000 feet more of the old corporation 
curbing taken, and some curbing put iu place of the parking, and prob- 
ably some of the curb may have been taken up and used by different 
changes of the grade, or something of that kind, but 9,015 feet is the 
actual amount there now. 

Q. There is no controversy about that, but the fact is, there is a very 
large anu)uut of curb charged to that street that is not there. — A. Yes, 
sir ; that is so. 

Q. And that curbing has been hauled away, and used elsewhere ?— A. 
"Y*ps sir 

Q. And these people on East Capitol street have been assessed for 
it? — A. Yes, sir. 

Q. How about the grading? It seems to me you made some measure- 
ments for the grading there.— A. I made about 30,000 yards on that 
street entirely. 

Q. You measured the whole of it ?— A. Yes, sir. 

Q. From N to M ?— A. Yes, sir. 

Q. And somebody has got pay here twice?— A. I know nothing 
about that. I only know what is tinder my own signature there. 

Q. How did you make that measurement of the grading ?— A. From 
my general knowledge of the street. 

Q. Hid you put any levels on ?— A. Not one. 

118 D c T 



2354 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Had no cross- sections ? — A. No, sir. 

Q. You made tlie best guess you could! — A. Well, sir, I guess it xA^as 
pretty near the thing. 

Q. You made the best guess you could ? — A. Yes, sir ; if you choose 
to say so. 

By the Chairman : 

Q. You were superintendent of assessments? — A. No, sir. 

Q. Haven't you the direction the assessments'? — A. I make all the as- 
sessments, and the record of all the lots and lauds of the whole District 
of Columbia are iu my office — the sizes of all the lots ; consequently all 
the official papers are there, and I make them in consequence of that. 

Q. In making up the amount the Government is to pay ou any ave- 
nue, and the method of measuring that avenue, together with the cross- 
streets — the intersecting streets — from whom did you receive instruc- 
tions, if from anybody"? — A. I never got any instructions from any per- 
son, except that i was directed to go and point out this work belonging 
to the United States to Mr. Samo. 

Q. I know ; but what I want to get at, Mr. Forsyth, is this : How 
did the board of public works and the Government of the United States 
arrange as to the proper proportion that should be charged to each ? — 
A. I cannot inform you. 

Q. You do not know ? — A. No, sir •, except the regular custom was 
adopted ; I do not know by what method or how they arranged it. Mr. 
Oluss has made a statement here the other day in relation to some 
work on Pennsylvania avenue and H street. He stated that I made an 
error there. Well, the error was made, it is true, but it was by not de- 
ducting the amount of yards that was occupied by the railroad, which 
amounted to the difference. When my attention was called to it, I had it 
corrected. 

By Mr. Mattingly : 

Q. Then it was not an error in the measurement, but an omission in 
failing to deduct the amount occupied by the railroad-track ? — A. That 
is it; also down on B street north, between First and Third streets. It 
was a mere clerical error, as the committee can see by reference to this 
book. The square feet in that street were added by me to be 39,993, 
instead of 33,933. It made a difference of some three or four hundred 
yards; that is all. In relation to New Hampshire avenue, the voucher 
I had from New Hampshire avenue I got from the engineer's office — the 
amount that was to be charged in Hulse's work, which you will see. 

Q. About M street. — A. On M street my measurement as assessed 
was exactly right; the figures were never changed, as Mr. Barney stated 
when he went out. Mr. Cluss made a mistake there in taking the street 
as 32 feet wide instead of 40^ feet; that is about the difference that he 
says there is in the street. 

Mr. Winters recalled. 
By Mr. Stewart : 

Question. Do you know whether the people of East Capitol street by 
this error have been overcharged or not"? Have you figured it up so as 
to ascertain? — Answer. I figured it myself, some weeks ago, just before 
I was called up here. While the property-holders have been over- 
charged for this curb, they are indebted now to the board of public works 
over $3,000 for the parking — for the trees that were put in there, that 



TESTIMONY OF MR. PHILLIPS. 2355 

were never put in the assessments. The assessments were made pre- 
vious to that time. 

Q. Indebted after having deducted that error ? — A. Yes, sir. 

Q. So that they liave not been really overcharged .' — A. No, sir; rhey 
really owe the board now some 83,000. 

Q. This parking on the street you say was never included in the 
as.sessmeut ; That work has actually been done, and is there now ? — A. 
Yes, sir. 

By Mr. Hamilton : 

Q. They are liable to be assessed for tliat ? — A. They can be assessed 
for that, 1 presume. I do not know what the arrangement is about 
that. 

Q, You mean that will be equivalent to the error in the overcharge 
for excavation, too? — A. I do not know anything about excavation. I 
am only s])eaking of the curbing that was overcharged. 

Mr. Phillips recalled. 
By the Chairman : 

Question. Mr. Cluss wanted us to ask you a question in relation to 
some conversation you had with him about a year ago as to a matter 
connected witli the board of public works. Will you relate it briefly f — 
Answer. Yes, sir. 1 can only say that Mr. Cluss, about a year ;igo. was 
doing some work for me })rofessionally, and had charge of some ware- 
houses that I was then building, and 1 had occasion to see him fre- 
<juently. I do not think I ever spoke to him on the subject of the board, 
according to my recollection, but on one occasion. 1 rememl)er the 
conversation. It occurred on Fifteenth street, in front of his ortice. I 
asked liim in a casual way how the board was getting along; how 
they Avere succe(*<ling, and so on. I remember his answer at the time 
impressed me. He said not at all well- I innocently asked him. why ? 
He said, " Well, Mr. Phillips, there is no board of public works at all. 
There is no board in the sense I understand a board to be constituted." 
He said the board of public works consisted of one gentleman, who was 
vice-president. Nearly all the important bLisin<*ss and all the essential 
nmtters are perfornn'd by the vice-president of the board. We are on 
band to do certain things tJuit we are instrncted to do — something to 
that effect. 1 said, "Why, have yon no meetings, no regular meetings?" 
He said, "None at all." I said, " Have you lu) record ?" He said, " We 
have no record worthy of the name. I believe there is a thing they call 
the record, l>nt there is no such thing as I call a record." He said the 
system is a peculiar one, and I do not like it. In tact, he said, it is 
no system. And 1 remember of liis tlnn rcnmiking, also, that he 
would resign — would retire. I said to him, •' We knosv you to be 
a good engineer; we have confidence in your integrity and ability, 
and I beg you will do no such thing. As a property-holder and 
a tax-payer, 1 say to you that we would rather have you there, because 
there are very large improvements being undertaken, great changes ot 
grade, and so on, and so on, and I think you can be of service to the 
city and to the i)roperty-hi)Iders by remaining exactly where you are." 
He said, " Well, 1 willthink of it." 1 do not think* I saw Mr. Cluss 
again to converse with him certainly until my retiun from the country, 
in November. It was then a very casual conversation, and anuuinted 
to about the same thing. 

(}. That was in November ? — A. Yes, sir; but I will say, if you will 



2356 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

permit uie, in additiou — aud I say this in my own vindication — that 
since November, or thereabouts, 1 do not think I have ever seen 
him nutil I met him in this room — until after the investigation com- 
menced; nor have lever spoken of the matter to any member ot the 
committee, directly or indirectly. I do not think 1 ever mentioned the 
conversation to any person except to my personal friends at that time. 
The Chairman. I will state that I had this subpoena issued at the 
request of Mr. Cluss. 

Frank H. Smith sworn. 

By the Chairman : 

Question. Where do you reside ? — Answer. In Washington. 

Q. What is your occupation ? — A. I am a reporter. 

Q. You are the official reporter of the House — the stenographer ? — 
A. I have a contract for a portion of the House reporting. 

Q. Have you had any contract with the board of public works of this 
city ? — A. Yes, sir. 

Q. What contract have you had? — A. One year before last for some 
Phillips round-block pavement on M street and Nineteeutb, I think, 
aud a pontract last fall for laying a sewer in an alley adjoining which 
my stable is, amounting to two or three hundred dollars. 

Q. What was the extent of the first contract you had ? — A. I do not 
remember the amount ; I should say some fifteen or twenty thousand 
yards. 

Q. Had you ever been a contractor prior to that time "? — A. Not for 
that kind of work. 

Q. For what kind of work had you been a contractor? — A. For the 
reporting of the House, and various other matters. 

Q. Have you ever been engaged on any sort of public improvement 
in the way of taking contracts? — A. No, sir. 

Q. Now, Mr. Smith, will you just state to this committee everything 
that you know, and withhold nothing in regard to the manner in which 
you procured that contract, and the purposes for which that contract 
was let originally? — A. I returned to the city, I should say, about the 
first of September of that year; having nothing to do, for three or four 
months, until the meeting of Congress, I made some intjuiries, as I have 
jilways done before, for reporting to employ myself. Finding nothing 
in that direction, I had a conversation, as I remember, with Mr. 
Lewis Clephane, who was an old friend of mine for twenty years' 
standing, asking him whether he knew anything that I could do to 
employ myself until the meeting of Congress. I have no recollection 
of the details of the conversation, but the result of it was that he 
stated that he had some engagements, in the early part of the year, 
for laying round-block pavement ; that he expected to have laid a very 
large amount of it ; that in that expectation he had procured a large 
amount of material; that he had failed to receive contracts to use up 
tlie material ; that he understood the board of i^ublic works were not 
going to give any further contracts of that description, but that two or 
three contracts had been given to parties who, in his judgment, were not 
going to do the work ; that if I could make an arrangement with one of 
those parties, he would be very glad to furnish the material; and that 
if I would furnish the capital and do the work, it would be an advantage 
both to him and myself, stating that he had already engaged in con- 
tiacts to as large an extent as he was able to furnish capital. I think 
I asked him to see the parties and see what arrangements he could 



TESTIMONY OF FRANK H. SMITH. 23 'i 7 

make, and that lie made arrang-oments with one of these parties to 
give up his contract. I took the contract. It was transferred to ine, 
and executed in my name. I furnished the capital, y;ave my attention 
to it wliile the work was goiiif;- on, and drew the proceeds, whatever 
they were. That is all the statement I can make in regard to it. 

Q. Who was the party from whom you got this contract! — A. I am 
not quite sure whether 1 remember bis name or not. It seems to me it 
was Patrick O. Haws. 

Q. He had the contract, had not he, awarded to him ? — A. I did not 
know. I have stated the information as it came to me. 

Q. Was the contract assigned to you, or was it a new contract issued 
to you after you got control of this matter? — A. My impressiou is it 
was a new contract issued to me. 

Q. Do you know whether Patrick O. Haws bad a contract in his own 
name at that time ? — A. I don'c know. 

Q. How long had you known Patrick O. Haw^s ? — A. I never knew 
him before. 

Q. Do you know what his business is here ? — A. I don't know any- 
thing about him. 

. Q. Had you ever seen him about the Capitol — about any of the com- 
mittee-roonis of this Capitol ? — A. I don't think I have ever met him 
half a dozen times 'before or since. 

Q. Don't you know Patrick O. Haws is a gentleman from Nebraska, 
and has beeu about the Capitol for some time past? — A. No, sir; I don't 
know anvthing about him. 

Q. What did you pay Mr. Haws !— A. About $2,000. 

Q. How long did he have this contract?— A. I don't know. 

Q. Who negotiated between yourself and Mr. Haws ? Did you carry on 
the negotiations yourself ? — A. My impression is that the negotiation 
was made by Mr. Clephane. 

Q. Did you pay him two thousand dollars in money? — A. Yes, sir; 
I gave him a check for it. 

Q. On what bank?— A. I think the National Metropolitan, 

Q. Had Haws done anything witli this contract? — A. No, sir. 

Q. What did you do with it after you got it?— A. I employed the 
parties and did the work. 

Q. In what way ?— A. I employed Mr. Albert Gleason to do a portion 
of the work. 

Q. What portion of the work did Mr. Albert Gleason do ? — A, I think 
he graded the street and laid the pavement. 

Q. What did you receive out of it as your share of the business? — A. 
I received the entire amount of the contract, whatever it was: I don't 
remember what it was. 

Q. What «lid you pay Gleason ? — A. As I remember, 50 cents a S(iuare 
yard. 1 don't remember the aggregate amount. 

Q. For doing what ? — A. What I have stated. 

Q. For laying the pavement ? — A. Yes, sir. 

Q. And tiie grading, too ?— A. Yes, sir. 

Q. What was yonr [trotit out of that contract .'—A. >Somcwhere in the 
neighborhood of .'«f;5,000. I don't remember. That was, however, witli- 
out Computing interest for the use of the money during the time the 
l)ayments were in abeyance, some of which were a year or more. 

Q. In the Governor's Answer it is stated you received $4.^,741.75. — A. 
Probably. 

(). That seems to have been the cost of the work to the board ot 



2358 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

public works, according to this report. Have you any writings between 
yourself and Gleason ! — A. Yes, sir. 

Q. Where are they now? — A. There was a contract, I think, in writ- 
ing. I think he has a copy of it, and that probably I have. At least I 
had. 

Q. Could you furnish us a copy of that contract ? — A. I have nc« 
doubt I can find it among my papers. 

Q. Cannot yon remember what the arrangement was between your- 
self and Gleason ? — A. I think I have stated the arrangement in full. 

Q. ^Yhat was Gleason to do ? — ^He was to lay the pavement and do 
whatever grading was required. 

Q. Did the contract stipulate for any grading ? — ^A. It was desigTiated 
as grading or trimming. 

Q. Had not that street been graded before yon got the contract? — A. 
I think the heavy grading had been done. 

Q. Had not it all been graded down except merely the trimming just 
necessary to put the blocks down °? — A. I think, for a portion of it, the 
excav ations were probably as much as two feet or more. 

Q. Who furnished the wood ? — A. Mr, Clephane. 

Q. What did he get out of this contract ? — A. He got the price of the 
blocks, whatever that was ; 1 don't remember. 

Q. What did yon furnish ? — ^A. I furnished the money and superviseil 
the work, and had general arrangement of the whole matter. 

Q. What money was necessary for you to furnish f — ^A. Money for the 
purchase of blocks, and money for the payment of the hands and ma- 
terial. 

Q. Did Mr. Clephane get his money for his blocks at the time they 
were delivered, or did he get it from the board of public works f — A 
He received it from me from time to time. 

Q. Is not this the way it was done: that Mr. Clephane furnished 
the blocks, and then you drew certificates or money from the board of 
public works, and you turned it over to Mr. Clephane ? — A. j^o, sir. 

Q. Did you give Mr. Clephane orders of the board of public works for 
this money ? — A, No, sir. 

Q. Jn what way did you pay him ? — A. In money. 

Q. How did you pay Gleason ? — A. In money, from time to time. 

Q. Money drawn from the board f — A. No, sir. 

Q. Did you advance money to Mr. Gleason "? — A. I did. 

Q. In advance of your receiving it from the board of public works ? — 
A. I think the entire amount I received from the board of public works 
was $5,000 before the work was done and for some months afterward. 
The entire cost of the work had been paid by money advanced by me 
as the work went on. 

Q. Looking at these vouchers, I see they were originally made out to 
Mr. Clephane. How did that happen, and his name stricken out and 
yours inserted ? — A. I don't know. It is the first time I have been 
aware of it. 

Q. Did Mr. Clephane have any interest in this contract with you f — 
A. No ; not except as I have stated. 

Q. I see, from the records of the board of public works of Washing- 
ton, D. C, September 28, 1872 : 

Board of Public Works, 
Washirigtoti, D. C, September 18, 1872. 

The board met at 3 p. m. 

Present, Messrs. Alexander R. Shepherd and James A. Magrnder. * * * 

(The chief engineer was notified,) also, to make contract with Patrick O. Haws for 
paviug the carriage-ways with Philips round-block pavement — of M street, from 



TESTIMONY OF FRANK II. SMITH. 2359 

Twenty-sixth street bricl<ie to Twenty-lirst street, northwest; Twenty-third street, from 
Pennsylvania avenue to M street, northwest; and Nineteenth street, from K to P-street 
circle. Mr. Haws was uotitied. ,,»,*» 

HOAIM) OF PUHMC WOKKS, 

Waf<hiii;iloii, J). C, September 21, 1872. 
The board met at the usual hour. Present, Messrs. Cooke, Shepherd, and Magrudcr. 

(Chief onjiineer,) also, was notified that the assionment of contract oSfi of P. O. Haws, 
for |iavinjjj M street, between Twenty-sixth and Twenty-lirst streets, north west ; Twenty- 
third street, northwest, between Pennsylvania avetiiw! and K street ; and Ninet«-enth 
street, K street, and P-street circle, northwest, to J. II. Smith, is acceitted, provided a 
new bond is filed. 

Mr. Haws and 3Ir. Smith notified. 



So that it would appear from tins record Mr. Haws only had this con- 
tract three days. Are you not aware at this time of the fact that Mr. 
Haws Iiad had this contract but for a very short time 4 — A. No, sir; I 
Lad no information that I now remember whether lie had had it for a 
long or short time. I have no remembrance of having- seen Mr. Haws 
before nor of having had any interview or connection with him except 
as I have stated. 

Q. Was there any understanding, Mr. Smith, that there was to be no 
particular intimacy between you and Mv. Haws on this subject ? — A. 
Not the slightest. It was the merest ordinary business transaction. 

Q. Did you or not know that this contract was let for the purpose of 
enabling Mr. Haws to raise money for a specific purpose i? — A. I have 
no information on the subject. 

Q. Did you ever hear anything of the kind ? — A. I have some general 
recollection of a remark made bj' Mr. Haws when 1 handed him a check, 
whi(!h, if it amounted to anything, gave me the first information I have 
on that subject, if 1 had any. 

Q. What information did you get on that subject at that time ? — A. 
He said something to the effect, as I remember, that he was going to 
transmit the money to the Kepublican Executive Committee of the State 
of Nebraska. 

Q. Did you, or not, understand at that time that this contract had 
been let with a view to raising money for such a i)urpose ? — A. I know 
nothing in reference to that. I have no understanding, direct or indi- 
rect, in reference to it. No information in reference to it, nor any 
other infoiination in regard to it, e\'cei)t as 1 have state<l. 

Q. Did you, or not, know upon what business Mr. Haws was in this 
city ? — A. No, sir. 

Q. Have you never had any information since as to what his business 
is ? — A. 1 do not remembei- that I have. 

Q. Vou have nevei- known him as a contractor here ? — A. No, sir. 

(}. Did you know him as a resident of this city? — A. I have no 
recoMection of ever seeing or hearing of him until I came in (-ontact 
with him as I have stated. 

Q. How did it happen that you were brought into contact with 
him ? — A. I have stated to you i)reicisely the cinmmstances. 

Q. ]Mr. Ch'i)hane tohl you contracts had been awarded for laying this 
pavement, ami that tiie parties did not desire to perform them. Is that 
it? — A. Sometliing to tliat ellect. 

Q. Tiiis contract, it seems, was only three days old when you got it 
so that it couhl nor have been avcryohl awanl. Now, did n(»lhing pass 
between you and Mr. Clcphane indicating or giving you to umU'rstand 



2360 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

or to kuow the purpose for which this particular contract was let ! — A. 
Not iu the slightest extent, nor any other conversation, except that I 
have stated. 

Q. But you paid Mr. Haws $2,000 in cash ?— A. Yes, sir. 

Q. And you got about $3,000 out of it besides ? — A. Yes, sir ; after 
having invested about thirty odd thousand dollars. 

Q. lAIr. Gleasoii did the work ? — A. Yes, sir. 

Q. In your absence there has been a great deal of testimony given 
here in regard to what is known as the Colton Avooden fence. If you 
desire to make any statement in regard to it, I presume it will be the 
])leasure of the committee to hear you. — A. I hardly know what testi- 
mon}^ has been given iu regard to it. 

The Chairman. I think we probably understand it. 

Mr, Wilson. 1 did not know but what you might have read the testi- 
mony and might wish to make some explanation. 

A. I ghmced over Mr. Coltou's testimony once, and, as far as I re- 
member, it is substantially correct. I should like to say this : If my 
official status ill the House of Eepresentatives is not already understood 
by the committee, that very shortly after my employment iu my present 
position, eight or ten years ago, having application to do some work for 
the United States Government, I applied to the First Comptroller of 
the Treasury for his opinion as to whether, holding the position I did, 
I could properly engage in the employment of the United States 
Government. The reply was, verbally, that there was no possi- 
bit^ objection to it; that the position I held was in the nature of a 
conuact to do a certain amount of work, by myself or persons in my 
employment, for a certain specific amount, and that therefore the com- 
pensation was not a salary, and that there was no legal or other objec- 
tion, that he knew of, to my doing other work for the United States 
Government. Having that opinion, which lias been expressed two or 
three times since, I had no difficulty in respect to my right to engage iu 
work for the District government. 

By Mr. Wilson : 
Q. What was Mr. Colton to receive out of this final arrangement ? — 
A. Mr. Colton came to me some time last spring in considerable trouble, 
having been out of employment for a good while, stating that he 
feared he was going to lose the little house on which he had made par- 
tial payments, and asked me, as he had on several occasions before, 
knowing me very well, if I could not assist him in getting him some- 
thing to do. On this occasion he said that the board of public works, 
as he understood, were going to erect a cheap fence around a portion of 
their parking. I think he said he had some conversation with Mr. 
Shepherd, or some one; that he had a plan of fence that they were will- 
ing to give him authority to construct, but that he had no means what- 
ever to go on with the work. After some conversation with him, I to-ld 
him to go ahead, if he ccmld get a contract, and put up a fence on two 
or three streets that were named, and that I would see that the 
necessary amount of money required for the work was furnished him. 
There was no arrangement at all in regard to any consideration I was 
to receive from the matter, nor had I, at that time, any other motive in 
regard to it whatever except to assist Mr. Colton in getting him some- 
thing to do for his support. 

By Mr. Wilson : 
Q. I was going to ask you was there no arrangement for any compen- 



TESTIMONY OF FKANK 11. SMITH. • 2361 

satiou to you ? — A. Xoiic whatever ; nor did I expect to receive auy, at 
that time. It involved only a small ajuoiint of work. 

Q. Was that ever changed ? — A. I will give the whole statement in 
two or three minntes, it' you will allow tne. Subsequently orders came 
for larger amounts of work. I furnished him means from time to time 
until, J should say, late in June — I am not at all sure as to the time — 
he received an order for (juite a large amount. I then stated to him 
that I could not furnish any more money without receiving some sort of 
security, and after some conversation he agreed to do it, which he sub- 
seciuently did — executed a power of attorney for me to draw his pay from 
the board of public works. 

Q. Whiit proportion of it were you to have, and what proportion was 
he to have ? — A. There was no other arrangement from that time to 
this. I remember in a subsequent conversation to this first one he stated 
that, in ai»plying for a certain amount of money that he was obliged to 
apply for — a large amount — that his family had to live, and he was re- 
ceiving notiiing himself, having merely called on me for the amount he 
had actually paid to his employes. 

Q. You have been paid the whole amount of that contract, which 
seems to show a profit of some 825,000 or $30,000. Whose money is 
that ; there has beeu uo money so far ? — A. There has been no money 
so far. 

Q. We will call it certificates, or whatever you please. Whose is it j 
yours or Coltou's ? — A. The certificates are all in my possession. , 

Q. Whom do they belong to ? — A. They belong to me, subject to what- 
ever settlement Mr. Colton and I make. I may state this 

Q. What settlement have you to make with him now ? Mr. Smith, is it 
a lact that iu all this amount of work, amounting to $00,000, there is no 
understanding between you and Mr. Colton as to what division is to be 
made between you '? — A. It is the absolute fact. 

Q. You have had uo understanding or arrangement on that subject? — 
A. Xo, sir. 

Q. You do not know to-day what portion of that $25,000 or $30,000 
of profit belongs to you, and he does notr know what portion of it be- 
longs to him, or whether he has got any interest iu it at all or not? — A. 
I know the certificates are in my possession, and I know that, as the 
committee can judg(^ for themselves, an equitable interest in the 
concern, I having furnished all the money, is very largely in myself; 
but the matter grew up as 1 have stated. I was away from the city 
myself a great part of the time during the summer. After the arrange- 
ment was made that 1 should draw the entire i)roceeds, I had no 
special interest in the matter, nor could I have well made any arrange- 
nient in regard to it, without knowing what the certificates I received 
were worth. I may state still further that I had no means of ascertain- 
ing until the day before I left the city within a good many tliousand 
dollars as to the amount that woidd be furnished in <'ertificates, from tii*) 
tact no measurements were nnnle after i)erhai)s on»'-third of the work was 
done, noi' did we ever su(!ceed in getting them made until some time 
in Fel)ruary — final measurements. 

Q. So that $L'5,000 or $30,00(> i)ront is just lying aroun<l loose be- 
tween you iind Mr. (Jolton, without cither of you knowing what is to 
become of it? — A. I should be glad to know tliat there is any ]»rolil for 
either one of us. 

Q. The certificates, as furnished, state a largo jjrofit. — A. The under- 
standing of Mr. Colton, as he stated to me, with the board of public 



2362 AFFAIES IN THE DISTRICT OF COLUMBIA. 

works was, tliJit be was not to receive any money for any i)art of tbe 
amount, but certificates. I believe tbat 

Mr. Wilson. If tbe city is not baulirupt, tbe certificates are good. 

Tbe Witness. I believe tbat for a good many montbs it bas been 
impossible to sell tbe certificates furnished for tbe amount of money I 
bave advanced. I should be very glad to do it to-day for tbe amount of 
money, with interest, since the money was advanced. 

Q. Were there two measurements made on M street, between Twenty- 
first and Twenty-sixth streets — one by Mr. Forsyth and one by Mr. 
Barney? — A. I think so. 

Q. Do you know whether there was any discrepancy between tbe two 
measurements ? — A. Mr. Forsyth made, I think, what was termed partial 
measurements, late in tbe fall or early in tbe winter. In tbe spring, 
when tbe work was completed, final measurements were made by Mr. 
Barney. When I went to tbe auditor's ofl&ce to make a settlement of 
the matter, my attention was called to what seemed to be a discrepancy 
between Mr. Barney's measurements and Mr. Forsyth's partial measure- 
ments of about a thousand yards, as I remember, more than the final 
measurement was stated. 

Q. On which were you paid ? — A. On Mr. Barney's measurement. 

Q. In other words, Mr. Forsyth had made a thousand yards more than 
Mr. Barney? — A. Mr. Forsyth subsequently explained to me tbat there 
was no difference of measurement ; the seeming difference being one 
of addition. The amount was made up of items, and tbe item of a 
thousand yards, or whatever the difference was, was placed below the sum- 
ming up, Mr. Forsyth explained to me that that thousand yards was a 
part of the items that made up tbe other total, and therefore there was 
no difference in measurements. I do not know what the facts were. I 
called attention to tbe fact that this Haws contract was let on the 18th 
of September, 1872 ; and then, on the 21st of September, 1872, three 
days afterward, the record shows the assignment of tbe contract. 

Q. That is to say, it shows the assignment of that contract to you 
bad reached the board to within three days after tbe contract was 
awarded, ^ow, can you remember whether you got the assignment of 
that contract on the same day that the contract was awarded ? — A. I 
don't think any contract was ever made with Haws. They called it an 
award. 

Q. It was tbe award assigned ? — ^A. I don't think I ever saw the 
award of that contract, as far as I remember. 

Q. Something must have been assigned ? — A. Yes, sir. A paper was 
drawn up assigning tbe award, or the contract, or whatever it was, 
which Mr. Haws executed. 

Q. Is that the same day begot the award? — A. I don't know. I 
bave no recollection. I probably knew at tbe time. 

Q. Haven't you any paper to show? Haws bad something to show 
tbat he had an award of a contract, hadn't he ? — A. Perhaps he bad ; I 
cannot state from recollection. I bave no doubt tbat I bave among my 
papers — I bave not looked at them from that day to this — tbe exact 
agreement that was made, whatever it was, which I will be very glad 
to furnish if you desire it. 

Q. I want to get at the dates ; tbat is tbe only i)oint I am striving 
for. — A. I could only state that from recollection, but I have no recol- 
lection of the subject, whether three days or three months. 

Tbe Witness. I should like, if tbe committee will allow me, to make 
one other explanation. 



TESTIMONY OF ENGINEER BARNEY. 2363 

By Mr. Hamilton : 

Q. Yoa say that you had the opinion of the Comiitroller of the Treas- 
ury ? — A. Yes, sir; verbally. 

Q. Who was that ? — A. Mr. Tayler, the present Comptroller. 

The Witness. While I was in "the West, about the time Mr. Colton's 
testimony was given before this committee, I noticed in the dis[)atches 
from Washington to the western newspapers the statement that I had 
left the city to avoid an investigation into this matter. I only desire to 
state iu regard to that that the day on which I left I think the last 
gfentleman to whom I spoke in the House was Mr. Wilson, a member of 
this committee, to whom I stated as fully as 1 knew where I was going, 
why I was going, and everything that I knew about it. I therefore take 
it for granted that the committee could not have made any such infer- 
ence, as there could not have been any possible reason for it iu respect 
to myself. 

By Mr. Christy : 

Q. Will you state the date of your earliest contract with the board 
of public works? — A. Mr. Wilson has it. 

Q. Tiiat is the earliest contract? — A. I have stated the only ones I 
bad. 

Q. What ofiQcial position did you occupy at that time with reference 
to the legislative assembly of the District of Columbia t — A. Xone. 

Q. When were you a clerk in the legislative council '? — A. The year 
before. 

Q. Your term of office had ex]Mred ! — A. Y'es, sir. 

Q. Was any other person interested with you iu this contract with re- 
gard to wood fences except Mr. Colton ? — A. Neither directly nor in- 
directly. 

Q. Vvhat amount of money did you, in fact, advance to Mr. Colton 
upon that contract?— A. Soine 825,000 or $20,000. 

Engineer Barney' recalled. 

By Mr. Stewart : 

Question. Have you made an examination of the figures that I re- 
quested? — Answer. Y^es, sir. 

Q. How much do you ascertain has been paid to contractors by reason 
of those errors that have been discovered on final estimates where 
they have been paid and the board had not obtainc^l the money? — A. 
821,080,07; to Mr. Hulse, Xew Hamshire avenue, 81,01.j.Sl ; to Mr. 
Folhmsbee, Second street, 80,852.15; to ^h\ Clephane, Twelfth street, 
87,281.50; to Messrs. Walsh & Gleason, East Capitol, 85,0;i7.21. 

Q. On Second street, that was Blickensderfer's measurement. There 
were no cross-sections for that ? — A. No, sir. 

Q. That had to be estimated? — A. Yes, sir. 

The Witness. I wish to make; a statement, so as to correct my testi- 
mony in regard to Xew Hampshire avenue that I gave the other day. I 
stated here that the contractor, ]\rr. Murray, de(*eived the assistant 
engineer in regard to his work. I wish to say that on New Hanii>shire 
avenue there are about 1 10,000 yards of earth, and it lies between ^lajor 
Vandenburgh and Mr. ^Inrray. I am perfectly willing that tlie\ should 
swear it out. 1 do not know anything about it. I supposed at the time 
1 made the cross-sections that ^fr. N'andenbnigh had taken it all out, 
but Mr. Murray informs me that he had taken a p(ution of it. Mr. Vau- 
denburgii says he has not. That is for these gentlemen to decide. 



2364 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Turn to page 21G5 of Mr. Class's testimony. I ask you how long 
it would take you to have those measurements for the purpose of verify- 
ing those statements that came to you. I will call your attention to 
that. The first item there : " Balance due on the last measurement." — 
A. Do you mean that this is the balance of all the measurements that 
have been made? 

Q. I just gave you that ; you see what it is there. — A. In order to as- 
certain the correctness of this balance, I would have to go over every- 
thing. 

Q. How long do you think that would take you ? — A. Probably six 
months. 

Q. That would be a very excessive measurement, w^ould it not ? — A. 
Yes, sir. 

Joseph H. Fletcher sworn. 

I see from a portion of the evidence given by Mr. Cluss, in 
speaking of the excessive prices x)aid to me for my contract for old 
tlaggiug, I would like to make a statement in relation to that, and 
about my contract. I would state that after 1 was awarded the contract 
there was no price fixed for the work whatever. I addressed a communi- 
cation to the board requesting them to fix the price in order that I might 
be able to sign the contract. After a few days I went to the office of the 
vice-president, and I inquired of one of the clerks with regard to my 
communication, and he informed me that it had been referred to Mr. 
Oertly. I then saiw Mr. Oertly, and I requested him to attend to it as 
soon as possible, because I wanted to know what I was to receive. 1 
was then working blind. I do not know what I have to receive for the 
work. He fixed the price, and I then signed the contract and bonded. 
It was in last July. In regard to the price of old flagging — the excessive 
price — I wish to state that the old flagging cost me more in proportion 
a foot to lay than new. I also want to mention what I read in one of 
the papers last night — a New York paper — in reference to my being an 
unwilling witness, and also in reference to my being settled with and 
paid for my work, which is not the fact. The work has been measured, 
and I have been paid in certificates for all the work that 1 have done. 
I have done this work cheaper than any one else. All others who have 
done this work have received much better prices than I have. 

By Mr, Wilson : 

Q. How long have yon been engaged in this flagging business ! — A. 
I believe I have only done — I have worked at flagging — I served my 
apprenticeship at it, and I have worked at it as a journeyman, and I 
worked for Mr. MuUett at the Treasury Department. I received a con- 
tract fioni Mr. Clark last year. I did some work for him at flagging at 
First street. 

Q. The flagging you did for Mr. Clark, did you furnish the stone ? — 
A. A portion of it; only a small quantity, that I got here in the city. 

Q. What did you get for laying the flagging there ? — A. Ninety cents 
a foot. I only jointed it and set it. A portion was jointed that I laid. 
He furnished the stone. 

Q. What did you understand it to be worth to lay flagging and to fur- 
nish the sand and cement ! — A. That would depend entirely upon cir- 
cumstances — what I was to receive in the way of money, bonds, or cer- 
tificates, or how I was to receive it. 

Q. I am talking about money. — A. Well, of course, like everybody 
else, I wanted to make as much as I possibly could. 



TESTIMONY OF JOSEPH H. FLETCHER, 23G5 

Q. What did you consider a fair price ;' — A. What I consideie<I a fair 
))rice and what I would be perfectly willing to do it for — such new work 
as I have done and others that I have seen around — I would be willing 
to do for 40 cents a foot. 

Q. You mean to do the work and furnish all the material .' — A. Yes, 
sir; furnish the stone, sand, cement, Joint, and set. 

Q. Have you looked at the Hagging ? Of course, you saw this out 
here on .Maryland avenue .' — A. That is flagging E did myself. 

Q. Have you seen the flagging put down by John O. Evans on B 
street nortli ? — A. Yes, sir; I have noticed all the flagging that has 
been done. 

Q. All around the city ? — A. Yes, sir. 

Q. AVhat kind of flagging is it ? — A. It is all rough flagging. 

Q. But that part which has been done around the circles has been 
dressed. That is what is called " axed." What is the market-price of 
that kind of flagging ? — A. Well, I am satisfied — in fact, I would be per- 
teotly willing — to take a contract to deliver here for about IS cents a 
foot, delivered at the wharf. 

Q,^ What is it worth to haul it up into town — take the average haul? 
— , A I liad it hauled for me for two and a half cents a foot ; and I could 
have had it done for two cents, if I had had the money to pay in cash. 

Q. Is this flagging that is down here of miscellaneous sizes ? — A, As 
far as the width is concerned; it all comes in length five feet, that is, 
the portion I used. 

Q, John O. Evans's flagging ? — A, That is all the same. 

Q. You thiidv you could then put this flagging for forty cents ? A. I 
would be perfectly willing to do it, and ^ive the necessary bonds to do 
it. 

By Mr. MAXxmCrLY : 

Q. Do you mean to say that is not dimension-flagging ? — A. I mean 
to say this: that it is regular length and irregular in width — all that I 
have seen. 

Q. Do you mean to say that there is a specific market-price for that 
kind of flagging? — A, Yes, sir; I do so. 

Q, Do you mean to say that it is not designated on the price-lists of 
all dealers in flagging as subject to special contract ? — A. That is where 
the dimensions are the same in width and length, and not where the 
length and width vary. 

Q, Then, I understand you to say that is not understood as dimension- 
flagging ? — A. Not as dimension both ways. 

(}. What is understood as dimension-flagging in the trade ? There is 
no specilic market-price in the [)rice-lists, is there? — A. The dimen- 
sions are the same in length and width. There is no contract by me 
but, where the width of the flagging is irregular, there is the price-list 
for it. 

Q. Then I understand you to say that where the width is irregular, it 
is not dimension flagging .' — A. No, sir. 

(}. Andcnmes within tlie |)ri<'e-list ,' — A. Yes, sir. 

(J, ,\.nd that in these cases the width is irregular ? — A. In all the flag- 
ging I have seen the width is irregular. 

Q. You have seen all tlu- flagging.' — A. I think 1 have noticed most 
of it. 

By Mr, Sxewaim : 
(,>. Is there any difference in going around a circle and laying a 
straight line !— A. I think at B-street circle the stoue is superior. 



2366 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. In laying a circular form of flagging, is there any difference in the 
l^rice between that and the other? — A. The face of it is dressed. 

Q. Bat I mean in laying it down to make it fit square. — A. I do not 
know as it is any better job. 

Q. That is not what I ask. I ask is it any more of an expensive 
job ? — A. Not any more expensive to lay it. 

Q. The only additional expense is the dressing of it ? — A. The dress- 
ing. 

Q. Is not there wastage in laying around a circle where it concentrates 
toward the center ? — A. There may be wastage of the stone. 

Q. In laying stone around a circle such as P street circle, does not it 
have to be concentrated toward the center, and is not there a little piece 
of it cut off of each stone ? — A. Yes, sir ; a small quantity. 

G. W. EiGGS sworn. 

By Mr. Wilson : 

Q. Have you had assessments made against your property, in this 
city, for street improvements ? — A. Yes, sir. 

Q. Do 5'ou know by whom those assessments were made 1 and if you 
have had any interview with any person in regard to them afterward, 
I wish you would state just what occurred. — A. I do not know by 
whom ])ersonally they were made. I got the information from the board 
of public works. The usual written notice I got, or i)rinted notice, I 
forget which it was. 

Q. Did you make any complaint as to the incorrectness of the amount 
stated in those notices ? — A. I (^d in some instances. 

Q. What was the result? — A. I complained of the assessments, which 
I claimed were too large, and they admitted they were wrong, and told 
me I should be allowed a very large i)ortiou of it. They told me I 
should have credit for it. I have not paid the bill. I hold the corre- 
spondence that I had with the board of public works, admitting that 
they had overcharged me. 

Q. You have that correspondence with you now ? — A. Yes, sir. 

Q. Let me see it. " [Witness produces it.] — A. This is in regard to 
one case in front of my own house. 

Q. Just give the committee a history of this matter. — A. This notice 
was served on me on the 9th of November. I think it is about that 
date. 

Q. What is the amount you were assessed ? — A. That is, the amount 
in front of my dwelling-house? I was assessed for 8856. 

Q. What year is that? — A. November, 1872. I had, previous to that — 
in order to explain my making objection in connection with the ma,jority 
of the property-holders — I had, when I understood they were going to 
take up the carriage-way, which was a remarkably good one, of stone, 
handed to Governor Cooke, then the governor of the District, a written 
protest against changing the street. I objected to it because they were 
going to put an inferior one down. He said that was a matter of opinion. 
But I found that the protest did no good, and they took up the pave- 
ment and then laid one of those tar pavements in front of my premises. 
When the bill came in, I took exceptions to the amount, and inquired 
whether I was charged the same as the rest of the street. I was in- 
formed that it was so. I then addressed a communication to the board 
of public works, and told them that in front of my house there had been 
no sewer laid — there is no sewer on the square on which I live at all — 
and that I found that I was charged for a sewer which did not touch 



TESTIMONY OF G. W. RIGGS. 2367 

my square. I thought that was obicctionablo; that I shouhl not pay 
for improvements which I couhl not derive the benelit of; in fact, was 
not on my square at all. I also objected to the fact that they charged me 
for curbing, when they used my old curbing. - They Just moved it out 
two feet and used the oW curbing. 1 objected to their charging me for 
a new curb, when they use<l old curbing. I held a corrcsitondcnce with 
the board ot public works about it, and the agent of the board of pub- 
lic works told me that I was entitled to a drawback. 

Q. What was the amount of the assessments against your property 
there ? — A. The amount of this one was $850. 

Q. What changes did they make in it ? — A. In the lirst communica- 
tion in answer to my first letter, they said : 

Board of Puiujc Wokks, District of Columbia, 

Washington, November 29, 1872. 

Sir: In reply to yours of the 21st instant, relative to the assessment for the im- 
provements in front of your premises in square 185, fronting on I street, northwest, 
you are respectfully informed that Mr. Forsyth, assistant engineer, reports that you 
are entitled to a drawback of s:jl)l.71, and that the blucstone on the street has been 
credited to the general accounts of the entire street. 
Bv order of the board. 

CHAS. S. JOHNSON, 

Asuinlant Secretary. 
Geo. W. Eiggs, Esq. 

This last clause is unnecessary after my letter, in which I stated that 
the bluestoue pavement for which I liad paid in ftdl hud been taken up 
and carted away. I have thought if they took away tlie pavement for 
which I had paid that I should be entitled to the credit and paid, too. 
They said no; the whole street was ent/itled to the credit for that; that 
is, the s<piares beyond were to be credited for the pavement in front of 
me. The second communication was in answer to another one, in which 
he stated what they allowed me for the curbing, but tliey had never 
noticed my complaint of the sewer which they had not put there. They 
then answered : 

Board of Public Works. 

Waahingtou, December 10, 1872. 

Sir : In reply to yours of the 4th instant, relative to your assessm(>nt bill for improve- 
ments in front of your premises, in square 185, you are respectlully informed that you 
are entitled to a deduction for 21:5' 2", being tlie front of lot G, s<inare 185, .§()3.96, and 
your account has bei-n referred to the auditor to audit. 

By order of the board. 

CHAS. S. JOHNSON, 

Assistant Secretary. 

Gkorge W. Rigcs, Esq. 

I presume that was for the sewer, but they didn't say so, and they 
sent the matter to the auditor to audit. Tiic total amount allowed me 
would be within a fraction ot one-liall"of the amount charged. 

Q. Have you ever heard of this assessment against you since that, 
and from any other source; and if so, from what? — A. 1 heard it was 
in the First National liank. New York. 

Q. How <lid you get that information ? — A. The ca.shier called on me. 

Q. What did he have ? — A. J don't know that he had anything, but 
he spoke to me about having assessments against my property. 

Q. For what amount ? — A. I didn't ask him the amount. 

(^. How long after these settlements ha<l been made until lie called on 
you? — A. It was some time after this correspondence. 

Q. Had you paid this amount? — A. No, sir; I have never paid it. I 
objected to i)aying it — to pay the lull assessment, w hen I was entitled 
to the credit of about halt. 



2368 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What reason have yon for not i^aying tlie amount that is properly 
assessed, if there is any properly assessable? — A. iN'one at all. lam 
■willing' to i>ay my taxes. I have never failed to jiay any that I did not 
take exception to. 

Q. This you did take exception to? — A. I dirt. I told the cashier of 
the bank 1 intended to dispnte this bill ; and I think I told him I would 
fight him, and he said he would not tight with me. 

Q. Has this assessment against your property been transferred to a 
bank in Xew York ? — A. I understand so. 

Q. Do you know for Avhat purpose — whether sold or hypothecated? — 
A. I do not — I do not remember. I understand that they hold them. 
That is all I kuow about it. They told me they held some assessments. 

Q. Was there any other property of yours used there than that you 
have mentioned ? — A. They took np a good pavement and put down a 
bad one, which I took exceptions to, and I protested against, before 
they commenced. 

Q. Where was that? — A. Do 3"ou mean other property? I have 
property all over the city to which I take exception. 

Q. Did they carry away any of your sidewalks or curbing ? — A. Yes, 
sir. I am now asking for the returns for those things. 

Q. In what way did they give you this assessment — in certificates or 
by — you say all ? — A. All I know about it is they merely communicated 
to me they would refer to the auditor to audit. 

Q. That is the last you know of it ? — A. Yes, sir. 

By Mr. Stewart : 

Q. Do you contest the whole of it — the whole assessment — as illegal ? 
— A. No, sir. 

Q. I mean the whole special assessment. — A. I may as well state in 
all fairness to the bank, I stated another point which I would dispute 
under legal advice. I told the cashier of the bank that the certificates 
issued — I thought I had a right to pay in the certificates which the board 
of public works have issued to pay contractors. The construction 1 put 
upon the law was I could pay with these certificates. 

Q. You could buy certificates they issued and exchange them ? — A. I 
told him I thought I could pay them : that I had the right to pay them 
whenever I ascertained the aggregate amount and pay the aggregate 
amount of these certificates, and that I was advised I could do so by 
the best legal authority. 

Q. That is the reason you have not paid any of them ? — A. No, sir ; 
I have paid a great many of them. I have paid some of them where, I 
have no doubt, there was an overcharge, but I did not care much about 
it. I thought I would get rid of it. 

By Mr. Mattingly : 

Q. What is the date of your first letter to the board ? — A. A few days 
after they sent me the notice. I received the notice on the 9th or 12tli 
of November, I do not remember which, and on the 21st of November 1 
wrote them a letter. 

Mr. Christy. I desire to call the attention of the committee to what 
is on page 2252 of the record, where there was a difference of recollec- 
tion and not a question of veracity between us. It is merely to settle, 
by a reference to the record, a question of recollection that has arisen. 

The Chairman. In reference to what ? 

Mr. Christy. About this matter of controversy growing out of the 
execution of an offer to arbitrate the matters in controversy between 



TESTIMONY OF ADOLF CLU8S. 23 G 9 

the board ami Daniel Strong', in wliicli Mr. Class tliou.uht proper to 
make a statement which was denied with a <ireat deal of eiiipliasis, as 
you will reuiember. I simi)ly desire to ])laee belore the eoimnittee that 
record to which 1 made alhision at the time. The lirst api)earaiice is on 
page 738. The first allusion to that matter was made by ]\]r. Strong. 
He was interrogated in regard to it. 

The CiiAiKMAN. You need not read what is said; just refer to the 
pages. 

3Ir. Christy. Then, on page 731, Mr. Magruder was interrogated and 
witldield thefaet, as I claim, that he or Governor JShepherd had signed an 
agreement, not answering in regard to that, but simi»ly sj)eakiiig of a 
pai)er which was handed to you without any allusion whatever to the 
fact tliat it was that particular pajx'r which proved to be a co[)y to 
which there was no signatures. 

The Chaikman. He was not asked about that at the time. I remem- 
ber that myself. 

Mr. Christy. Xow, on page 055, ^h\ Willard was examined upon that 
subject. He likewise makes reference to it, stating the existence of the 
paper and its history. Then, on page 9G3, there is this testimony. The 
nuitter under discussion was whether any statement had been made 
by Governor Shepherd in regard to it. 

[Mr. Christy then read iVom page 'JG3 of the record.] 

Adolf Cluss recalled. 

The Wi'i'NE^s. May I add one word i The fact that Governor Shep- 
herd stated publicly that this paper had been handed to him by Mr. 
Harrington, and that Mr. Harrington said that it was a good thing for 
the District to do, that was what led me astray. I was positive and 
sure that all these very complicated operations between the board of 
public works and Mr. Smith could not in any way or shape be knowMi 
to Mr. Harrington without his having referred to the records of the 
engineer's ofiice, where days and weeks had been spent in trying to ef- 
fect a settlement. And so I thonght it was a very unfair statement. It 
was impossible to be made. How could ^Ir. Harrington know tiiatthis 
was good for the District? William A. Cook, the attorney, might have 
known something of it, but no application had been made to the en- 
gineer's oHice. I thought it was extraordinary that Mr. Harrington 
should say it was a good thing for the District to pay all these accounts, 
dating back for so many years. 

On page 2U20 I wish to read : 1 am talking about that general hiAv 
for these unun sewers. The legislature passed an act — seven mills for 
Greorgetown. That was for all those sewers. Now I refer to page L'J)03, 
where 1, together with Mj\ liarney, after my subptena, looked at the 
cost of tlie main sewers. Here 1 find that the total cost of the nuiin sewers 
in Georgetown is, for the. one sewer on Beall street, 81*12, 7(>S.(»r». There 
is only one other larger sewer in fieorgetown. This is on Bridge street. 
However, since this sewer on liridge street lias been assessed to the 
street proper, it cannot be im;luded also as a main sewer. Even if this 
.sewer was to be included, it would not amount to more than only >* 10,000. 
1 have the voucher here for this sewer, though I just mean to say. in kind- 
ness, that memory fails others as well as me. I ha\e got another page 
liere. Sin(;e yesterday a very extraordinaiy document was circulated, 
and I was juesented as a periurer to the I'resident of the I'liited States 
ami the country. I have had little lime to look o\er these things. 

[The witness tlieu read from page IOl'O of the record, to the ellect that 
149 D C T 



2370 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

Goveruor Shepherd stated that Mr. MuUett had received ouly 85,000 in 
the aggregate.] 

The Witness, resnming-, said : ]S'ow, Mr. Mullett received about $5,000, 
aud I have the voucher for it. He did not receive it in gross, as Mr. 
Shei»herd states. 

[The witness then read the following paper :] 

Washingtox, March 12, 1S73. 
The Board of Public Works, 

To A. B. Mullett, Dr. 

For services as chief engineer, from May 17, 1871, to AngUvSt 24, 1S71, and 
from December IG, 1871, to April 30, 1872, seven months and twentv-oue 

days, at So.OOO per aunnm ". 83, 208 33 

For services as consulting engineer, from August 24. 1871, to December 16, 
1871. and from April 30. 1872, to October 14, 1^72, nine mouths aud six 
days, at $2,500 per aunuui 1, 916 67 

5, 125 00 
Appioved: 

H. D. Cooke. 
Alex. R. Shepherd. 
James A. Magruder. 
Adolf Cluss. 
S. P. Browx. 

Received pavmeut. 

A. B MULLETT. 

By Mr. Mattixgly : 

Q. How much do you make it he was paid in gross ? — A. I say he was 
paid in detail, and not in gross. 

The Chaikmats". I don't think it is worth while to spend much time 
over that ; that is all in one voucher. 

The Witness. Yes, sir. 

M\\ Stanton. He was paid, in the aggregate, $5,000. 

Mr. Cluss. 1 have a couple of more references, but what I have read 
are enough. I just waut to show what Cliristians these gentlemen are 
who have branded me as a perjurer throughout the country. 

By Mr. Mattingly : 

Q. Did not you certify on the voucher for that certificate, that that 
was certainly curb ? — A. I do not know. Bring me the voucher and 
then I will show it to you. 

Q. Don't vou recollect von did f — A. I do not recollect. 

Q. Will you 

Mr. Wilson. Mr. Mattingly, I believe I have the witness; I was 
going to examine him myself. 

Mr. MattinCtLY. This is a voluntary statement, as I understand, 
made by him of his own motion. 

The Witness. I believe the curb is one of those vouchers that Mr. 
Forsyth has passed, you know. I do not think that, to the best of 

my recollection and belief, you know . I do not want to retaliate. 

I have six children and a wife, aud I do not like to be branded as a 
perjurer by gentlemen whom I do not consider as Christians. I am sat- 
isfied. 

By Mr. Wilson : 
Q. I understood you to say the other day that you had seen Senator 
Morrill in regard to the manner in which the board of public works, or 
the business of the board of public works, was being carried on some- 
thing like a year ago. State whether or not you made any suggestions 



TESTIMONY OF ADOLF CLUSS. 2371 

to liiiu with reforonce to your resi<;nin,n- your position. — A. I spoke to 
Senator Moriill of the iriej;iihir way in which this hoard business was 
done. I do not know as I have ui)on this stand chari^cd any fraud, but 
I charged inat-euracy — want of punctuality in the diifcreut movements 
of the board. This I suggested to Senator Morrill — whether it was a suf- 
ficient reason for me to resign. The Senator told me to try and get 
along- as long as I could — to do the best that 1 could. Yesterday after- 
noon I took an oi)i)ortunity to ask the Senator whether this was so. He 
said, "Yes; you have not charged any fraud, you know; but you said that 
you felt uncomfortable from the way the Itnsiness was being- done." I 
then requested the Senator to be kind enough to state to the chairuian 
of the cummittee the fact. I do not know whether he has done so or 
not. 

By ^Ir. ITuEBELL : 

Q. Did you inform the President, who api)()inted you, that you were 
not satisfied with the way things ^^ere going- on f — A. There was not 
sufficient reason. 

Q. I ask you if you did. — A. 1 did not. If there had been fraud, of 
course I would have felt it mv duty to have informed the President, but 
about a mere matter of the manner of transacting- business, I did not 
think it would be well to bore Senators and Congressmen; but, at the 
same time, if of their own volition they inaugurate such an investiga- 
tion as this, I feel it a solemn duty not to shrink from the solemn 
responsibility, and then feel dis{)Osed to say what I have said. 1 have 
done it, and I have satislied my conscience. 1 am willing- to take the 
cons('quences. 

Mr. HuBHELL. I am not talking with you about cousexpiences. I 
asked you a simple question, and now that you have answered, I am 
satistied. I do not care about your entering- upon a vindication of your 
motives to me. I asked a simi)le question, and you answered ; that 
ought to be sufficient. 

By :Mr. ^YILSON : 
Q. Y^ou spoke formerly about the records of the board of public 
works, and have spoken about the irregular manner in which the busi- 
ness of the board has been done. !Xow look at the record, and say whether 
the entries in that record indicate regular board meetings, or whether 
they indicate something that was done when there was no regular board 
meetings, and of which you had no knowledge. — A. These entries do 
not certainly indicate board meetings, as far as I understand them. 
November 21, November 22, November 24, November 25, 20, 2.S, there 
seem to be daily entries, and I am positive about it tliat I was not in- 
formed that such meetings were held. In thatrespe(;t I might, i)erha[)s, 
enlighten the committee a little, since we are talking about these meet- 
ings. ^Ir. dohiison, they said, has stated tliat fre(piently theie was a 
majoiity of tiiree. How that is I can very easily understand. I7p to the 
1st of January the vice-presidenr had not even a room for himself. He 
occupied a little desk in the clerk's room, but when, since danuai-y this 
year, I persisted in Inning some weekly board nu'ctings, then a little 
room was set apart where we had meetings. Before that, e\er since 
Dr. Blake was appointed, he was active; ex'er since he resigned in the 
bank, he came every day. Mi-. Willard would be there, and Mr. Blake, 
and Mr. Magruder, who occnpi<'s the next room, ha])pened to (lro[) in, 
there would be a majority, and tlu^ board meeting was held. Yon spoke 
yesterday in your formal examination about Mr. Oertly being desig- 
nated by the vice-president to nmke measurements on which moneys 



2372 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

were paid. Now, I called on Mr. Magruder for some vouchers to-day, 
and he hands me some, of which this is one. 

Q. See if that is a specimen of what yon have been talking aboat. 

The Witness. This is one of those vouchers. 

Q. Wbat is that f — A. That is the second of the series of three vouch- 
ers. The first bears date July 2, 1873. It is marked informal. 1 have 
to correct former testimony. I am not positive whether this informality 
was there when I first saw that voucher. Now the second voucher 
is this voucher — $190,000. Ah, excuse me, that is C. E. Evans & 
Co. This is a voucher I don't know anything at all of; I believe it was 
the second voucher of John O. Evans ; it bears about the same date ; 
this is something I saw the first time. 

Q. Just read what you have there. 

Washington, D. C, July 30, 1873. 
Mr. Oertly : 

Please make an estimate of what is due Evans Concrete Company, reserving enough 
to secure the board. 

A. R. SHEPHERD, 
r. P. 

B. P. W., D. C, 

TTasMngton, D. C., July 29, 1S73. 

Hon A. B. Shepherd, Enq., Fice-Pres't B. P. W. : 

Sir : I find the following amounts of work have been performed hy C. E. Evaus & 
Co., since and in addition to the work embraced in schedule dated December 23, 1872, 
viz : Total, §71,175.75. • 

Resp'y, 

B. OERTLY, 

B'y Eng. 

James A Magruder recalled. 

By Mr. Wilson : 

Question. Just in that connection, Mr. Magruder, I will ask you if you 
paid money on that voucher, — Answer. I cannot tell you, sir. I can tell 
you by going over my certificates, [examining voucher.] Yes, sir, that 
is paid ; receipted. 

Q. Now, give me that, if you please, a minute. — A. This paper that 
is handed to Mr. Class a moment ago bears date July 30, 1873, does it 
not! 

Mr. Wilson. Yes, sir. 

Q. What amount of measurement has Mr. Oertly made? — A. 71,- 
175.75. 

Q. On how many different streets ? — A. Nine different streets. 

Q. That is what you call a schedule on which you make payments ? — 
A. Yes, sir. 

Q. Now, on the 30th day of July, 1873, was there a certificate issued 
for that amount of money ? — A. No, sir, for $25,000. 

Q. That certificate was issued on that measurement "l — A. Yes, sir. 

Q. And that measurement was requested to be made on the same day 
that that certificate was issued ? — A. Yes, sir. 

Q. When did you i)ay it? — A. It seems to me here the measurement 
don't bear date of that measurement ; bears date July 29, and this the 
30th. 

Q. That is not a very regular way of doing business ? — A. That is a 
very singular thing. This must have been made out before, or that 
date might have been wrong. 



TESTIMONY OF ADOLF CLUSS. 2373 

Q. You think the goveruor might havo put in tho wrong date ? — A. 
Yes, sir; from the fact that measurement is dated July 29. 

Q. AVliat do you tind on the back of that i — A. " Mr. Johnson, direct 
the auditor to pay $25,0(K) on this, and see Mr. Clephane, and Mr. Ma- 
grudt^', and ask him to attend to it and give certificates." Tliat is July 
30. That is very pro])er on that, lint this note, if that is what he 
meaut — that belongs to this — this note ought to luive been dated, prob- 
ably, before it is. 1 do not understand why dated 30th when the nu^asure- 
meut was already made out. 

Q. Whose nan'ie is it on that?— A. A. R. Shepherd, July ,30, 1873. 

Q. That is pretty quick work ? — A. I sui)pose he could nuUce those 
measurements, probably, from data in the ofiice. I have seen Mr. 
Cluss make them from the map. 

Mr, Wilson. That may be. 1 am not asking whether he did or not. 

By Mr. Hubbell : 
Q. Did this pay all that was due ?— A. No, sir ; $25,000 on $71,000 
measurement. 
Mr. Hubbell. That is all. 

By Mr. Stewart : 

Q. It is not yet paid in full ? — A. He is not paid in full.j 

Mr. Cluss. It will take the balance due him to repair his streets, 
■which are entirely out of order. 

Mr. MaCtRUDER. I believe you were asked to find out what it would 
take before we agreed to obligate ourselves to pay him any more 
money. 

Q. You kept back enough money? — A. Yes, sir. 

Mr. Stewart. That is all right.*^ 

Mr. Cluss recalled. 
By Mr. Wilson : 

Question. I understand you to say that here is another of those same 
irregular voucliers. On the 2d of Septcnd)er, 1S73, Albert Gleasou asks 
for a measurement. Look at that paper and see what it is. Shall I 
read it '? — Answer. Yes, sir. 

[Witness proceeding to read, tho chairman stated that there was no 
necessity for his reading that voucher, as it was already in evidence on 
page 2130 of the record. 

Q. That is the kind of vouchers of which you say you have s})okeu as 
being an irregular mode of doing business? — A. Yes, sir; and I have 
referred to. 

Q. In other words, your complaint has been this: that the vice-presi- 
dent wouhl direct some subordinate of your ofllice to go and nudce meas- 
urements, on which money would be i>aid! — A. Yes, sir. 

Q. Or certificates be issued? — A. Yes, sir. 

Q. Without going regularly through your ofiice? — A. Yes, sir. 
And this is the first I ever saw as to how the money was i>aid to 
Gleasou for lilling up the canal. This is the first I knew of it. Before 
passing from that vouc'hei-, since that voucher is just in your hands, 
I would like to itnpress you more earnesfly with my serious doubt 
about its regularity. In that same xoucher there is — and I found ^lary- 
land avenue, fronj Thirteenth to Fourteenth street, filling — Mr. Oertiy 
measured 1,074,41.">; and again, Maryland avenue, from Seventh to 
Eleventh street, gratling an(l haul to canal, 4~)S,2()0. ()u page 103 of 
these so-called minutes tho chief engineer was directed to cancel con- 



2374 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tract No. 800, of James Alma, and prepare a contract with ^h\ Albert 
Gleasou for grading and setting curbs, and so on, between Marjiand 
avenue and Long bridge, southwest, with blue rock, which will be fur- 
nished by the board, to be applied for within thirty-five days. Now, 
gentlemen, here was a contractor who took off the crust of the road and 
left it there during the winter, instead of doing it in thirty-five days. 
He had the money in his pocket for doing the work, which was not done. 
He left the street in a miserable condition, and so it is to this day. 
In the same voucher there is another one. This case is disposed of. 
In that voucher your competent and faithful engineer, Mr. Blickens- 
derfer, has here again found in this high-priced work of Gleason at 
Seventh and F streets. Now, he finds that excavation cost about 8200 
a yard. Now, in this very voucher, without my knowing of it, and 
without the price being fixed for Mr. (&leason for doing this work, I find, 

without my knowing of it, the work on street from Sixth to Ninth, 

and from Seventh, E, and G, $50,121.00. Looking this matter np, I 
found afterward that he had just paid the pay-rolls on the days' work. 

Q. Where is that voucher to which you refer? — A. I refer to this Glea- 
son voucher which is here in evidence. Now, when this final voucher 
was made for this work np there, nothing remained for me but to pay 
the $1,000 in addition to this, the whole of which was in his pocket 
already, or at least went already to the auditor's to be put in his pocket; 
whether in whole or in part, I do not know. He said : " I had to pay my 
hands in cash, and you pay me in all sorts of paper." So when he came 
to me I could not do less than allow him fifteen per centum on these 
paj-rolls, which have been paid for in this voucher, and this settlement 
was made. That is the whole responsibility I had for the extreme cost 
of this work on Seventh and F streets. I have done. 

By the Chairman : 

Q. Did you sign a final voucher for that ? — A. Yes, sir. The money 
was already handed over. All that remained for me to do was to sign 
the pay-rolls. 

Q. Did you not pay him more than that ! — A. I paid him one thous- 
and dollars in addition to that. I paid him according to the pay- 
rolls, which I assumed to be correct. He had to swear to them as being 
correct. He claimed that he paid his men in cash, and wanted 15 per 
cent, additional, having to take paper which was 25 to 30 per cent, be- 
low par. I did not see how he could do his work honestly, pay his men 
in cash, and take paper which was at so gr^at a percentage below par. 

Q. I see on that voucher he only received 800,000 at the time. — A. 
But you must see that in this voucher is included the payment of 
another voucher. 

Q. I understand it now. 

By Mr. Wilson : 

Q. Look at page 2129 in your testimony, and you will find the meas- 
urement made there by Mr. Oertly for Albert Gleason, 814,823 : now, 
uas there any part of that work that was not done at that time ? — A. 
I could not say. 

Q. Is there any explanation that you desire to give in regard to any 
portion of that work ? — A. I have said before, that this east and south- 
west from Tenth to Thirteenth street grading and hauling to the canal, 
817,705.25 — this work was done without grades being given by the en- 
gineer, and, iu fact, after the work was done, they dug a hole which I 
have invited you to look at, which cost us some thousand dollars to fiU 
up. 



TESTIMONY OF ADOLF CLUSS. 2375 

Q. Tlint I undorstand; I do not care anythinjj about tliat. — A. Iliave 
given this explanation of F street north and Seventh and G streets ; 
that is what I had reference to. I had furtlier reference to this Mary- 
laud avenue, where 85,000 — so much given for Just tearing up the street 
and leaving it afterward. 

Q. Are there any matters in any of these vouchers that have been 
brought out in your testimony with reference to which you wish to 
make any explanation '? — A. Xo, sir ; I just wanted to impress more 
earnestly the irregularity upon you and the impossibility for the engi- 
neer to do his duty under such circumstances. 

Q. That work on Maryland avenue, between Thirteenth and Fourteenth 
streets, aiul from Seventh to l^^leventh, grading and hanliug to the canal, 
was that work done at that tiiiu», do you know? — A. I do not think, by 
looking at this now, the engineers gave any grades there, and indeed I am 
not positive whether there are any cross-sections there since he stopped 
all at once — by the time 1 noticed that the whole thing was in a bad 
state. For sure that filling ouglit to have been paid. It was certainly 
wrong to the citizens of Maryland avenue; for between Seventh and 
Ninth streets some grading was done, and then again the earth was not 
taken away for filling on Twelfth street, but instead of that it was 
hauled to the canal. 

Q. Have you the papers in reference to this flagging matter ? — A. I 
have received these papers a little while ago, but they are not in full 
yet. I noticed on Jaiuiary, I believe, the 24th, about 822,000 have been 
paid to Mr. John O. Evans for flagging, and I have not been furnished 
■with any data showing me evidence of the order under which it was 
done, and under what agreement, and I desire to have these transac- 
tions in full. There is nothing at all ; but the first thing I see here is a 
voucher for twenty-two odd hundred dollars on two dirterent days after 
the appropriation of one million was realized, and nothing previous to 
show how this man comes to furnish any such flagging. The vouchers 
are in, but the transaction is not complete. 

I have seen various irregularities in the few minutes afforded me to 
examine them. I have noticed, for instance, that Thomas P. Morgan was 
I)aid 81.24 per square foot for flagging — for rough flagging, as rough as 
you can find anywhere. It is in that little sijuare opi)ositQ Seventh 
street, or rather on Seventh street oi)posite Mount Vernon Scjuaie — mind 
you, on Mount Vernon S(|uare — where Mr. Morgan was pushed ofl' and 
Mr. Evans was pushed in to lay that flagging. Then he was given the 
little reservation just across tiie street. He laid, to the best of my 
recolleetion, about 10,000 feet of flagging, for which he was i)aid 812,400, 
instead of, at the highest rate, 8^,500. In the few minutes aflbrdcd to 
me to look over these i)apers, I request the committee, if the nu'cting 
is to close to-day, that I be allowed to make a report in writing, and 
furnish it to the committee for a record of the whole transaction. 

Q. Now, ^Ir. Cluss, at a fornu^r part of your investigation there was 
some discussion here in regar(l to the grading of i>rivate lots. 
State how they came to be graded; who was responsil)le for it, and 
what connection yon had in regard to it. — A. If the committee ask 
me, according to my nmxijn, I shall answer. Here is in that very 
voucher, square 212, grading and hauling to the (sanal, 810,000. This is 
for the charge for grading of tiiose lots belonging — I do not remember 
to whom — but just a few lots west of Senatoi- Uayard's and Senator 
Edmunds's. It was done to reconcile the property luddeis :inil to indem- 
nify them for change of grade. 1 tliinU .ludgc \VyHe is the owner. 

Q. Do you know of any other cases in which pii\ate jactjicrly lias 
been traded ? 



2376 AFFAIES IN THE DISTKICT OF COLUMBIA. 

By Mr. Mattingly : 

Q. Where was thatf — A. It is ou Massachusetts avenue, between 
Fourteeutli and Fifteenth, where the board of pubbc works injured the 
property, and then afterward, in order to pacify the indignant property- 
hoklers, tbey had to do this as a matter of justice to them. 

Q. Do you know of any other private property being graded down? — 
A. If my eyes had not happened to have fallen upon this very item here, 
1 would not have remembered this one. I think there have been others, 
but I cannot recollect them just now. 

Q, Do you know of any cases in which earth was taken off private 
property for the purpose of filling up lots f — A. I was speaking just now 
of cutting down private lots. 

Q. I am speaking of where they took earth fi"om public lots and filled 
up private lots with it. — A. No, sir ; this I do not know anything about. 
If it has been done, it has been done without my knowledge ; that is, to 
the best of my knowledge and belief. I might be mistaken. 

The Chairman. Gentlemen, we expect to close this case to-morrow. 
We will sit to-morrow till we close the testimony finally. We hope 
every gentleman Tvill come here to-morrow with this in view, so that 
any little matters you may have omitted you will put in to-morrow. 

The committee then adjourned till 10 o'clock to-morrow morning. 



Wednesday, May 27, 1874. 
The committee met at 10 a. m., pursuant to adjournment. 

GeoeCtE H. Williams, Attorney-General, having been duly sworn, 
testified as follows : 

By the Chairmam : 

Question. Mr. Attorney-General, there was some question that I believe 
you wanted to explain to the committee relating to some grading in the 
neighborhood of your house. Please to go on in your own way, and 
make sacrh a statement as you wish. — Answer. Mr. Chairman, I am ad- 
vised that an attempt has been made to make it appear that Messrs. 
liiley and Clark graded my property at public expense, and I desire to 
make a brief statement upon that subject. My house is situated on lots 
8 and 9 of block 159 of this city. Prior to the construction of the house 
Mr. Riley did no work at all upon those lots. Subsequently he made 
api)lication to take the gravel from these lots in the rear of the house, 
which he Avas permitted to do as a matter of favor, and with the under- 
standing that he should level down the lots so as to fill up the holes 
made in digging out the gravel. He accordingly took out of the lots a 
large amount of gravel, digging deep holes in the lots for that purpose, 
and then removed dirt from the other i)arts of the lots so as to fill up 
the holes thus made. 

Several persons applied for the same privilege, and it was given to 
Eiley as an act of favor. This is all the grading he ever did upon 
those lots inside of the streets and alleys — the streets and alley bound- 
aries — and I say emphatically that he is not, and never was, entitled to 
receive from anybody one cent for this work, for it was done with the 
express understanding that he should have that gravel, and for it should 
level down the lots. I understood the gravel to be worth at the time 
about 25 cents per load. 



TESTIMONY OF GEOKGE H. WILLIAMS. 2377 

Ou the west side of Connecticut avenue there are several lots tbat 
were 8 or 10 feet below the street, and in which there was stag-nant 
water for the greater part of the time. Tiiese were \n\hVut nuisances. 
Eiley was anxious to <xot a job to till u]) these lots, and take the dirt 
from the hi-h jiTound adjoining the lots, or those on wiiich my house 
stands. He came to my house fre(|uently, and importuned Mrs. Williams 
to write a letter to Governor Shepherd to aid him in .uettinji- a job. Ac- 
cordingly, at the instance of liiley, she wrote a letter to Governor Shep- 
herd upon that subject. Riley afterward represented that he had ob- 
tained the contract, and came with his plows and carts, and, after ob- 
taining instructions from INIrs. Williams fis to where and how the dirt 
should be taken, commenced hauling it away. I state emphatically 
that liiley represented that it would be a favor to him to allow him to 
take this'dirt, as it could be hauled with comparatively little trouble and 
expense to the lots that he was engaged to fill. Several other persons 
were allowed the same i)rivileges, and hundreds of loads of dirt have 
been hauled away upon a similar understanding. Mr. Clark is engaged 
to day with ten or a dozen carts, and has been for two or three Aveeks, 
in hauling away dirt fiom adjoining lots, upon expressly the same under- 
standing that was had with' liiley. Mr. Clark applied to me through 
my neighbor. ]\[r. Morgan, for the privilege of taking dirt from those 
lots to execute a filling contract which he had, and 1 granted him the 
privilege, he agreeing to take the dirt according to my directions, leav- 
ing the land in a good condition. He has the same right to charge the 
board of i)ublic works for this favor that Kiley has for charging the 
board for a similar favor granted to him. 

1 state emphatically that Eiley has uo right to charge the board of 
public works one cent for the removal of this earth, nor has he any- 
right to charge me for that work, for the express understanding was 
that it was given to him to enable him to perform a contract of filling 
which he had. 1 never asked the board of public works, nor did lever 
expect the board to do any work u])on my i)rivate property. No- 
body has ever made any application in my behalf for that purpose, 
and I had no intimation whatever that liiley intended to make any 
charge for the removal of the dirt. 

Some three or four montlis ago I received a letter from Mr. Critten- 
den or Chittenden, a lawyer of this city, in which he stated that the 
board of i)ublic works had refused to pay Messrs. Clark & liiley for 
work done upon my premises, ami wanted me to pay them for that 
work. I answered Mr. Crittenden by saying that the understanding 
was that this dirt was to lie removed from those lots without any charge, 
and for the purpose of enabling ^Ir. liiley to perform his contract for 
filling; that 1 was not indebted to him in any way; and that I would 
not pay him anything for doing that work. 

There was a pul)lic alley adjoining my property to be opened and 
graded; and there were streets to be graded and imjjroved about the 
pro|)erty. This ex[)ense was, of course, legitimately chargeable to the 
board of public works. I am not able to state the value or the amount 
of that work or by whom it was performed ; but I deny that any man 
has ever performed aliy work uiion my property with my knowledge at 
the public expense. 

By Mr. Stewart : 
Q. I desire to call your attention to that letter. [Referring to docu- 
ment.] — A. I supi>o.se tliis to be the letter that was written by Mrs. Wil- 
liams, at the instance of liiley. 



2378 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

By tlie Chairman : 

Q. Do you wish to put that iu as part of your statement "? — A. She 
writes to Governor Shepherd in the first place, in reference to supplying 
the street with gas, and then adds : 

I hope not to be obliged to trouble you agaiu for some time. The bigli ground lying 
next our lot needs lowering some, and as tliere are in the vicinity several lots to be 
filled, I should be glad if the dirt for that jiurpose could be taken from our laud, as it 
is the nearest point for obtaining soil. 

Accept my thanks for past favors, and believe me, with high esteem, most faithfully 
your friend. 

By Mr. STEWART : 

Q. That was the letter to which you referred ? — A. That was the let- 
ter to which I referred. 

By the Chairman : 

Q. Have you stated all that you desire! — A. I have stated all that I 
care to state upon that subject. 

Mr. Wilson. I do not wish to ask you any questions. There are some 
documents here of the board of public works in reference to the same 
subject, which do not affect you at all ; but, in order that there may be 
a complete understanding of the whole matter, I think it advisable to 
put them all iu evidence. The indorsement on the back of that letter is 
this : " Mr. Johnson : See that these things are attended to ; call special 
attention. A. R. S." 

That letter bears date the 7th of October, 1873. On the back of it is 
this : " Respectfully referred to Col. Clement Hill, general inspector, 
who will please attend to these matters at once." This was on the 8th 
of October. " By order of the board : Edward Johnson, assistant secre- 
tary." 

Then, " October 15, 1873. I have to report that the gas company 
have placed the gas up to her house. Messrs. Riley & Clark have com- 
menced to do the grading that Mrs. Williams requested done, and I will 
see it completed to her satisfaction. 
" Very respectfully, 

"CLEMENT HILL, 

" General Inspector. ^^ 

Then on the 14th of October, 1873, which is the day before Hill 
makes this report, occurs this : 

Board of Public Works, District of Columbia, 

Washington, Octoher 14, 1873. 
Gentlemen : You are hereby requested to grade and fix the property of Attorney- 
General Williams to the satisfaction of Mrs. Williams. This work must be commenced 
at once, and finished without delay. 
By order of the board. 
Very respectfully, 

CLEMENT HILL, 

General Inspector. 
Messrs. Riley & Clark. 



TESTIMONY OF GEORGE H. AYILLIAMS. 2379 

The next dociinieiit that appears here, in order, is tlie following: 

A. 

Washixgton, D. C, Sepiemher 4, 1873. 
Board ofpithlic works, District of Colnmhia, io Rileij cf Clark, J)r. 

To 236 cubic yards of filliug on premises Xo. 1129, belouging to Mis. Annie 

Connor $70 80 

To 297 cubic yards of filling on premises No. 1127, belonging to Mrs. Serena 

Bowman 89 10 



Total amount 159 90 

Total cubic yards, 533, at 30 cents per cubic yard. 

I hereby certify that I have measured the above work performed by Riley & Clark 
under my supervision, and by order of the board, and find their account correct. 
The haul of this earth was 700 feet. 

L. G. CLOSE, 
Street Superintendent, Eighteenth Street. 

[Indorsement.] 

The within work was done by order of the board to fill in front and rear of the two 
houses raised. 

CHAS. W. CUNNINGHAM, 

Inspector. 
Also : 

B. 

Washington, D. C, October 4, 1873. 
Board of public rvorks. District of Columbia, to Riley ^- Clark, Dr. 

To filling lots condemned by the board of health, situated in square IGl, be- 
tween Eighteenth street and Connecticut avenue, 2,642 cubic yards, at 30 
cents §793 60 

I certify that the above measurement was made by me ; that the work was per- 
formed under my supervision, and by order of the board. 
Very respectfully, 

L. G. CLOSE, 
Street Superintendent of Eighteenth and N Streets. 
October 4, 1873. 

N. B. — This haul was made from Attorney-General Williams's premises, say 700 feet 
distance. 

L. G. C. 
[Indorsement.] 

The within bill is correct. I was ordered by Mr. Shepherd to get rid of the dirt from 
Mr. William.s'.s lot. As this was a near haul, and condemned by the board of health, I had 
it filled. Dr. .J. B. Blake is the agent for lots filled. 

CHAS. W. CUNNINGHAM, 

Inspector. 
Also : 

C. 

ExECUTivK Office, District of Columiua, 

Washington, December 18, 1873. 
Dkai: Sri: : Tlie governor directs me to request you to have the work done by Riley 
& Clark around Geiujral Williams's property measured, &c., so that a settlement can 
be effected at once. 

Very respectfullj', 

WM. TINDALL, 

Secretary to Governor. 
Hon. IIkn'ry A. Wn.r.Aia), 

Vice-President Board of Public JJ'orks. 



2380 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

[Indorsement.] 

Board of Public Works, District of Columbia, 

WasMngion, 12, 19, 1873. 
Respectfully referred to the eugiueer in charge. 
By order of the board. 

FRANK T. HOWE, 



Respectfully returned for file. 



Chief Clerk. 
A. CLUSS. 



6, 1, 1874. 
Account transmitted with 13,850, board of public works, 1873, vol. 5. File. 
Also: 

D. 

Board of Public Works, District of Columbia, 

Washington, December 20, 1873. 
To the Hon. Board of Public Works, 
Washington, D. C: 
Gentlemen : His excellency Governor Shepherd verbally directed uie, early in Octo- 
ber last, to see Mrs. Attorney-General Williams, and have her premises put in order to 
suit her taste. 

To accomplish this, I tried four contractors, and Messrs. Riley & Clark were the only 
ones willing to undertake it, which I directed them to do as instructed by a written 
order from the board, No. 9962, vol. 4. My impression is that the improvement of her 
immediate residence was only contemplated by all parties. 
Very respectfully, &c., 

CLEMENT HILL, 

General Inspector. 
[Indorsement.] 

Board of Public Works, District op Columbia, 

Washington, Decemher 22, 1873. 
Respectfully referred to the engineer in charge. 
By order of the board : 

FRANK F. HOWE, 

Chief Clerk. 
Respectfully returned for file. 6, 1, '74. 
Accounts transmitted with 13,850, board of public works, vol. 5, 1873. 

A. CLUSS. 

Also : 

E. 

Attorney's Office, Distiiict op Columbia, 

Washington, October 27, 1873. 

Sir: It appears that Riley & Clark have filled lots condemned by the board of 
health, and that they presented to the board of public works bills for the amount 
claimed to be due them. I have heretofore, on several occasions, furnished opinions to 
the efl'ect that the board of health and the bo^rd of public works are entirely distinct, 
and in no respect liable for the acts or obligations of one another. 

Of the correctness of this opinion there cannot, I think, be any doubt. I have, also, 
in several communications, stated that the powers of the board of public works (ex- 
cept as they may be enlarged by acts of the legislature) are confined to the streets, ave- 
nues, alleys, and sewers. Filling of lots is, therefore, no part of the legal duty of the 
board. 

The bill of Riley & Clark, as presented, cannot, then, be paid by the board, nor can 
the board charge the amount against the lots filled, for it is not authorized to fill lots 
which the board of health may regard as nuisances. The form in which the bill is 
made out, however, is inconsistent with the statements of Inspector Cunningham in- 
dorsed on it, as well as with the indorsement in your office. Mr. Cunningham states, 
in indorsement, that the filling was ordered by Mr. Shepherd, and the dirt hauled away 
from a lot of Attorney-General Williams, between Eighteenth and N streets, and then 
adds the statement that, the lot being condemned by the board of health, he had it 
filled, and afterward that the work was done by order of the board of public works, to 
fill up in front and rear of two houses raised by it. 



TESTIMONY OF W. L. RILEY. 2381 

I cannot reconcile these statements or arrive at any correct conclnsioii as to the an- 
thority by which the work was done. If tiie liaiilin<f was (h)ne by onler of the board 
of pni)lic works in the niakinjj; of a road or in any work intrusted to the board, a bill 
made out in reference to such fact ajjainst the board of public works can be paid by 
it; otherwise 1 am unable at present to see how the board can take any legal action 
in reference to the payment. 
Respectfully, 

WILLIAM A. (COOK, 

Attorney District of Columbia. 

Hon. H. A. WiLLAKD. 

Vice-President Board of rithVie TTorls. 

Mr. ^NlATTiNaLY. Tliose two houses referred to were paid for by the 
board for thi.s reasou, that the property was damaged, and, in order to 
prevent a chtim for damages, the l)()ard raised the houses and tilled up 
underneath, the same as they woukl underpin any houses. 

Mr. CuRiSTY. You will tind this whole matter of record on pages 
442 and 443 of the Investigation, relating to the charge against llhode 
Island avenue. 

Charles S. Johnson recalled. 
By Mr. Wllson : 

Q. Have you examined the records of the board to see whether any 
such orders ai)pear upon the records as are indorsed upon the papers 
which I have Just read in the hearing of the conunittee ? — A. I looked 
in regard to the letter of October 14. That appears to bo a letter from 
Colonel >lill to Riley & Clark, and is not upon our records. The au- 
thority under which it was done is i)robably an indorsement upou the 
paper which you readjust preceding it. 

Q. Is there anything upou the minutes of the board showing any- 
thing about this transaction ? — A. I did not examiue further than that. 

Mr. Wilson. See if you can find any records here in regard to it. It 
is stated to be by order of the board. 

[Pending the witness's search for the order for this document,] 

W. L. KiLEY was recalled. 
By the Chairman : 

Q. You tilled up these lots of which Dr. Blake is the agent ? — A. Yes, 
sir. 

Q. And you put in a bill for it ; do you remember the amount of it ? — 
A. It was 81,150.05. 

Q. Here is a bill for $793; what is that?— A. That was Dr. Blake's 
lot and these two women's lots ; ma^'be they nuide out a separate bill, 
but they [»aid me all together. 

(^. The bill is, '"The board of i)ublic works of the District of Columbia 
to Kiley & (Mark, Dr. For tilling lots condemned by order of the board 
of health, >f7!)3.()0."— A. 1 think that is the lot that Dv. Blake was 
agent for, and the others were put together. 

By Mr. Stewart : 
Q, Was that the lot Dr. Blake was then acting as agent for f — A. 
Yes, sir; it must be this way: The three lots were all measured 
together, and it came to 81,150.95. It is one bill. AVe never put in but 
one bill. 

By the Chairman : 
Q. This was all for tilling those lots ? — A. Yes, sir; 81,150.95 was for 
filling those. 



2382 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. What was the price 5 30 cents? — A. 30 cents for the filling. 

Q. How much for the haul ; did you get anything for the haul? — A. 
Yes, sir; we got 700 feet — no, there was 700 feet haul, and we got 6J 
cents — 700 feet haul and 200 feet off. We got 500 feet at a cent and a 
quarter, making 6| cents. 

Q. Where did yon get this dirt ? — A. The dirt came, most of it, from 
the English minister's cellar, and a portion from Mr. IngersoU's lot, op- 
posite the Sumner school-building. He gave us permission to get the 
gravel and stuff, and we had to take the dirt off the top. Some little 
dirt may have come from in front of Attorney-General Williams's. When 
they were fixing the pavement for concrete or artificial pavement, I 
hauled some dirt from there. 

Q. Into this lot? — A. Into that lot, yes, sir ; but no dirt came from 
Attorney-General Williams's place to go into that lot ; that came out of 
that order 

Q. Bnt here is a bill for $793.60. — A. Most of that came from the 
English minister's cellar. 

Q. It reads : " I certify that the above measurement was made by 
me; that the work was performed under my supervision and by the 
order of the board. L. G. Close." Do you know him ? — A. Yes, sir. 

Q. " This haul was made from Attorney-General Williams's premises, 
750 feet distant ?" — A. He added that to it, but that was not the dis- 
tance of the haul ; it was farther, and he asked me how we would come 
at it ; I said, ^'Jnst make it from where the dirt came in front of the 
Attorney-General's." The other was a hundred feet farther; and he 
supposed the other was farther. It was a thonsand feet from our place 
up to the English minister's from that cellar. 

Q. Then this statement is incorrect; this dirt did not come from 
Attorney-General Williams's at all ? — A. ISTo, sir ; none of it hardly ; 
very little. As I told you, a little of it in front did. 

Q. Do you say that this was charged to Rhode Island avenue ? — A. 
Yes, sir. 

Q. How do you know ? — A. It was written on the certificate. 

Q. On this certificate? — A. No, sir; on the certificate that I got; I 
got certificates. 

By Mr. STEWART : 

Q. Have you those certificates with you ! — A. No, sir ; the report of 
1873 will show it. 

Mr. Christy. It is in evidence there. 

The Witness. You can see it in the report. The certificate was 
charged to Khode Island avenne, and after the report came out I hunted 
it up, and it shows in the report that it was charged on Rhode Island 
avenue, between Seventh street and New Jersey avenue. It is on the 
certificate where the work was done. 

Mr. Mattingly. That was in evidence before, w^hen you were on the 
stand. 

The Chairman. Exactly, but I am asking again about it. [To the wit- 
ness:] I am trying to find out now, sir, what connection all this had with 
Attorney-General Williams's property. — A. Well, Attorney-General Wil- 
liams's property — this work was done in August, and the Attorney-Gen- 
eral's order never was in for work until the 14th of October. It does not 
attach to this at all ; it has no relation to this at all. It was given on 
the 14th of October, and I went to work on the morning of the 15th. 
This work was done in August. 

Q. Let me see if I understand you. What did you do on the morning 



TESTIMONY OF W. L. RILEY. 2383 

of the 15tli ? — A. I weut to work at Attorney-Goneral Willianis's place 
gradiii*;' down bis yard ; tlieu grading tlie lot and cntting the alley up 
through the square — up through Sijuare 159, 1 think. A portion of that 
dirt went into square 1-tO, and a portion I sent to B and Seventeenth 
streets. 

Q. AVhere is square 140 ? — A. It is a square or two to the left of that. 

Q. One of those lots to be filled ? — A. Yes, sir. There was some to 
be filled up, and most of the dirt went into an alley. There was au 
alley to be filled up in this place. A big "T" alley went into square 
140."^ 

By Mr. Stewart : 

Q. Was it a public alley ? — A. O, yes, sir. There was a very large 
alley that goes through it ; an alley, if I mistake not, that is to be 
paved; a G foot pavement one way, so 1 have been informed. It is a 
30-foot alley. 

By the Chairman : 

Q. Where did the rest of the dirt go to ? — A. I sent — I think the carts 
were running from three to four days. I had 18 or 20 carts running. 
Mr. Clark was filling at that time at the corner of Seventeenth and B 
streets — way down at the canal, nearly three-fourths of a mile haul — and 
he asked me if I could assist him in giving him some dirt } that he would 
not have enough from N street to finish, I did so, and 1 never got any- 
thing for that haul. I think it is a thousand feet. 

Q. Have you made out a bill for this work of which you speak now I 
— A. They sent the engineer up and measured it when the work was 
done, and paid me a portion of it. It is there; I think I gave it toyou. 

Q. A bill for this work 'I — A. Yes, sir ; I have a little memorandum 
here showing what 1 was paid on it, and what the \vhole thing cost. 

i}. AVait a moment and let me see if 1 can understand it. This is 
" Washington, 1). C, March 26, 1874, board of public works. District 
of Columbia, to Riley and Clark, debtor." This is a very late bill. Who 
made it out ? — A. 1 had that made out myself since the committee sat. 

Q. ^\'ho made it out for you? — A. Mr. Thompson, I believe; Dr. 
Thompson. You have the order for the work there, haven't you ? I 
gave it to you with the papers. 

By Mr. Wilson : 
Q. That order that w'as made by Hill? 
The Witness. Yes, sir. 
Mr. Wilson. Yes; that has been read. 

The Witness. I just had it made to show what 1 had been paid, and 
what was coming to me. 

By the Chairman : 

Q. Wait a moment ; 1 want to get at this, if 1 can. You have charged 
in this bill 9,487 yards of grading, at 30 cents a yard. Where did that 
dirt go .' — A. Into sipiare 140 and to Seventeenth and B streets. 

Q. You have charged 9,487 yards of haul, at 12.;^ cents a yard ? — A. 
Yjes, sir; they allowed me a thousand feet haul ; but the dirt I sent to 
B street was near three-fourths of a mde, but I never claimed anything, 
and let it go in with the other. When I went to do this work I asked 
Mr. Hill if he had any place designated for me to deposit this dirt. 
"Damn the dirt," he says; " put it wherever you please; make it the 
shortest haul you can get." S(]uare 140 was the shortest ; ami when I 
sent the other down to B and Seventeenth streets, I didn't claim any haul 



2384 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

for it, because I thought they would say I wauted to make as long a 
haul as I could. 

Q, Had you a contract for filling square 140? — A. No, sir; uo con- 
tract at all. There were some parties there that had some lots that they 
wanted filled, and all 1 have charged them for it was — I have to tear down 
a back building and take the lumber and lay it up for them, and then 
take down their yard-fences, wood and coal sheds, and privies, and all 
such things as that, and furnish the men there, and shove the dirt in 
under the houses — I do not think any man paid me over $60. It would 
not amount to paying for tearing down the buildings, and the men for 
fixing the dirt in there. 

Q. I see here that $86.70 of this was charged to Rhode Island avenue. 
Why was that! — A. It was given to me in fiv^e different certificates. 
There was one certificate— — ~ 

Q. Just answer my question. — A. That is the only way I can explain 
it to you. 

Q. "^Well, I want you to explain it ; $86.70 of this was charged to 
Ehode Island avenue. — A. Yes, sir. 

Q. Was that because some dirt was put upon Ehode Island avenue ? — 
A. None of it at all. It was all done clear inside of the pavement. I 
did the terracing right up in front. 

Q. 1 am asking you where this dirt went to ; did any of it go into 
Ehode Island avenue ? — A. No, sir ; it all went to where I have told 
you — square 140, and Seventeenth and B streets. 

Q. Then there is $353.10 charged to alley in square 159. — A. That is 
all right, sir. 

Q. Did any of the dirt go in there ? — A. No, sir ; it came out of that ; 
I cut that alley. 

Q. One thousand seven hundred dollars is charged to square 140. — 
A. That is right. 

Q. You filled that? — A. Yes, sir ; the larger portion of that dirt went 
in that alley in square 140, which it needed ; it needed a good deal more 
for it; there was dirt enough there to fill the whole thing; I had to 
stop; there was a good deal of grumbling among the neighbors; there 
was a good deal of dirt there ; the alley was very badly needed. 

Q. Then uo part of yours went into Dr. Blake's lot? — A. No, sir; it 
was that filled along in the latter part of August. 

By Mr. Stewart : 

Q. There is $1,892.17 not paid? — A. Yes, sir; the governor refused 
to pay me. 

Q. What did you do at Attorney-General Williams's, outside of this 
lot; you graded an alley ? — A. Yes, sir; I graded an alley, and took his 
yard all down. 

Q. You graded the alley? — A. Yes, sir, and graded the yard. 

Q. How much was there in that alley f — A. Indeed I don't know. Mr. 
Franklin measured it altogether. 

Q. That was a public alley? — A. Yes, sir ; that is, he measured, sir; 
but he made the bill out altogether. I don't know how much there was 
in the alley. 

Q. Then you terraced the front? — A. Yes, sir. 

Q. The street was a good deal below the house, wasn't it ? — A. The 
street is still below the house 8 feet. 

Q. So that the street was actually below the house ? — A. Yes, sir. 

Q. You terraced the front? — A. Yes, sir; there was a bank of gravel 
so high, [indicating.] I took that off" and hauled soil and put there. I 



TESTIMONY OF AV. L. RILEY. 2385 

fluinped the gravel into sijuiire 110; it wa.s this red gravel, loam, of no 
belied t. 

Q. That was in a street, that terrace? — A. It was clear inside of the 
pavement. 

Q. Was it in the street, or iu on the jirivate property ? — A. On the 
l^rivate property, but in front of the bnihling-line. 

Q. Was it inside or outside of the. biiikling-line .' — A. It was between 
the building-line and the jiavement. 

Q. Between the bail ling-line of the street and the pavement ? — A. 
The building-line where the house sets on. The house sets back, I 
think, of the building-line; any way, it was between the house and the 
pavement. 

Q. The board of public works have been parking, have they not ? — A, 
Xo, sir. 

Q. In different places over the city ? — A. O, yes, sir; in some places. 

Q. Between the sidewalks and buiUling-line '? — A. Yes, sir ; frequently. 
But that is not the case there. Her terrace comes right out to it. She 
is not going to have her iilace cut in at all. 

Q. But, instead of cutting it down, as they do in many places, grading 
it ott' on a level with the street; this was terraced up f — A. It was a 
great deal above the street, and was cut down. 

Q. Was it graded with the level of the street! — A. Xo, sir; it was 
terraced there — First and Second. 

Q. Then this work iu front, you did not grade it down the street, the 
full width of the street, but, instead of that, you terraced it down, leav- 
ing A. Yes; it comes right up around to the building-line ; then there 

is a flat place and then another terrace. 

Q The board of public works paid you for this? — A. Yes, sir; that 
is, they charged -880, and I suppose that is just what that is for. There 
were five certificates given. 

Q. You had no difficulty with the board of public works, then, so far 
as this alley was concerned, and this terracing in front of the i)roperty ? — 
.V. 1 do not know how they designate that. They measurfed it all 
together. 

Q. Have you got your pay for that? — A. I got a portion of the pay 
for the work. 

Q. Have you got pay enough to cover that ? — A. Xo, sir ; not to cover 
my work there. 

Q. That is not what I ask you — that particular part of the work? — A. 
They j)aid me some 21.000 and some odd hundred dollars. 

Q. Was the amount of money received enough to cover the terraces 
and i)aikiiig in front of Attorney-General Williams's ? — I suppose it was. 

(). Then, you say, you paved a iniblic alley somewhere? — A. Yes, sir. 

Q. Where was that?— A. That is in scpiare 110. 

Q. Did you get pay for that ? — A. They charged 81,700 to this. 

Q. The board allowed you ioi filling that alley? — A. Yes, sir; they 
charged to the sijuare 110; it don't say alley. It leaves it open to an 
assessment to every poor )>r(»perty-holder in there. If they had put it 
to the alley it would be a ditlerent thing. 

Q. It was proper to be charged to that alley ? — A. Yes, sir ; that is 
my opinion. They could have said her ])lace as easily as they eould 
have said square 110, and I think that would have been the impartial 
Avay of doing it. 

Q. Then the dirt you hauled down to B street, for what purpose wns 
that hauled ? — A. ^Ir. Clark was to [>ut the i»avemeiit there and had 
150 D C T 



2386 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

the filling to do. He came up to ask, if I could spare the dirt, to let bim 
have it. His son and he were partners. 

Q. That went into the contract and the contract was paid for, was it 
uot ? — A. Ko, sir ; there was no contract. 

Q, Yon did not get anything for it? — A. No, sir; not any contract ; 
I did not get anything for it. 

Q. Mr. Clark had a contract ? — A. I do not know whether he had or 
not. 

Q. Was he doing it for nothing? — A. I do not suppose he was. He 
is not so liberal. 

Q. Do not you know that he was executing a contract there, and 
wanted this dirt to help bim carry it out? — A. Bat that was not paying 
me for it. Mr. Clark was ordered to put the dirt in there just the same 
as we were doing. He was getting paid for N street. 

Q. You were getting paid for fill in every instance when you took 
the dirt away ? — A. No, sir. I took no pay except for a number of 
yards I took from Attorney-General Williams's place. Not one cent any- 
where else. 

Q. Did not you at the time want pay for filling this alley ? 

The Witness. What alley? 

Q. In the square you speak of — 140. — A. No, sir ; I never asked pay 
for it. If they had given me the alley, I should have charged nothing 
for the other. 

Q. When you were doing this you supposed they would pay you for 
the fill ? — A. No, sir ; I went to do Mr. Williams's work, and I expected 
to be paid for the other. Since 1 have been a boy nine years old I have 
been an orphan, and have had. to work myself along, and I never met 
Avith any party that treated me so badly, and deprived my family of my 
earnings, as I have been done in this case. I do uot see any use of your 
cross-questioning me about it. 

Q. There would not have been any difficulty if the board of public 
works had paid you.for the filling of the alley ? — A. No, sir. They were 
to \)i\y for the work done in and around Attorney General Williams's 
l^lace. I asked pay of the board for taking off that hill, and nowhere 
else at all. 

Q. Who told you to take the earth down to the fill on B street under 
Mr. Clark's contract ? — A. I had the privilege from Mr. Hill when I took 
it tbere. I never claimed any haul, or ever got anything for it. Mr. 
Clark had the contract for N street, and deposited his earth there. He 
got nothing for that haul down there. His haul was measured from N 
street to about Seventh and B. I never got anything, and I never asked 
anything; but when I was doing this other work, I went to Mr. Shep- 
herd and told him. I said, "I am in need of a little money." He said, 
'' Iwill give you a note to the board, and they will make a settlement with 
you. When you have it measured up, that can be deducted from it.'' 
He called some man, whom they styled doctor. They all rank from 
brigadier-generals down to captains, colonels, and so on, there. 

By Mr. Mattingly : 
Q. You know Dr. Tiudall, do you not? — A. No, sir; but he was 
a little man, and was a very clever little fellow. The governor 
called him and told him to give me a note ; and he gave me a note. 
He says to me, "Do you understand that?" I says, "No, I do not." 
He says, "When you go down there just call that off to whoever 
you give it, and it will be all right." I carried the note to Mr. Johnson 
and gave it to him. When 1 went to see^Mr. Willard, he said he did not 
know anything about the work, and would have nothing to do with it. 



TESTIMONY OF D. C. FORNEY. 2387 

A day or two afterwards I called to see the .uovernor ajjain. He said it 
was ver^' singular, or soiiietliinij" to that amount. That ho would see 
about it. So 1 went down there and saw ]Mr. Wilhird and asked him if 
the governor had said anythiui;- to him. He said, "Tiiisis twice you have 
been runiunj;- to the governor about this work." I said " Yes, and twice 
more if necessary .■■' So eventually Mr. Class came up and knocked us 
ott' from the work, and said that it was wrong that the work had 
ever been done, and there was too much done now, aniJ told me to quit 
that night. I said I would do so. lie sent an engineer up and nu'asured 
it. 1 then went to see the governor, and told him about it. He spoke 
in very emphatic language, and said that the work should m)t be i)aid 
for while he was governor. He said that Clem. Hill was an idiot if he 
ever ordered it to be done. 

Q. AVhat objection had the governor to i)aying for this work '! — A. I 
do not know. He said lie would not pay for it. I showed him the or- 
der for it, ami he said he did not care anything about the order. 

i). It never occurred to you when you were doing tlie work that there 
could be any possible objection to the board of public works paying for 
it, did it ? — A. No, sir. I di<lirt know what arrangement was made 
between the Attorney-General, forthe Attorney-(reueral hardly ever spoke 
to me. Mrs. Williams was frequently about the place; she attended to 
all the work herself there. The general was always off at his own place. 
I do not thiidv the general hardly knew how the arrangement was. I do 
not believe the general had anything to do with it. So far as I ever saw 
of him he is a perfect gentleman. 

By the Chairman : 

Q. Do you think there was anything ungentlemauly about this per- 
formance? — A. I think I ought to be paid for ray work. 

Q. I mean up to the time they refused to pay you * — A. Xo, sir ; if I 
had fifty or one hundred thousand dollars, and General Williams or 
Governor Shepherd had come to me, they would have gotten the last 
cent. No man apjtreciated tliem more tlian I. 

Q. Your complaint really is, that you did certain work, and have not 
got your pay for it '? — A. No, sir ; 1 have not. I even had to sell my 
horses and carts to pay my men off Christmas, and I have paid the last 
penny I owe. 

By Mr. Wilson : 

Q. How much work did you do on the Attorney-General's premises? — 
A. Well, that is tlie measurement. 

Q. ^Vhat is the amount — the number of yards removed from there? — 
A. Nine thousand four hundred and eighty-six yards. 

Q. Wlio measured that for you ? — A. ]\lr. Franklin. 

Q. How much of that have y<)U been paid for ?— A. $2,139.08. There 
is a balance yet due of >< 1,81)2.07. 

Q. How came you to (piit the work ? — A. Mr. Cluss came up and 
knocked us off from work. That was just about the time they talked 
about having an investigation up here. Everything went on well up to 
that time. Mrs. Williams herself told me to go on with the work until 
tlie board told me to stop. She was perfectly willing to have the whole 
place taken down. 

]). C. Forney sworn. 

By the Chairman : 
Q. There was a gentleman by the name of Khinehart here a few days 
ago, who brought your name somewhat beibre this committee, and I un- 



2388 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

derstaiul yon desire to make some explanation. — A. Yes, sir; I just wish 
to state, in that part of liis testimony wbere he says 1 shared proiit witli 
Mr. Brown, lie is mistaken. I never shared any profits, or had any 
money transaction with S. P. Brown that had any connection with the 
board of pnblic works. 

Q. Is there anything else ? — A. No, sir ; that is all I know of. 

Clement Hill sworn. 
By the Chairman : 

Question. Were you superintendent of this work done by Riley & 
Clark? — Answer. I was, and gave them the contract. 

Q, State now what you did. — A. I received a communication from the 
board authorizing- me to introduce gas into the premises of Mrs. Williams 
as soon as I could, and have such grading on the premises as might be 
requisite. Xow the word " premises" led me into a mistake. I thought 
"the premises" included on or about two lots on which her house was 
built. Acting on that I put this work out. When that work was about 
being tiuished, a bill for alleys and avenues was sent in by day's labor, 
or what 1 call '' piece-work." I approved it, but the board rejected it, 
and sent Mr. Franklin to measure it. The two approximated so nearly 
that I do not know which was paid, but it was arranged to the entire 
satisfaction of all parties interested. Then, now here comes my mistake. 
The work was still continued. At the time I did not know Mrs. Wil- 
liams owned property above. I see my fault now. I should have gone 
to work as general inspector to ascertain who was carrying that work 
on, and by whose authority, and who was to pay for it. That I neg- 
lected to do ; conse(piently I assume the entire blame from beginning to 
end. The board of public works have nothing to do with it in any shape 
or form. All that Mr. Riley says is correct. He and 1 got on very well 
together. When the work was' stopped the bill was sent in, amounting 
to the sum he has named. Governor Shepherd refused in the most em- 
phatic terms to i)ay it, and sent for me. It is unnecessary to repeat 
what he told me, but what he said to Mr. Riley was, that I was an idiot 
if I had ordered the w ork. I did not order the work ; conse(iuently, I am 
not an idiot. Mr. Willard sent for me, and asked me if I had ordered it. 
I said, "No, that I misunderstood the order." I told him that I should 
have ascertained who was doing that work, and that I assumed all re- 
sponsibility for the mistake. He upbraided me as severely as did the 
governor. Riley and myself were getting along very comfortaWy and 
quietly together at that time. 

Q. i do not quite understand yet how you made the mistake. Just 
repeat how it came that Mr. Riley continued on this w^ork after this 
period that you speak of.— A. Simply, I think, that when the bill was 
handed in and paid, I regarded my services as closed; from that time 
forth I gave it no attention. 1 used to pass there backward and for- 
ward, and used to talk with Mr. Riley— Mr. Riley still going on with 
the work until he was stopped by Mr. Class, under order of the board 
or by Mr. Cluss's own order. You understand, 1 wish to be explicit as 
I go along. Now, here is where my fault was, and I hold myself re- 
sponsible for it. I should have ascertained who was doing that w^ork, 
and notitied the parties that it was not the board of public works. That 
I did not do, and when the bills were ignored and refused, I was con- 
siderably alarmed about it. To be very candid, in the first place, I 
Avished to keep up a good feeling between everybody, Mrs. Williams, 
the xUtoruey-General, the contractors, myself, and all. That is what I 



TESTIMONY OF CLEMENT HILL. 2389 

was trvinjT for. and then, to be very candid, self controlled all my actions. 
I tlioii<;lit it |)()ssil)le 1 might be a big loser, and I went to work to en- 
deavor to manage it, and worked it along, I tiiink, very judicionsly. 1 
eoinmenced first with three iinndred apiece — that is tor the two con 
tractors, Mr. Jiiley and ]Mr. Clark. Mind yon, I never spoke to Mr. 
Clark except to old Mr. Clark. They offered to compromise; after 
that. Mr. Iviley bronght snit against the board. 1 went to see Mr. Critten- 
den, his lawyi'r, and by a statement that Mr. Riley and I made, we agreed 
to a compromise by i)ayment of .S-~>0, making- >?,">()() apiece. Minil yon, 
J never saw yiv. Ciark to my knowledge except once, possibly. It was 
Clark, the elder, with whom I was talking. The transaction was car- 
ried along- throngh him ; and in this very building- Mr. Riley told me 
that he would take cheerfully 8l*()I) and (juit the whole thing. He said 
if he could get -S-JOO, he would then give the whole thing up, and thank 
God for it. Put him on the stand, and he will not deny it. 

Q. The board refused to pay that t — A. The board had no more to do 
Avitli it than you gentlemen. Don't I tell you why I did it ? I was afraid 
of getting into a lawsuit, and the board ignored it in the most euiphatic 
manner. 

Q. Who was to pay the money ? — A. I did think Mrs. Williams would 
])ay sonu'; and, to be very candid, if Mrs. Williams had not [)aid, rather 
than to Imve a lawsuit, I do not know but that I myself would have 
done it. 1 am telling you God's truth. Self governed me out and out, 
and good feeling also. 

Q. Wliy was not the 82^0 i)aid ?— A. I would have paid the 8200 
from my own pocket. I could have gotten along very well with Mr. 
Clark and Mr. Riley both, but when we got up to this 8200 money was 
very scarce, and actually and truthfully we had not the money to i^ay 
the 8300. Theti when we came to 82r)0, we had not that, and when we 
got down to 8200, I would have i)aid mine, and then I thought if I did 
it might loak a little fishy. I have always borue a gooil character in 
this community ever since I came into it, and I want to go out of it as 
1 canie in. 

By Mr. Wilson : 

Q. Do you recognize this letter as being the one you sent to the board 
of i)ublic works? [Handing witness a letter.] — A. Yes, sir; that is 
mine. 

i}. You say in this letter that Governor Shepherd directed you ver- 
bally to do this work in a way that would suit the taste of ]Mrs. Wil- 
liams. Is that the fact ? — A. Yes, sir; it is. I may have gone a little 
farther than (iovernor Shepherd, since, when I am writing about ladies, 
I go along a little on the fantastic. 

Q. Tills is the report of your i)roceedings to the board of public 
works ? — A. Yes, sir. If you go and look over my reports, some of them 
to Vice-President \Villard, you will find some of them are very funny. 

Q. I don't see anything- funny about this. — A. 1 don't say Governor 
Shepherd told me tiuit: — " to suit her taste." 

(.}. You did say so in this repint to tlu^ board. — A. It may be so that 
he told me. I think if he did not say that he meant it. 

(^. You reported it according to your understanding of this order ?— 
A. Yes, sir. My idea was that the two lots occupied by the house, and 
not the whole sipiare. 1 think that letter is allconect, with the excej)- 
tion, perhaps, of what is said there about .Airs. Williams. 

J>y :Mr. Mattingly : 

Q. State as to what you understood by the word " premises ; ^ whether 



2390 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

It was the inside of the lot, or the outside, over which the board had 
terraced. — A, I think it was what the board had terraced outside. If 
there is any mistake I assume the entire responsibility. 

Adolf Cluss recalled. 
By Mr. Wilson : 

Question. What do you know about this work, that these witnesses 
have just been speaking of, having been ordered to be done ? — Answer. 
Well, sir; to the best of my recollection, some time about the middle 
of November Mr. Riley and Mr. Clark came and brought a bill for days' 
work done on that square up there ; and I did not know anything of it, 
and I went out there. I took Mr. Barney out. As soon as we got there 
we found that this bill of about $1,600 was only a bill up to the 1st of 
that month, and that already there was another bill of about $1,100, and 
the work was still going on ; so I told him to stop at once. I sent out an 
engineer to measure what had been done, so as to be able to come to 
some conclusion. Mr. Franklin went there, and brought the following 
statement: "Grading by Riley & Clark on square 159, from alley, 1,177 
cubic yards; north of alley, on the lot, 2,826 yards; south of alley, on 
the lot, 3,160 yards ; terrace on Rhode Island avenue, 289 yards; Attor- 
ney-General Williams, 2,035 yards ; which make altogether 9,487 yards." 

Well, I consulted with the members of the board as to what this was, 
and by and by we found that the order, most likely unguardedly, had 
been given to Mr. Hill. Under the circumstances, I construed that order 
that the alleys around Mr. Williams's property should be graded, and 
so proposed to make out the bills. There seemed to be some difference 
of opinion about it, and they wanted to do the best they could under 
the circumstances. So, several weeks afterward, on December 12, I re- 
ceived the following letter : 

Board of Public Works, District op Columria, 

Washington, December 12, 1873. 
Sir: Yon are requested to propose ,i contract with Messrs. Riley and Clark for tilling 
alleys in square 14U and for parking Rhode Island avenue, (north side,) between Seven- 
teenth street and Connecticut avenue. 
By order of the board. ■ 

CHAS. S. JOHNSON, 

Secretary. 
Hon. Adolf Cluss, 

Emjincer in Charge. 

I put in iiencil under it, " This refers to the order of October 14." 
The letter ^^'as written in order to make the record straight for his work 
which had previously been done, and a contract was made so as to cover 
it. 

Q. Before you proceed further I will ask whether you knew anything 
about this work being carried on by Messrs. Riley & Clark until the 
time you went up there as you have said ? — A. That is the first I knew 
of it. Then on January 5th the following bills were made : " Riley & 
Clark, Rhode Island avenue." This was for terracing in front of the 
street line. 

Q. Was that contract made ? — A. The contract was executed on De- 
cember 14th, and it hung on until some time in January 5th. These bills 
were made, one for this terracing, which is nearly in the street line ; and 
it is a right and proper charge. The second, for 1,117 yards of grading, 
which was taken out from the alleys in Attorney-General Williams's 
square, and is again a proper charge. But then, again, in this order 
of the board, December 14th, I have to fill up alleys, which took, instead 



TESTIMONY OF ADOLF CLT'SS. 2391 

of 1,177 yards, 4,000 yards more; and then this 4,000 yards more, since 
Messrs. Kiley & Clark had another contract awarded, was to be made; 
so, of conrse, he had to obtain tliis dirt from private sonrces. And so 
he was paid for 4,000 yards for this which was done npon the lots. 

By Mr. Stewart : 

Q. Filling np that public alley ? — A. Yes, sir ; tliat is that transac- 
tion. That is all I know of this ; but then we come to another point. 
I have read here that my name is on sonu? former voucher that refers 
to the same transaction 

Q. Before you leave tliat. Then the chariies made out and paid by the 
board were for terracing Kliode Island avenue within the street hue, and 
for the alley, and then you also allowed him for tilling this public alley, 
all of which belongs to the city ? — A. Yes, sir. 

Q. Those are the items in the bill wliicii were paid ' — A. Yes, sir. 

Q. And that makes the transaction so far as the bill that was paid is 
concerned a proper charge against the District governnuMit ! — A. We 
did the best we could under the circumstances. We thought, perhaps, 
it was unguai'dedly made. 

Q. That is as near as you could arrive at it ? — A. Yes, sir. But [ 
didn't know until 1 read before I was coming here — I did not know that 
I had already paid from the same lot $1,150.95. 

The Chairman. That turns out not to be true. I washiboring under 
the same impression, but I find 1 was mistaken. It was not from this 
lot at all. 

The Witness. Y'ou see it is charged on that bill to Rhode Island ave- 
nue. When this bill came to me I i'ound on it that this work was ordered 
in part by Mr. ^yillard and in i)art by ^Ir. Shepherd, and so 1 sent Mr. 
Oertly out when this bill was referred to me, as to where to charge, and 
Mr. Oertly re[)()rts back Ilhode Island avenue. Khode Island avenue 
was at that time being graded, and so it is not unnatural if my assistant 
reports this dirt cauie from Rhode Island avenue.' I could not say it 
did not come from there. The indorsement is in Mr. Oertly's hand- 
writing. 

Q. Now, is that the earth that Mr. Kiley speaks of as having come 
from the English minister's lot, and being put into these private lots? — 
A. Yes, sir. 

Q. Is that the way you account for that being charged to Rhode 
Island a\'enue? — A. Yes, sir; Rhode Island avenue was at that time 
cut between Fourteenth and Sixteenth streets. So when my assistant 
reports that this comes from Rhode Island avenue it was very natural 
that I should believe it. 

(). ])o you think he believed it, or did not? — A. I hav<? no means of 
knowing. 

Mr. Wilson. If you have any statement to make in regard to this 
matter of flagging, you can make that statement now. 

The Witness. Yes, sir. I got the docaiments yesterday, and in order 
not to delay, I worked in the committee-room last night. I have here 
an abstract of the wi)ole, which I think must be substantially correct. 

Witness then read as follows: 

bluestone flagging around and tiirgugh government reserva- 
tions, FURNISHED AND LAID IN 1^7:5: 

Tlie Iran.sa^tioiih of John O. EvaiiH run np as follows: 

Jan. 20. 45,282 sqnare fvet of flaf^KinfJ, at .f").') cents 824,90:, 10 

Ilaiiliii;? to l\inaj4nt Sipiarr, P-sticet circle, and Sixtrcntli strrct 

ri'si'rvation, at ."> cents ]icr loot 2, 2 4 10 

Feb. 7. 'J,70:i s<{uare feet of bluestone Hayginjif, at 5.') cents o, IJSli U5 



2392 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Dec. 29. 57,.581 square feet of blnestone flagging, at .50 cents ,$28, 790 50 

Sept. '30. 13,739 square feet of flagging, dressed and laid at Farragut Square, 

at 60 cents 8,243 40 

Sept. 30. 17,490 square feet of flagging, dressed and laid at P-street circle, 

at 60 cents 10,494 00 

Sept. 30. 3,760 square feet of flagging, dressed and laid at reservation 

west of P-street circle, at 60 cents 2, 2.56 00 

Sept. 30. 18,154 square feet of flagging, dressed and laid at Scott statue, 

at 60 cents 1 10, 892 40 

Sept. 30. 23,760 feet furnished, dressed, and laid at Mount Vernon Square, 

at .$1.24 29,462 40 

Sex)t. 30. 18,000 feet smooth flagging, furnished and laid at B street, be- 
tween Twelfth and Seventeenth streets, at 90 cents 16, 200 00 

Sept. 30. 31,997 feet smooth flagging, furnished and laid at Seventh street 

across mall, at 90 cents 28, 797 30 

Sept. 30. 36,780 feet smooth flagging, furnished and laid at Twelfth street 

across mall, at 90 cents 33, 102 00 

Sept. 30. 38,300 feet smooth flagging, furnished and laid at Fourteenth 

street across mall, at 90 cents 33, 470 00 

234,213 85 
Deduct 7,754 square feet flagging, furnished by Board for Mount 

Vernon Square, at 50 cents 3, 877 00 

230,336 35 

Note. — The above transaction includes 

Older of December, 1872, 112,.566 square feet flagging furnished $61,296 35 

February, 1873, 60,897 square feet flagging, dressed and laid 31,885 80 

May, 1«73, 125,077 square feet flagging, furnished and laid 111,569 30 

July, 1873, 16, 006 square feet flagging, furnished, dressed, and laid 19, 847 4 4 

July, 1873, 7,754 square feet flagging, dressed and laid 5,737 96 

Total as above 230,336 85 

Vax Bkxjnt & Bro., Siiip-Bhokers and Fkeight-Agents, 

75 South Street, Neiv York. 
Furnished, under orders, the following flagging : 

July 31, 1873, 68, 132 square feet smooth flagging, at 50 cents $34, 066 00 

21, 915 square feet planed flagging, at 75 cents 16, 436 25 

90,047 sqnarefeet 50 502 25 

Note.— The above flagging was mainly consigned to John 0. Evans, who paid the 
freight and then assigned it to the board of public works. 
Nicholas Acker furnished 20,500 feet of flagging, at 55 cents $11, 275 00 

The following minor account, will be substantially correct and complete, the abstract : 

23, 805 square feet flagging around Patent and Post Offices, laid by Barker 

& Muxwell, at 34 cents ' $8,093 70 

40, 100 square feet tlagging around United States Capitol reservation, laid 

by M. Laugldin, at 34 cents.. 13,634 00 

17, 205 squai'e feet flaggnig, laid by Nich. Acker, around circle at Thirteenth 

and P streets, at 65 cents 11, 183 25 

10, 030 square feet flagging, on Seventh-street plats, opposite Mount Ver- 
non Square, at 60 cents 6, 018 00 

30, 532 square feet of flagging, on Third street and Maryland avenue, 

around Botanical Garden, by G. H. Fletcher, at 34 cents 10,380 88 

121,672 square feet 49, 309 83 

Summary. 

J. O.Evans $230,336 85 

Van Brunt & Co 50, .502 25 

N. Acker 11,275 00 

Miscellaneous 49,309 8.j 

341 423 93 
Figures compared with Mr. Morris, of auditor's oflice, by consent of iuyestigatiug 
committee. 



TESTIMONY OP ADOLF CLI'SS. 2393 

If these sidewalks, instead of llaj;<^injif, would have been laid wltli this superior arti- 
cle, the Xeiifeliatcl asphalt rock, at a piici^ of S'i.ad per s(|iiare yar<l, thu eost would 
have heeu about Sl"r^, (Kid, au<l the debt contracted on account of the United States 
■would at this <lay V>e about 8--i-i,<HlO less, without iuterferinj; with beauty or durability. 

In connection with this cost of the footwalks about a ftsw reservations, it may well 
be stated that the <;ost of tlm l)ri(dv sidewalks laid durinj^ these last three years all over 
the cilv did not exceed, according- to well-prei>arcd compilations, the sum of §1,1)00,000. 

ADOLPII CLUSS, 
EiKjineer, Mcmlnr Board of Public Works. 

]May "27, 1874. 

]So\v, here is tbe account of Yau Brimt & Brother, and other papers 
rehitive thereto : 

Nkw York, Jitli/ 31, 1873. 

Board of ruhlic If'orks in account with Van Brant cj- Brother. 

To 8,1 19 feet of 4-foot Hag., per W. M. P: verett, at .50 cents .$4, 0.59 50 

To "), 79:? feet of 4-foot flag., per Ann Dole, at 60 cents 2, 396 50 

I'd 14.998 feet of 4-foot flag., planed, per Katie Ranger, at 75 cents 11,248 .50 

To 211 feet of 5 foot flag., smooth, per Katie Ranger, at .50 cents 105 50 

To 1,853 feet of 6-foot flag., smooth, per Katie Ranger, at 50 cents , 92ii 50 

To 3,156 feet of 4-foot flag., smooth, per J, Ferris, at 50 cents 1, .578 00 

To 19, 705 feet of 4-foot flag., smooth, per A. G. Ireland, at 50 cents 5, 352 59 

To 9,512 feet of 4-foot flag., smooth, per Ida A. .Jayue, at 50 cents 4,756 00 

To 5,799 feet of 4-foot flag., smooth, per .). Rommel, jr., at 50 cents 2, 899 50 

To 6,()50 feet of 5-foot flag., smooth, per Ida A. Jayne, at 50 cents 3,325 00 

To 13,804 feet of 4-foot flag., smooth, i)er O. Wells', at .50 cents 6, 902 00 

To 2,530 feet of 5-foot flag., smooth, per O. Wells, at 50 cents 1 , 265 00 

To 6,151 feet of 4-foot flag., planed, per General Sheridan, at 75 cents 4,613 25 

To 382 feet of 5-foot flag., planed, i)er General Sheridan, at 75 cents 286 00 

To 384 feet of 6-foot flag., planed, per General Sheridan, at 75 cents 288 00 

Error 500 00 



50, .502 25 
Ck. 

Bv cash $22,000 00 

To balance 28,002 25 

50, 002 25 



To balance 028,002 25 

Error 500 00 



28, 502 25 
E. & O. E. 
AuDiTOu's Officb, August 1, 1873. 

Note. — Audited for $28,.502.25, an error of $500 appearing in the cargo of the schooner 
Ann Dole, on second line. 

J. C. LAY, 
Auditor Board of Public fVorks. 

Board of Public Works, 
Office Supkrintexoent of Property District of Columbia, 

Washiu(jion, July 12, 1873. 
Board of Public Works, Washington, IJ. C. : 

Ge.\tlk:mi;x : I have the honor to report that I have inspected and received, on the 
5th instant, from Van Brunt &. Bro., per schooner W. M. Everett, and consigned to J. 
O. Evans, and by him assigned to the l)oard, the following material : 
8,118 square feet of 4-foot bluestone flagging. 
Broken and rejected : 
46 square feet of 4-foot bluestone flagging. 
Very respectfully, 

E. B. TOWNSEND, 

Su2)eri n ten den t Property. 
[Indorsement.! 

]?oARi> OF Public Woijks, D. C, 

Washington, July 21, 1^73. 
Respectfully referred to the auditor. 
By order of the board. 

CHAS. S. JOHNSON, 

Assistant /Secretary. 



2394 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. In what way or by whom were the contracts made for the purchase 
of this flagging? — A. The other day Mr. Mattingly brought up certain 
papers, in regard to which I think Mr. Mattingly as well as myself have 
been led a little astray. I find, but have not been able to trace it yet, 
that reterence is made to the order of December 24, 1872, which is pre- 
vious about six or eight weeks to the time when it was mentioned to the 
engineers. In fact you will find, January 20, that |24,90o had been paid 
for flagging, and then these very papers he brings in here are later. 
Here is the price-list of the board of public works f and I find on the 
fourth page flagging for three crossings per square foot 48 cents, lay- 
ing 12 cents; total, 60 cents. Most likely this 48 cents have, some 
time or other, got to be 55 cents ; and in that specml order, whenever we 
can trace it, and I have in vain asked it, so far most likely occurred that 
for common street-crossings 48 cents; and most likely this flagging a 
few cents more. That is the only way I can account for it. 

Q. iSI^ow, if there is any order of the board, Mr. Johnson, in regard to 
the purchase of this flagging, I should be glad to have you introduce it. 
1 should like to see the minutes of the board upon the subject of the 
purchase of this flagging. 

The Chairman. While waiting for it, I will ask the witness one or 
two questions. 

Q. Does that statement you have read include all the flagging that 
has been laid ? — A. Yes, sir ; I don't think I missed anything. 

Q. It is only confined to one year I — A. You see, in the first year not 
much flagging was laid. It seems to me that year flagging must have 
sprung up in December, 1872. Before that there was no flagging laid, 
except 

Q. This covers all the flagging that has been laid*? — A. Yes, sir; ex- 
cepting for crossings and the gutter, flagway, and the like. 

Q. What do you know, if anything, in regard to the board making 
any contracts for the purchase of flagging from John O. Evans, or any- 
body else ? — A. I have asked for the paper, but it could not be produced. 

Q. Do you know anything about it ? — A. ISTothing whatever ; that 
is, besides these later dates. This I know, they made a contract with 
him for flagging, because the material in all the contracts after once 
the price is fixed for the material it is routine matter and inserted after- 
ward. 

Q. In these prices I find John O. Evans is paid some 60-odd cents for 
the flagging upon P-street circle. — A. For the laying. 

Q. Does that embrace the cost of the material, or just simply the 
dressing and putting it down "I — A. Dressing it and putting it down 
only. 

Q. And then the board furnishes the material in addition to it ! — A. 
Yes, sir ; he is the furnisher, also, under a different head. 

Q. Tell us how that is. Did he sell that flagging to the board? — A. 
Yes, sir ; so it appears from the record. lie first furnished the flagging ; 
then he got 60 cents for laying that first flagging down. 

By the Chairman : 

Q. Where is that shown by the record 1 I did not happen to catch 
that. 

The Witness. Mr. Evans was paid on January 20, for 45,682 square 
feet of flagging, at 55 cents per foot, and then afterward he was paid for 
hauling it to Farragat Square and to P-street circle, and to Sixteenth 
street reservation, at 5 cents a foot. If I go further down here I find 
that he is paid here for 13,739 square feet of flagging dressed and laid 



TESTIMONY OF ADOLF CLU8S. 2395 

at Farragut Square, and then the same at P-street circle and Scott 
Statue. 

Q. At what rate was he paid for puttiiiii' that down ? — A. Sixty cents. 
So that the whole price would be 5") cents; the cost and .") cents for 
haulino; makes (K) cents, and GO cents a^aiii for i)uttinjn' it down — -^l.^O; 
and thus, in fact, I did not understand myself the other day. 
By Mr. Wilson : 

Q. Before you leave that I want to get the record on the subject. 

The Witness. Here is the letter that I was looking for. It is dated 
Washington, D. C, and a<ldressed to the board of public works. He 
says in this, '• I have the honor to report, in compliance with instruc- 
tions from the board, dated December 24, 1872, that I have received 
from John (). Evans," &c. I jnst wanted to refer to that for the 
purpose of the date, the 24tli of December. I guess it must be on the 
board book of minutes. 

]Mr. Wilson. Here are some papers in connection with this flagging I 
wish you would examine, [handing witness certain papers.] 

]Mr. Mattingly. Just read aloud that letter handed you by Mr. Wil- 
son, if you please. 

The witness read as follows : 

Wasiiixgtox, D. C, January 30, 187:3. 
Gkntlemen: lam proceeding with the work of dressing the flagging at P-street 
circle, Farragut S(iuare, and Sixteenth-street circh;, as per your order. Please have 
contract jtrepared in accordance with our understanding lor the work, viz: I propose 
to do the cutting and jointing of the stone as per sample; i. e., the stone to be taken 
out of wind and ihessetl to an even or level surface ; the work to be equal to axed work 
of same character done by the Government about the Capitol and Treasury Depart- 
ment, in this city ; the stone to be jointed square on the edges, an average of 2 inches 
down from the top. I also propose to set the stone iu cement, flush at the joints, and 
grout the same with best cement ; also to grade the walks, furnish say 4 inches sharp 
sand and gravel, and do the work complete in the best manner, for sixtj-live (65) cents 
per square foot. 

Very respectfully, yours, &c., 

JOHN O. EVANS. 
Hon. Board of Public Works District of Coi.umria, 

Washington, D. C. 

llmlorsement.] 
Refer to Mr. Cluss, to examine and have the contract prepared, if O. K. 

A. R. S. 
[Indorseiiicnt.J 
li. P. W., D, C, Washington, January 30, 1873. 
Respectfully referred to the engineer iu charge, who will examine and have the con- 
tract prepared, if all right. 
J5y order of the board. 

EDWARD JOHNSON, 

For jissistant Secretary. 

Mv. Mattingly. Xowjust read your report, please. [Witness read 
as follows :] 

llndoraomfiit.) 
Respectfully returned, contract having been prepared in accordance with instruc- 
tions and submitted specilications. 

ADOLF CLUSS, 
Engineer in Charge. 
Fkhrcarv 4, 1H73. 

Q. Theu you think it was all " O. K. ? " — A. I have no doubt at present 
that 1 asked for the jtrice. 

Q. You did n(>t ask foi' it at that time, did you ! — A. I had nothiug 
to do with tlie puichase of materials at all, and I do not kM(»w. 

(}. That letter of Mr. lOvaus's was rel'erred to you to uiake the report, 
if all was right — everything was '' O. K. :'" — A. Yes, sir. 



2396 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Befwe you made the contract ? — A. Yes, sir. 

Q. And the natural inference is that you thought it was " O. K.," is 
it not"? — A. Of course ; but what we are looking- for is the correspond- 
ence in regard to the purchase of flagging, and not the workmanship. 

Mr. Stewart. This is the workmanship ? 

The Witness. Yes, sir. 

Q. Do you mean to say that the workmanship was all right — that that 
was a fair price — CO cents 1 — A. If we paid in certiticates worth 30 cents 
belpw par, it was all right. 

[Witness then read the following letter :] 

Washington, D. C, December 23, 1872. 
Gentlemen: I have about sixty thousand square feet of "extra large" bhiestone 
flaggiug, say 36,000 feet 6 feet long, aud 24,000 feet 5 feet long ; 95 i>er cent, of the lot, 
is from 2^ to 6 feet wide, balance from 2 to 2+ feet wide, running from 2 to 3 inches 
thick, which I propose to deliver at our wharf, free of wharfage and expense, at 55 
cents per foot. 
About three-fourths of the lot are here aud can be delivered at once. 
Very respectfully, yours, &,g., 

JOHN O. EVANS. 
Hon. Board of Public Works, District of Columiua, 

WasIiitKjton, D. C. 

The Witness. There is no indorsement on this letter at all, it seems. 
Q. Please refer to the minutes, and read what is there stated. 
[Witness did so, aud read the following :] 

Extract of minutes of the meeting of the hoard, held Devemher 24, 1872. 

John O. Evans was notified that the 60,000 square feet of the extra large bluestone 
flagging, to wit: 36,000 square feet 6 feet long, aud 24,000 S(i[uare feet 5 feet long, and 
95 per cent. 2^ to 6 feet wide, which he proposes to deliver at his wliarf, free of wharf- 
age and expense, at 55 cents per foot, would be accepted by the superintendent of 
property, for use around Farragut Scjuare, P-street circle, Sixteenth street, and Mas- 
sachusetts avenue. Superintendent of property aud the auditor notified. 

Q. Who was present at that meeting of the board '? — A. The board 
met in the usual way. It is oue of those constructive meetings. 

Charles S. Johnson recalled. 
By Mr. Wilson : 

Q. I should like to ask Mr. Johnson how these minutes were made 
out. — A. That particular item, I think, was made up as I explained 
yesterday. The entry was made from the proof of the letter sent to 
Mr. Evans, notifying him of that transaction. 

Q. Do you know by whose order that was done; by whose order that 
letter was sent; by whose order that entry was made on the record t — 
A. The letter was sent, probably, by the order of the vice-president. 

Q. By whose order was that put on the record ? — A. There was no 
order given. 

Q. AH that was made up of your own motion, from the i^apers, as you 
explained on yesterday ? 

Mr. Cluss. The record itself shows that this is not a regular board 
meeting. 

Adolf Cluss recalled. 
By Mr. Wilson : 

Q. Kow, Mr. Cluss, is the flagging that has been laid down the kind of 
flagging that was described in that letter ? — A. Well, I would have to 
read that letter a little more carefully. 



TESTIMONY OF ADOLF CLUSS. 2397 

The rii.viRMAN. It is describc^d in that letter you have Just read. 

The WiT]NK8S (again reading the letter.) The letter is dated December 
23. It says here running tVoni two to three inches long. I should think 
that is about tiie quality ; two inches is the least that you can split. 

CuARLES S. Johnson recalled. 
By Mr. Wilson : 

Q. Xow, ^Ir. Johnson, is there any estimate of John O. Evans for any 
other tlagging ? * 

The Chairman. Let nie see if I uiulerstand this. On December 23, 
1873, John O. Evans writes a letter to the board of public works. That 
letter is referred by the vice-president. 

Witness Cluss. No, sir. 

Q. What is the date of that letter ? 

Witiu^ss Cluss. Five weeks later. 

Q. What is the indorsement upon that letter — the letter you have 
just read. 

Witness Cluss. There is no indorsement whatever, but the minutes 
of the board give the key to it. Tlie vice-president directed the order 
to be made on the minutes of the board. The vice-i)resident accepted 
this and notitied the superintendent of property to inspect it, and ordered 
it paid. 

Q. Does he do that entirely on his own responsibility ? 

Witness Cluss. Always, or gets it done. That has been the rule. 

By Mr. Mattingly : 

Q. State what was the i)rice there, and if there is anything wrong 
about it. — A. I thought it a little odd that they should have gone to a 
ship-dealer in Xew York City — to a ship broker and a freigiit-agent, in- 
stead of going to the quarrymen on the North Kiver, when a large job 
"was to be done. AVhile the price miglit be ordinarily 60 cents, yet for 
a large job like this, if it were put in competition, you could get it at 
almost half that sum. 

Q. A few weeks after this, when another letter of John O. Evans was 
referred to, awarding a flagging — that letter with JMr. Shepherd's iu- 
ilorsement on it, if O K to make a contract — why didn't you advise 
them at that tinie that you thought they could get this flagging much 
chea[)er by buying it dire<!tly from the quarrynu'U ? — A. Because nei- 
ther the flagging, nor the pipe, nor any of the material was in such a 
shape in the engineer's oflice 

(^. That was referred to you as chief engineer to make a contract for 
laying tliat flagging ? — A. If it was all riglit. 

Q. For laying flagging, and the workmanshij), and the prices, were 
named in the letter? — A. Not the price of flagging. 

The Chairman. Mr. Mattingly, the letter shows for itself, and per- 
haps you had better not spend any more time on it. 

r>y -Mr. Wilson : 

Q. Whendid tJi is matter of p!irUing(;onie up in connect ion with these flag- 
ging-contracts, ami how was tliat tiling disposed of? — A. 1 have looked 
over the correspondence, and the correspitndeiuce in that whole concern. 
The very fact here that flagging has never been mentioned so far as the 
engineer's oflice is concerned, it seems most likely that the contractor 
and the vice-president talked together, and thought it would be well to 
include that parking, because certainly from this coirespondence — there 
must be a letter ot May there — the parking is not mentioned, and I men- 



2398 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tioned 84 cents a foot, and Mr. Townsend, on his own responsibility, 
concludes I have got CO cents, and he puts it at 90 cents. I thought it 
very improper, and ought to be deducted from him. 

Q. Have you made any examination of E street, between New Jersey 
avenue and Fourth, as to measurements ? — A. I have. I have done it 
at the request of the governor, but after it was made the governor did 
not see fit to use it. 

Q. Where is it ? — A. I have it at home. I will send for it. 

(t^. While that is being brought here I will ask what it is that you 
have measured with reference to that street? — A. Well, the whole 
assessment was in such a shape, that is to say, Mr. Rives, I believe, had 
made certain statements about it, and then the governor requested me 
to look over it. I saw that the original measurement was in rather an 
indigestible way, and I took a similar course as I did on east Penn- 
sylvania avenne. I went together with Mr. Danenhower, and meas- 
ured the whole work over, and put in an assessment-sheet in such a 
shape with all the iutersections described properly, and some items 
which were left out I put in, and others which were in too high, of 
course I put iu at the correct figures. Again, there was New Jersey 
avenue at that time which was not paved, but it is paved now, and so 
I considered it right and proper to include New Jersey avenue that was 
in it. 

Q. Do we understand you to say that the assessment had been made 
up against the street before it was completed ? — A. No, sir ; the assess- 
ment had been made, and then afterward Mr. Wright Rives comes before 
you, it appears, and makes certain charges that it is incorrectly stated. 
After that the governor refers it to me and I had the whole thing gone 
over. 

Q. Who assisted you in going over it ? — A. Mr. Danenhower. He is 
one of the assistant engineers. We corrected the whole. For instance, 
1 found that the old bluestone pavement had been \ying there. This 
old bluestone pavement — 20 cents a yard was charged for taking it up, 
when no credit was given to the old material, so as to leave it to every 
individual citizen if he wanted to get anything for his old stone. I 
think such things ought to go into the assessment-slieet ; at least if you 
charge a man 

Q. We will not discuss the philosophy of this thing. I simply want 
to get at what has been done. — A. I just made an assessment-sheet 
with all the items that 1 thought were legitimately belonging to it. 

Q. Do you know whether Mr. Baruey has been over this sixme work ? — 
A. Yes, sir. 

Q. Since you went over it ? — A. Mr. Baruey was along also. 

Q. Did you and Mr. Barney agree about it? — A. O, yes, sir, fully. 

Q. How do 3'ou gentlemen and Mr. Rives agree? — A. I do not know 
that 1 showed it to Mr. Wright Rives. 

Q. You have seen his statement? — A. Yes, sir. 

Q. Did your work differ from his ? — A. Well, it does differ some from 
his. For instance, in that street there is in one square a Colton fence 
that cost 30 cents a foot, and in the next square there is a stone coping 
which cost $3 a foot. Now I did not think it was right and proper to 
charge the whole street all through — the one who gets the Colton 40 cents 
a foot, to let him pay for the brown-stone coping in the next square. 
I made a general estimate for each square, as to what was a proper as- 
sessment for eacii square — for that which belonged to that square. 

Q. Were there, or not, any other charges there in regard to paving 
or anything of that kind ? — A. Yes, sir. 



TESTIMONY OF ADOLF CLUSS. 239;) 

Q. Do yon recollect the ninonnt of tliem ? — A. I tliiiik, yon know, 
tbere were about !,(!()() S(iuare yards too jniicli brick pavement tliere. 

Q. Vou were interrojifatetl by ine when 1 examined yon before in re- 
gard to the account n|>on which the ai)i)ro[>riation of 8L,L*K),()0l) was 
])rocured. If I understood your subseijuent statements in rej;"ard to it, 
you say that you were referring in your answer to my question to tlie 
voucher upon which the money was drawn and not the account upon 
wliich the appropriation was obtained ' — A. That is it. 

Q. Did you ever look over that account upon which that approivi- 
ation was made with a view of ascertaining whether all the work tliat 
was specilied in that account had been done 1 — A. Yes, sir, I have ; but 
I lind there glaring omissions and very glaring inaccuracies. I fiud for 
instance there is Fifth street, fronting Judiciary Si^nare, where it says 
there is new concrete pavement, new brick work, new curbing, new 
brick, when there has nothing of the kind been furnished. 

By Mr. Mattingly : 

Q. Let us understand this. Do you mean that applies to the state- 
ment on which the money was obtained ' 

Mr. Wilson. O, no, I am calling his attention specially to the state- 
ment upon which the appropriation was based, and not to the one upon 
Avliich the money was diawn from the Treasury. 

^Ir. Mattingly. I understood him to say, in answer to your question, 
as 1 did on cross-examination, that, in answer to yourcpiestion on direct 
examiinitiou he was referring to the statement upon which the money 
was paid. 

Mr. Wilson. Not at all. ITe <lid not refer to that at all. ^Vhen I 
asked him the question — I did ask hiin a question with reference to the 
statement upon which the appropriation was made; upon which the ap- 
propriation was procured — he said he misunderstood the question, and 
his answer had reference to the vouchers upon which the money was 
procured. 

Mr. ]Mattingly. I ask him now whether his statement applies to that. 

?^Ir. ^VILSON. No. Now I ask him the question whether he has 
looked over the statement ui)on which the ai)propriation was secured 
with a view to determine whether he was accurate or not — whether he 
has looked over it, and if there are glaring inaccuracies in it, and he in- 
stances Fiftii street west, on Judiciary S(piare, and he was proceeding 
to instance others. 

The (.'IIAIHMAN. The governor in his testimony stated that was a 
mere estiimite, and tliat a good deal of tlie work was in progress and 
some of it not done. 

Mr. Mattingly. I understand that has all been gone into. I wanted 
j\Ir. Cluss to understand wlnit he was talking about, that is all. 

The Witness. In the report of 187ii, i)age 47, here is the account of 
the United States and the board «)f public works for work done on Penn- 
syhania avenue, northwest, and so on. 

Mr. ^^'lLSON. You say that was not an accurate ac(M)unt, and that is 
not controverted. Tlie governor says so himself, lie says it is onl^' 
an estimate, and not an actual statenuMit of work done. 

.Mr. Ml I5I5KLL. That has been admitted all along. 

Mr. Wilson. 1 have no fuithcr (pu'stions to ask you myself, Tf you 
want to make any further statement, you are at liberty to do so, as far as 
1 am concerned. 

The Witmoss. lleaiing yesterday tli;it this was the hist day, F have 
made a coiqile of little things that won't [nkv me more than two or three 



2400 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

minutes to read. However, I have asked for the statement of the 
voucher of D. A. Connelly, on Massachusetts avenue. 

]V[r. Morris, (auditor's clerk.) Mr. Cluss, perhaps it is proper here to 
call your attention to two or three errors that you have made in this 
statement of flagging. You say this transaction includes 253,649 square 
feet of flagging. In doing that you have counted the flagging in the in- 
voice, and counted it again when laid. 

The Witness. I do not think I have. 

Mr. Morris. Yes, it is evident that you liave, as you will see by the 
footing up. Here, again, you report 135,330 feet of flagging, amoLinting 
to $7(>,933.75. That is $20,000 out of the way. 

The Witness. How is that? 

Mr. Morris. There is the total — you have got vouchers for 90,000 feet, 
amounting to $50,502. You have doubled that again. Part of that 
account is John O. Evans's. You have taken the report of tiie superin- 
tendent of the property. We paid Evans for that 5 we didn't pay Van 
Brunt. 

Mr. Cluss. It came under Van Brunt's name. 

Mr. Morris. No, you will find Van Brunt's name here; that is just 
$26,000 out of the way. 

Mr. Cluss. I will look over it, and see if there are any errors. I have 
here some items, which I will submit to the committee, which I should 
like to call the attention of the committee to. 

[Mr. Cluss then submitted the following papers:] 

The repairs of the Pennsylvania-avenue wood pavement, laid in the fall of 1870, 
cost last year, iucludiu<^ the entire relaying of half a square, $20,990.25. 

The men in charge of repairs of wood pavements have lately reported that their 
efforts to repair the wood pavements on Seventh street, southwest, laid hy Linville &, 
Co., in 1871, between the mall and the river, have jiroved futile, and about three-fourths 
of all the blocks are rotten. 

MAIN SEWERAGE. 

Th-e board of public works have expended in the fourth (or intercepting) sewer dis- 
trict as follows; 

Sam Strong, outlet at Seventeenth street |5, 625 70 

Sam Strong, B street, between Fifteenth and Seventeenth streets J58, 096 80 

Gantz & Appleman, B street, between Seventh and Fifteenth streets 93,500 00 

Old canal laterals 2,938 62 

140,171 12 
Contingencies, 5 per cent 7, 008 56 

Total... 147,179 68 

On which they received from United States, undisputed, 
the foHowing amounts : 

Page 430 Governor's Answer $100,398 43 

Page 456 Governor's Answer 22, 825 27 

123, 223 70 

Eemains actual outlay 23, 955 98 



TAXATION. 



Area occupied by private lots in fourth sewerage district, 15,989,854 square 

feet, at 20 mills $319,797 00 

Deduct 5 per cent, for churches and other property free from taxation 15, 989 85 

Total. 303,807 15 



tp:stimony of adolf cluss. 2401 

Gcorfjctiiini. 

Actual outlay, h<'yoncl snch sewers as have been assessed with street collections : 
Beall-street sewer, $22,798.0.'). 

Asssi'ssiiu'ut, as per Foixvrli. (report of 187;J, paj^ :>M.) 19,18:3,;{(>7 square feet, area of 
biiildiii^I-lots, at seven miiis, sl:?4.-28:5..56. 

])iauu,htsinau Wri<rlit, (U-aiUiead ! 

District to pro<luce the bids tor rail-fences received under an advertisement writ- 
ten by Cluss. previous to the C'ldron contract. 

V>y Mr. WiLSOX: 
Q. You liiive retV'ncd to inoasiironiont mnde by yon, uiulor the direc- 
tion ol' Goxernor Sliepliord, of E street north, from New Jersey avenue 
to Fourth street west ; how does that ditfer from the cost of the street as 
it liiis hcmi reported by the board ? — A. In the end there is not much 
ditfen-nce, but then the ek'ments are ditferent. The result is about the 
same. 

P.y Mr. Stewart : 

(}. Is tliis remeasnrement the same amount as measured by Mr. 
^Vri^■ht Rives? — A. Yes, sir; of the whok^. street. 

The Ciiair:man. It is proper, perhaps, that I shonhl correct a wrong 
impression which yon seem to be hiboriuo- under. Mr. Wright Rives 
di(l not make any measurement at all. He made up his statements 
from the ])nblished reports of the board. 

Mr. Rives. That is so. 

By Mr. Stewart : 

Q. Have you been retneasuring the streets on which he made his 
estimates? — A. Yes, sir; very carefully, every nook and corner. 

Q. How did you And the board, right or wrong? — A. The board is 
wrong, l)ecause the quantities are ditferent from what they are, but the 
result is al)Out the same. I bring the measurements not verv n^ufh 
down, lint at the same time tliere is not that exactness that t.hpro 
ought to be in assessments. 

Q. You say the board was wrong; is ^Mr. Wright Rives right? — A. T 
have Just gone over the thing hurriedly. 

R. Flow far wrong is the board ? — A. 'Sir. Wright Rives, as far as I 
remember, is in so far right that he said biick pavements had been 
overcharged, say 15,000 to 10,000 square yards. 

Q. I ask you how far wrong the board was. — A. I was called upon 
to make this five weeks ago, and it has passed from my tnemory. 

]\Ir. Stewart. Then, perhaps, you had better put in your measure- 
ment. 

The measurement was ordered to be inserted, and is as follows : 

151 D c t 



2402 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



'^ 



•}SOJ IL'^OX 



•;goo 



•901.1 d^ 



•Hnippos 



■n — 


O CO 


o 






f- :c 


o 




n 


^^ 


?3 





TCOCOOOm^CO -^OOC^ i-HOO 



Tr(7i:coorHC:co 
c» in cj to o o lo Ci 

i^ CO C^ O CO o» Ci :o 
COC5Q0f-iC0CTr-lr-l 



i^ CO C^ O CO 0» Ci :o C» l^ -v 



to lO O i^ o ^ o c; 
C» (TI O CO CO O I O CO o> ~- -r 



OOOtOCOCi OOOIOCO 



•pTBi ^ngraeAB J 



jniiUBjj 



•SnipBJO 



jeinojjo 9!HUT?JQ 






c: a c3 a » 



fc.il 5 



E^ 



- ^ ^ Lj * 

'-"a — '? y^ 

- a -= -n o 

=^ !c -2" ^ i 



;--:=« S- 3 ^ < 






<- in cj<M 



o M f; 

'o ©"o o ° 
a a n g 9 
.2 .2 .2 -2 -2 



H-j -*i r^ Hw H"* ,_* 






W 



!5 ^ 



CO o 

o ::> 
CO \ri 
CO ira 

(N 






*A =s 









TESTIMONY OF ADOLF CLUSS. J4()3 

By Mr. Christy : 

Q. State whotber there is a main sewer on Eleventli street. — A. There 
is a sewer on Twelftli street east. This runs along Pennsylvania av(;- 
nue from Tenth to Twelfth street, and then again it runs from Tenth 
street up to South Carolina avenue, where it branches off into a pii)e 
sewer. On Eleventh street there is no main sewer. I speak from the 
map before me. 

By the Chairman : 

Q. You have given a statement about the sewers. Did you include 
in that the sewer of the Botanical Garden ? — A. You know the Botan- 
ical Garden has nothing to do with that of the intercepting basin — basin 
JSTo. 4. Now I consider it wrong for the citizens — there is not a bit of 
main sewer ever laid in here, and, ac;cording to our law, we have no 
right to tax them except for the work done. But there is no contract 
for it, even. All that has been done is this main sewer here, [indicating. 
These sewers running np here | indicating] have been paid for by the 
citizens themselves — tlie old corpoi-ation, some time since. 

Q. That is one of the 20 mills districts t — A. Yes, sir. I do not say 
that there was any intentional error, but 1 say there has not been that 
care observed which there ought to be. 

By Mr. Wilson : 

Q. The chairman has asked you about the sewer of the Botanical 
Garden. You have made up the statement of what the United States 
has paid on account of the main sewers ? — A. Only since the last two 
years. 

Q. Does that statement embrace what the United States has paid 
for the construction of sewers through the Botanical Garden ? — A. No, 
sir; not as paid by theuK There is one running across Judiciary Square 
which Dr. Blake constructed while he was commissioner of public build- 
ings. There is a sewer 8 feet wide, and again another sewer on Xiiith 
street, running from the present B-street sewer up to the Pntent-Oliice 
and Post Office : I believe, also, one in Fifteenth street. Various sew- 
ers have beiMi built by the Government for the accommodation of the 
Departments, because at that time the water-closet arrangements were 
confined more to the ])ubiic departments, and not to private houses. 
The General Government needed the sewers first. 

Q. Then this statement you gave does not embrace all the money 
that the United States has paid on account of the construction of sew- 
ers ? — A. No. sir. 

Q. AVhat does it embrace '? — A. That statement contains the money 
which the board of public works has spent, and pro[)oses to spend, to 
complete the main sewerage, and on the otlier side the money which 
the (roveinment of the United States has paid to the board of public 
works for these very sewers. 1 iuive al~o a statement showing, from 
our oldest surveys, liow many old sewers were in when the board of 
public works took charge, but 1 believe I took it home again. 

Q. AVliere is your statement a\)()ut old sewers ' — A. I have it at home. 

Q. Is it in a condensed form ? — A. Yes, sir. 

Q. Does it show tlie old sewers destroyed by the new system of 
sewers ? — A. No, sir. Tlie old sewers that have been destroye»l are not 
of any account. The old sewers have been made to cooperate with the 
new sewers. 

Q. Bring it in as condensed a form as you can. — A. I will do so. 



2404 AFP^AIRS IN THE DISTRICT OF COLUMBIA. 

By Mr. Mattingly : 
Q. Yon stated yesterday tbat you thought this cironhir curb on P- 
street circle was certified to by Mr. Forsyth ; state whether this is not 
signed by you and jMr. Barney? [Handing witness the foUowing 
voucher :] 

Washington, D. C, Ocfoher 18, 1873. 
Board of Public Works, D. C, 

To Evans Concrete Company, Dr. 

Couuecticut avenue northwest, between H and P-street circle : 

6,458 feet straight eni-b, trimmed and jointed, 20 cents $1,291 60 

3,316 feet circular curb, trimroed and jointed, 30 cents 994 80 

342f^ feet, 6 by 20, bhiestone curb, hauled from G-street wharf, 9 cents 30 80 

57i% feet, 6 by 20, bhiestone curb, hauled from Sixth-street wharf, 10 cents .. 5 77 

307-/V feet, 5 l)y 20, bluestoue curl), hauled from G-street wharf, 8 cents 24 60 

300-iV feet, 5 by 20, bluestone curb, hauled from Sixth-street wharf, 9 cents .. 27 00 

49-i^y feet, .5 by 20, bluestoue curb, hauled from Fourth-street wharf, 10 cents 4 94 

2,311fV feet, 4^^ by 20, bluestoue curb, hauled from Sixth-street wharf, 8 cents 184 91 

341-1^ feet, 4^^ by 20, bluestoue curb, hauled from G-street wharf, 7 cents 23 91 

2, 588 33 

I, , superintendent for improvement of street, from to 

, in , hereby certify that the work embraced in the bill of , dated 

, was done under the order of the board of public works, (contract No. , 

187-,) aud has beeu done iu couformity with the contract and specilicatious. 

. ^ 

Si(2)eri)itc)Klent. 
Dated , 1873. 

I hereby certify that I have measured and inspected the work done by Evans Con- 
crete Company, on the imiu'ovement of Connecticut avenue, northwest, between H and 

P-street circle, iu , embraced iu his bill dated October 18, 1873, which work was 

done under the order of the board of public works, (contract No. , 187-,) aud 

iind it correct as to quantity and quality, aud that tlie work has beeu done aud labor 
and material furnished as per contract aud speciticatious. 

chas. e. barney, 

Asbistant Engineer. 
Dated October 18, 1873. 

Approved October 18, 1873. 

ADOLF CLUSS, 
Engineer li. P. W., in charge. 

I certify that the foregoing bill is correct in form, and that the prices are according 
to contract, aud is therefore audited iu the sum of . 

Auditor B. P. TV. 

Dated , 1873. 

(Indorsed :) Cert. No. . Account . B. P. W., 9662. Oct. 18, 1873. Evans Cone. 

Co.'s bill, for work done on Conn, ave., N. W., bet. H and P-street circle — 12,588.33. 
Hauling aud dressing, curb measurement. Board of Public Works, D. C. Oct. 24, 1873. 

A. This is again a bill of hauling. 

Q. No, it is not a bill of hauling; it says 3,316 feet of circular curb, 
triiniued and jointed ; that is not hauling. — A. Yes, sir; that is so. I 
have been taken in, and Mr. Barney has been taken in by that. 

Q. You and Mr. Barney uere both taken in ? — A. Well, let me see ; I 
must look our price-list over. [The witness proceeds to do so.] It is 
not in this price-list at all. It is dressing and jointing, 20 cents, here. 
But I wish to say that this is a bill, most likely, that reached us from 
the sui>erintendent of property. This is mainly a hauling-bill. 

Q. No, I am not talking about hauling; I am speaking about the cir- 
cular curb up there at the top. — A. Yes, sir, it is as you say. 



TESTniONY OF J. B. BLAKE. 2405 

Q. That is not lianlin.u' ; that is for triminiii.i? and Joiiitins" tl)at curb. — 
A. i>iit the whole is a bill that conios to us from the sii|H'riiiteii(leiit of 
])roi)ert.v, but it mij>ht be inserted in our ofllce, and the rest of the bill 
has eoiiie from there. But 1 think both of us mijiht have been misled. 

Q. In ease both of you have been misled, ami that you eertitied there as 
to the quantity and (Quality of that circular curb, the board was Justified 
in receiving- it and charging for it as circular curbing, was it not 'i — A. If 
my attention had been 

"Q. I am not talking about that. When an engineer and one of his 
assistants certify that so much circular curb luis been laid around that 
P-street circle, and jointed and trimnu'd, is not the board Justified in 
assuming that it was circular curb, and all right "? Can you answer that 
question ? — A. Yes, sir; they are right in assuming such to be the fact. 

Mr. ^r.VTTiNGLY. So I supposed. 

The Witness. Since Mr. Mattingly conies up, he reminds me of some- 
thing. :\Lr. Mat'^ingly the other day said he could not understand it 
that the board was not aware why I should uot kuow everything of the 
smallest details. Here is a letter dated 

" Washington, April 15, 1874. 
''3[y Deaf^ Sir: I have taken the liberty, in your absence, of direct- 
ing- ]\Ir. Oertly to get up a statement oi measurements. ]S'o one else 
can do this. I hope it will meet with your approbation. 
" Very respectfully, 

" HENRY A. WILLARD." 

And addressed to "Adolf Cluss, engineer." There is a postscript to the 
effect that the statement referred to is for the committee. You know 
very well that these Governuu^nt matters, and things of that kind, 
come up, and I had no means of knowing exactly all the details, 
otherwise he could not say nobody else can do this. 

Q. In the statement you put in here this morning as to flagging, you 
take the opportunity there to say that if, instead of flagging, this Neuf- 
chatel rock had been used, it would have cost so much less ! — A. Yes, 
sir; I do, most assuredly. 

Q. If bricks had been used, they would have cost a great deal less? — 
A. I say Xeufchatel rock, without impairing the beauty or stability, 
could have been used. 

Q. That is your opinion of the Neufchatel rock"? — A. Yes, sir. 

Q. That is an ex])eriment in this city, is it not? — A. It has been no 
experiment. It has been used for a length of time, and in terraces it 
is the order of the day in the best places about the Tuileries. Concrete 
])avements have been introduced here, cheaper concrete pavements, 
where they have tried to improve upon the Neufchatel rock, but I have 
always held that you can im|)rove ujion nature if you have angels for 
mechanics; but as long as you have to deal with mortals there will in 
many cases be carelessness and neglect of one or the other little ele- 
nuMits wliich are necessary to make a success. 

Dr. J. B Blake sworn. 
By the Chairman : 

(^)iicstion. I may not have undeistood the testimony tliis morning, but 
I understand it as you stH'in to, that this filling of lots of which you 
were the agent is charged to KMiodc ishnid avenue .' — Answer. Yes, 
sir. 

(}. And i»aid for by the ]»oard '.'—A. Yes, sir. . 



2406 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Charged to a street. Will yon explain wliyf — A. I understood 
that I had been charged with having the lot, either mine or which I 
have the custody of as trustee, filled at the expense of the board of 
l^ublic works. Such a thing as that has never occurred. I am the trus- 
tee of the estate of the late Johnson Hellen, of this city, a gmtleman 
well known in thisconiinunity. About a year ago, perhaps a liffte less, 
I was notilied by the board of health that one of these lots was in a con- 
dition that rendered it a nuisance, and they requested me to till it up. I 
was then contined to a bed of sickness. I had a letter prepared ad- 
dressed to the board, requesting them to defer action until 1 could get 
out of bed to look after it, and as soon as I could get out I would em- 
ploy a party to till up the lot. They filled it up, and 1 paid them the 
bill for It. This was long before I ever dreamed of becoming a mem- 
ber of the board of [)ublic works. 

Q. Who did you employ to do that ? — A. A man by the name of Evans 
and some one else. I can send him to you. 

Q. I did not ask for that purpose. You did not emi)loy Riley & 
Clark? — A. No, sir; I think it was Evans. Perhaps it might have 
been Evans & Riley. I will not be certain about that. But both of 
them 1 hav^e seen since, and both have expressed a desire to explain the 
transaction. 1 said if necessar}' they would be sent for. 

The Chairman. It is not necessary. 

The Witness. But it was long before I had any idea of being a member 
of the board of public works, and how it should have ever been charged 
to me I don't know. I have paid several huiulred dollars, and I was 
never notified of anything of that kind. 

Mr. Wilson. You are laboring under a wrong impression, doctor. 
oSTobody has charged here at all that you did anything of this kind. 
There is no intinnition of the kind. The only testimony that has beeu 
brought before the committee upon that subject is that Mr. Riley, of 
the firm of Riley & Clark, or that firm, did deposit the earth on those 
lots, and were paid for that by the board of public works; that earth 
that was deposited there having been charged to some other streets. 
There is no statement that there was any complicity on your part at all. 

The Witness. Thank you; I am much obliged for that explanation. 

By Mr. Stewart : 

Q. How long have you been a member of the board ? — A. I have 
been a member of the board, I think, about seven mouths. I was ap- 
X^ointed in September, and I think 1 qualihed as a member of the board 
on the 2od of Sei)tember. 

Q= Have you [)aid attention to the business since you have been a 
member ? — A. Yes, sir. After the first four or live weeks I gave pretty 
general attention to the business. I have been there and endeavored 
to inform myself thoroughly in regard to it. I was i)resident up to the 
1st of January of the National Metropolitan Bank; and until i closed 
my connection with the bank 1 was not as often at the board as I have 
been since. 

Q. About how often do you attend now? — A. I attend every day. 

Q. Is it necessary, in order to an understanding of the business, to 
attend to it pretty much every day? — A. I always find plenty of busi- 
ness there every day. 

Q. You gave up your private business? — A. Yes, sir; that is, the 
banking-business — I gave that up. I have none other than my indi- 
vidual business. 

Q. And you meet there every day and consult? — A. Yes, sir. We 



TESITMONY OF J. B. P.LAKE. 2407 

consult thus far: whciu'vor any question comes up to Mv. Willaid, the 
viee president of the l)oar(l, he is very a])t to come to me or send for me, 
and we confer in re-^ard to it. Tiie business he attends to is nu)stly 
routine business, such as referrin<;- papers, «S:c. Any question requiring" 
decision I do not think he decides without consultation with myself or 
other members of the board of public works. 

By Mr. Wilson : 

Q. Are those matters the matters that are entered up upon your min- 
utes as being- the i)roceedings of the board ? — A. When we have a 
meeting of the board now — when I first went there there was no regu- 
lar day appointed for tlie meeting of the board. Since then we have 
had a regular day ai)pointed. When we meet tiiere and get a quorum, 
we meet and proceed reguhirly as any other board would do, noting 
down all the proceedings as they occur, everything that comes before 
tlie board. I understaml that that journal is made up — I inquired about 
it wlien I went into it — tliat journal is made up from the current busi- 
ness of the board, from the letters that are written, &c. But it is a 
journal so far as it notes the proceedings of meetings at which 1 have 
been present. 

Q. Does it contain meetings of the board ! — A. Yes, sir. 

Q. And prior to that time it was simply the record of the current 
transactions made up in the manner, 1 presume, that Mr. Johnson 
stated! — A. Yes, sir, very much. 1 read his testiuiony. 

By Mr. Stewart : 
Q. And made up of the meetings? — A. Yes, sir; that was one of the 
first things that struck my attention when I went there, that we ought 
to have regular meetings of the board and deliberate upon the measures 
that came u[) and discuss them freely. It was ultimately determined 
upon. Since then we have gone on very regularly with it. 

By the Chairman : 

Q. You do d(diberate now ! — A. I think so. I never belonged to any 
body when I did not deliberate in regard to any matter that was sub- 
mitted to my judgment. 

Q. I do not speak of you personally. I mean the body of which you 
are a member. Are you letting contracts now ? — A. No, sir; not what 
you would call an original contract. Some matters that require fixing up, 
where the origiiuil contractor had either abandoned the work or was 
really unable to go along with it. In those cases, it being necessary, 
the board has given the work to somebody else. 

(}. Have you any plans for improving the streets that have not been 
imi)roved tlius far, or are you only (iompleting old work '! — A. We are 
only completing ohl work. I do not know of any ]»lans. 

Q. I mean you have no disposition or understanding that new con- 
tracts are to be made? — A. None whatever, sir. 1 do not think it would 
be very wise in us to do so. We have no means to fulfill any contracts. 

By Mr. AViLSON : 

Q. Have you niade any contracts when you have had no means ; when 
did your means run out? — A. Well, I cannot exactly tell you that. 

(}. Had it run out before you came in t — A. Well, I rather think that 
it had, sir; although I won't be ])ositive on that point. 

(). Frouj your investigation ol' lln' allairs of the board, about what 
time do you think the meaus did run out' — A, Indeed I cannot tell 
you, sir; 1 cannot answer that (juestiou to save me. I do not know 



2408 AFFAIRS IX THE DISTRICT OF COLUMBIA. 

aDytliing- about it, except what came under my observation. I know 
one of the most annoying things to me in regard to it is that we are 
not able to pay our debts. I have, myself, wherever I have been — 
I have been commissioner of public buildings under two administra- 
tions — always have had plenty of money to pay a bill whenever it was 
presented ; always took care to ha\e money on band ; and now when a 
bill is presented and 1 cannot pay it, I feel that it is almost a personal 
matter. 

Q. When you became a member of this board did you or not find it 
to be a fact that the board was very largely in debt without any means 
•whatever of jjayiug it f — A. Well, I believe that was the conceded fact, 
sir. 

Q. Have you any idea, or had any member of the board any idea of 
the extent of that indebteduess I — A. I had none ; I cannot answer for 
others. 

Q. Were you or not aware of the fact that there had been a very large 
amount of certificates already issued when you came in, for work that 
had been done, and for which there was no means to pay? — A. When I 
came in and had been there a little while, I had ample 0[)portunity of 
knowing something about it. People made application who had their 
certificates. I never went into the market to see about certificates, and 
I do not deal in such things. 

Q. But you found a very large indebtedness without any means to 
pay f — A. Well, the contractors would come there with their certificates 
and they wanted to get the money. 

Q. Have you made any investigation as to the financial condition of 
the board? — A. I have not, sir, in regard to that matter. While I saw 
many things that I thought in time might be corrected advantageously, 
I proposed not to move in the matter until everything was quiet and 
then we could do so dispassionately. I did not want to do so while an 
excitement was prevailing. I have noticed among the members of the 
board nothing but what was frank, open, square, and honest. 

Q. Well, 1 am not discussing that; but what I want to get at is this : 
I want to know whether in all your consultations you hav^e taken 
any steps to ascertain the exact financial standing of this board, 
its indebtedness and its resources, with a view of settling with the 
parties whom you owe ? — A. I never have, sir ; such a thing has never 
been before us that 1 am aware of. I thought that would all be dis- 
closed in the report that would be made here. We had no data to go 
upon immediately, unless we had a general examimition of the whole 
affair. 

Q. Certificates are still being issued, are they not, from time to time ? — 
A. Well, I believe they are, but you have had the auditor up here, and 
I do not know whether I am correct in tliat assertion or not. 

Q. The measurements of work are still being made ? — A. Yes, sir. 

Q. Is there or not any considerable amount of work done and not 
yet measured so far as you are advised ? — A. Well, I cannot answer 
that question ; that probably pertains lo the engineers. Whenever any 
question comes up before us that relates to the engineer department, we 
call upon them for information. There are a great many calls made for 
information upon all the different branches. I will say here that the 
divisions of the board of public works are organized separate and dis- 
tinct trom each other ; they seem to me to be perfect, but they want a 
regular connection so as to make it a perfect whole, and those are the 
points to which I intended to give my attention. 

Q. You intended to straighten this thing out as soon as you could? — 



TESTIMONY OF J. 15. 15LAKE. 24O0 

A. Yes, sir; I intoiulcd to have cveiythiiig' straiglit, if 1 could possibly 
accoiiii)lish it. 

Q. Do you know wiiether there has ever been, iVoin the organi/zitiou 
of the board down to tiiis day, any settlement with Mr. ]\Iagi uder as 
treasurer of that board, or any in vest illation made with a view to ascer- 
tain whether or not his accounts are all straij;ht and ri<;ht ? — A. Xoth- 
in<i' has come under my observation. 1 do not know anythin.u;" about it. 

Q. Have you any infoi niation that anythin;n' of the kind has ever 
been done since the organization of this board ? — A. I do not believe 
anything of that kind has ever come under my observation at all; that 
was one of the points that struck my attention. 

Q. Make such a statement as .\ou <lesire in relation to that matter, sir. — 
A. The first thing that struck my attention was, that the auditor's cer- 
tilicates were regarded as checks upon the treasurer. They were taken 
to the treasurer, and, as I undeistaiul it — I may not be exactly correct — 
but, as I understand it, they were taken to the treasui-er, who paid them 
in sucli funds as he had — it he had money, lie jiaid money ; if he had no 
money and had bonds, he i)aid bonds. 1 thought that was rather a 
loose way of doing business. 3Iy opinion is that the auditor's oftice 
should be supervised by a comptroller's otiice ; that the comi)troller 
should have the same or higher powers than the auditor; he should not 
only be an accountant, but a law-olticer, to determine the legal matters 
which might be involved in the accounts. JMy opinion was that if he 
had examined these accounts and struck a true balance, if there was 
any dirterence between the balance he made and that the auditor made, 
then should make his warrant upoa the treasurer, and the treasurer 
should then issue his clie(;k upon the depository of the board. Those 
were my ideas, and I intended to elaborate them, and put them into 
proper form had I had an oiiportunity of doing so. 

Q. Just in that connection 1 will ask you to state whether or not there 
is in the system that has been in vogue in the board any check what- 
ever on the treasurer of the board. — A. Well, 1 don't know of any check 
npon the treasurer at all — none at all. 

{}. In other words, Mr. Magruder may have paid out A. I don't 

want to state anything of my own positive knowledge on that subject. 

Q. No, sir ; but you have been a bank olficer, and you have had a 
great deal of experience, and I want tl»e benefit of that in determining 
as to the propriety or impropriety of the nninner in which this thing 
1ms l>een done; therefore I ask you that question, whether there is any 
check upon the treasurer ? You say that you do not know of any. — A. 
Well, I should not think that there was any check from my observation 
from day to day ; tliere may be ; I am not aware of it ; there is no check 
upon him. But, I think, when he comes to settle uj) his accounts, the 
auditor would have to determine whether they were correct or not upon 
such evidence as he could ol)tain. 

(,). Now, thei'e being no check upon the treasurer, is there any mode 
by which this couimittee can ascertain the true state of his accounts, 
ami the true condition of the financial affairs of this board, irom its 
organization down to this time, other than by going through the whole 
thing? — A. Well, I am not familiar enough witli the business to answer 
that (piestion in the manmu' 1 W()uld like to do. 

(^. Oan you conceive of any way in whi(di we can arrive at the exact 
state of the imjiietary affairs of this board other than by going through 
the accounts of Mr. Magruder and the auditor in detail ? — A. I do not 
know of any. The superintendent of assessments keei)s a regular ac- 
count of moneys that he pays over to Mr. Magruder of all descriptions; 



2410 AFFAIRS IN THE DISTEICT OF COLUMBIA. 

the balance of the money that he has in his hands, as the result of 
these bonds, things of that kind — that is, they are put there by law. 
He gets possession of them. I do not know of any account that is kept 
that would enable you at once to determine whether his accounts are 
accurate or not, but I have no doubt of it from my knowledge in regard 
to the matter and the man. 

Q. You do not approve of the manner in which this thing has been 
done, if I understand you ? — A. No, sir. If left to me, I should have 
endeavored to have had a different arrangement, certainly ; I should 
have endeavored to have had a different arrangement, so that there 
could be no doubt about anything, and where you could lay your hand 
upon anything in a nioment; where I could take you to the books and you 
could see exactly how the last settlement was and everything in regard 
to it. 

Q. Were you aware of the fact that Mr. Magruder's checks upon the 
bank do not at all correspond with the charges that he has made against 
himself in the reports that he has made with the board from to time? — 
A. No, sir. 

Q. You were not aware of that ? — A. No, sir. 

Q. Were you aware that in order to get at the items for which any 
check was issued, it was necessary to go into an examination of a lot of 
vouchers? — A. Well, I do not know how a case of that kind could arise 
unless some question originated in regard to the payment of a check 
and then it came before the board. The board would have to investi- 
gate the matter in order to determine. 

Q. Were you aware that Mr. Magruder was presenting his reports 
to the board in that way — keeping his accounts in that way and pre- 
senting his reports in that way to the board ? — A. I never suspected 
anything wrong, nor do I. 

Q. I am not asking you, sir, as to any suspicions; I do not suppose 
you did, but were you aware of the fact that he was keeping his ac- 
counts in that way "? — A. No, sir ; I was uot aware of the fact. I do 
not know how I should have ascertained unless I had instituted an in- 
vestigation myself individually into the matter. 

By Mr. Bass : 

Q. There was a check drawn July 15, 1873, for $50,000 to the order 
of L. S. Filbert. That is one case. If you take the report of the board 
of public works for 1873 you will not find under the date of July 15, 
or at any time thereafter, any entry made of any such expenditure of 
money as $50,000. Or take another case, as I understand, as stated by 
Colonel Magruder, and I understand he has the check here this morn- 
ing, that that $50,000 purports to have been paid in bonds and therefore 
there is no entry whatever of that as I understand it in his account. 

Mr. jMag RUDER. O, yes, there is, Mr. Bass. Just let me explain. 

Mr. Bass. [To the witness.] Would you know, doctor, where to' find 
in his published report a statement of such a transaction as that to 
which I have just referred? — A. I have never examined his published 
report and I do not know anything about the auditor's office or the 
manner of conducting his business at all. The whole subject has been 
a subject of conversation between Mr. Willard and myself in regard to 
matters there and what we contemplated doing, and hoped to accomplish 
in the course of time. I should think that Mr. Magruder would be able 
to show some charge corresponding with the check. 

Mr. Stewart. His explanation of it is this: he says that, for instance, 
he wants to pay off a dozen certificates that have been issued- — 



TKSTB[ONY OK J. li. I5LAKE. 2411 

IVfr. Bass. That is not this case. 

Mr. Stewart. Well, lor instance, he draws a check for 8.~>0,0fl0; 
that is the gross «nni ; draAvn to A. !». ; then, when they send it n|) in 
the rej)orts here, we (h) not see anything of that check; but he takes 
that, and then, with the money, he pays the certiticates that are out. 
Those certiticates are entered in the items of tlie rei)ort. [To the wit- 
ness:] How would yoa remedy that so that both transactions would 
appear; under your plan, how would both transactions appear; would 
it not be arranged by having a cash -account — a book that showed 
his cash-account every day ? — A. I think that everybody ought to have 
a cash account that has any great extent of business. 

Q. Have you ever seen any cash-account ? — A. I have not examined 
3Ir. Magruder's account at all ; 1 do not know anything about it. 

Mr. Hamilton. I suppose a cash and certificate account would settle 
the whole thing-. 

]5y the Chairman : 

Q. I want to ask you a question. Do you think that a member of the 
board of public works should be its treasurer ? — A. Well, sir, I should 
think it wouhl be much better for him not to be. 1 think it would be a 
great deal better. I think we have other matters there to occupy our 
atten.tiou without devoting it to that. 

Q. Do you not think that the treasurer ought to be an officer subor- 
dinate to the board, and subject to its direction? — A. Entirely so; yes, 
sir, I think so. 

Q. The auditor is not a member of the board ! — A. No, sir. 

By Mr. Wilson : 
Q. Were you aware that anything of this kind which has just been 
handed to me this monu^nt, and I never saw it before, was going' on in 
the board of public works ? Here is a paper, dated 

Washingtox, D. C, Fchruarij 7. 1873. 
The Board of Public Worl's to John 0. Evans, Dr.: 
To 9,703 feet bluestono ilagging, at 55 cents per foot $5,336.65 

On the left hand corner of it is this indorsement iu pencil: 

Mr. r.,AV : If you have the inspection of this, issue a certificate. 

JAIMES A. MAGRUDER, 
Treasurer Board of ruhlic jrorks. 

Then on the back of it is this indorsement : " Audited for $5,33G.G5, 
bluestone flagging, for board of public works. Received February lli, 
1873, certificate Xo. 734, for 8. ■3,330.0.")," the amount of that account. — 
A. AW'll, sir, I do not know anything about that singular transaction. 
]My answer to that is this: The auditor was not com[)elled — it was no 
))art of his <luty, to regard what the treasurer said in that note, and I 
l)resunu' he would not have issued a certificate, unless he was satisfied 
by the measurement. 

Q. H(^hl on a minute. Let us see how these certificates are issued. 
There is here : " if you have the insi)ection of this, issue a certihcate.'' 
What is your arrangement about having insi)ections; who is the man 
that (lo«!s the inspection .' — A. 1 do not understand. He can exi»lain 
better than 1 can, [)eriiaps. It is simidy referre<l. " If you have the 
measurements all straight, issue a certificate ; 1 suppose that is about 
the idea tliat he inteiKh'd to convey. I do not know anything about it. 
That was before I came in. 



2412 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Would you regard that as a regular or an irregular way of doing- 
business ? — A. If I was auditor I should satisfy myself that the money 
was due a man beyond a doubt, before I should issue a certificate. 

Q. Do you know what authority Mr. Magruder had about giving di- 
rections for the issue of certificates? — A. Well, I suppose he thought 
it would be respected, merely as an act of courtesy. I have myself in- 
dividually gone to the auditor and requested him to settle the account 
of A B or C D, who wanted to go away from here, and if there was 
anything due, to let them have it. There was an old gentleman I have 
known since my schoolboy days, named Blaxton. He had a claim 
against the board, and I asked the auditor, as a matter of favor to me, 
if there was anything due him, to issue a certificate. I did not think 
there was anything wrong in it. 

Q. Do you know of Mr. Magruder drawing checks in favor of himself, 
and paying out the money on account of the board ! — A. No, sir ; I am 
not aware of any instance of the kind. 

Q. Do you know that he did that ? — A. 'No, sir. 

Q. Is there anything to prevent his doing that? — A, I suppose not. 
If he had the money deposited to his credit as treasurer, he could draw 
it as treasurer, payable to James A. Magruder. 

Q. Was he authorized to do that? — A. Not that lam aware of. I 
suppose he was. I cannot presume that he would undertake to exercise 
a power without he was duly authorized. 

Q. Had the board ever given him any authority, that you know of? — 
A. Not that I am aware of, sir. 

Q. What check would you have on him in cases like that ?A — . Well, 
I cannot imagine what check we could have upon any man, if we sup- 
posed him dishonest. 

Q. What check would you have upon him, for instance, in this case : 
If he drew out on the ist of March $5,000, on the 15th of March 
$10,000, and on the 20th of March $10,000 more ?— A. I do not suppose 
that tl^re would be any check at all. 

By Mr. Hubbell : 

Q. Suppose he had a pay-roll to meet, and furnished a pay-list? — A. 
Well, that would exhibit, if he had pay-rolls or anything of that kind. 
If he could make any show of the disposition of the money, it would be 
all right; that is, it would be right in point of fact, but it would not be 
right in a business point of view. 

By the Chairman : 
Q. Do you know how often the auditor settles with the treasurer ? — 
A. Indeed I do not know anything about it. My attention has been 
drawn to other matters ; and one reason why I have expressed the 
opinion here that I have, that the treasurer ought not to be an oflicer of 
the board, was that I feel a delicacy in going to my colleague and ask- 
ing him to make an explanation to me. 1 could not do so. 

By Mr. Wilson : 

Q. Under this system the treasurer is the sole custodian of the funds, 
and he is the sole party w^ho draws the funds ? — A. Yes, sir; and the 
sole disbursing officer. 

Q. He is the sole custodian and the sole disbursing officer ? — A. Yes, 
for paying moneys out of the treasury, as I understand it. 

Q. Are yon aware of the auditor and treasurer ever having any set- 
tlement ? — A No, sir ; I am not aware of it. I will say this : 1 see the 
auditor very often in his room, attending to matters of account; but I 



TESTIMONY OF .1. i;. llLAKE. 2413 

have nevor iiHiiiired — it lias not been ox]>laiiie<I to nio and I never in- 
quiied about it. He may have bt'on liaviii*;- a settlement with the 
treasurer. 

Q. l>ut the board has li;id notliin.u- to do \vith it .' — A. The board, as 
a board, has had nothing to do with it. 

Q. It has been a matter purely, if there lias ever been any settlement, 
entirely between the auditor and treasurer .' — A. lOntirely so. I speak 
as an individual mend)er of the board. 1 had no knowledj^e of it. 

i}. Do you know whether there has been payment of interest made ou 
eertifieates out of the fjeneral fund; s(>\vei' (HMtitieates, for exami)le ? — 
A. I know of no ease of the kind. 1 do not think that a case of the 
kind could occur. 

Q. (in any certificates? — A. I shouhl tliink not. 1 should be op- 
posed to it, <lecidedly. 

Q. You have issued interest-bearinj;" certificates f — A. O, yes ; I did 
not understand you. I thou.^ht the (jiu\stion that you put to me was 
about these certificates that the au<litor issues. 

i}. < ), no; I am not asking you about those, but about your interest- 
bearing certificates. — A. (), they were j)aid at the ^Siational ^letroi)ol- 
itan Bank. 

Q. Has interest been i>aid on those out of the general fund '': — A. 
The commissioners of the sinking-fund, 1 believe, i)ay those. 

Q. Is interest paid on them out of the general fund? — A. I do not 
understand what you mean by the "general fund." 

Q. I mean out of the general tax-fund of the District. — A. The inter- 
est has be(Mi ]r,\U\ by money received from sources of revenue that prob- 
ably are niuler the control of the board of public works. 1 do not 
know whether it is a general fund or not. 

By Mr. Bass : 

Q. Did the National Metropolitan Bank allow the treasurer of the 
board any interest on his 'mone}' * — A. Xot a bit, sir; and we. would 
not allow you any if you came there and de[)osited it. 

By the CiiAiii3iAN : 

Q. You were aware that the board of public works was largely in 
debt ? — A. I think it is very largely. I should think so. I dp not know. 

Q. Have you any i)lan for the payment of that debt; any specific 
plan in view ? — A. Well, the i)lan, so far as 1 understand it, is this : 
There are assessments to be made upon streets and work that has been 
done that ha\'e not be<Mi ma<le yet awhih^, aiul as soon as they are made 
money will l)e coming into the treasury, and, as a nnitter of course, they 
•will liave nu'ans to pay. I think that is one gicat difficulty in the way 
of [)ayment — that we did not proceed along prom[)tly. 

By Mr. Wilson : 

Q. But those assessments cover only one-third of the cost. "What are 
you going to do al)out the other two-thirds '! — A. Well, I do not know, 
sir, uidess yon gentlemen of Congress will hell) "•'^• 

i^. Your nndn reliam;e, then, is Congress :' — A. CentlenM-n, 1 lell you 
very frankly that 1 rely upon Congress, because 1 have a great respect 
for Congress, and I know that Congress will take care to pay its Just 
debts. That is my idea about it. 

I'.y Mr. CiiKiSTV : 
(i. Do you api)rove, as a member of the board, of their system ol ar- 



2414 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

bitrarily awarding contracts instead of securing proper competition by 
public advertisement? — A. Well, sir, I do not like to pass judgment 
npon anything that has been done. My own opinion is, that if I had 
control of tbe matter, I would advertise for proposals. I would give the 
work to the lowest responsible bidder, always taking care that he was 
responsible. 

By the Chairman : 
Q. That is what you would do? — A. That is what I would do indi- 
vidually. 

By Mr. Christy : 

Q. I understood you to say that you have been a member of the board 
since last September. — A. Yes, sir. 

Q. And an active member since the 1st of January. — A. Yes, sir. 

Q. Have you attempted to introduce these improvements into their 
system that you now state that you deem necessary? — A. I have just 
stated to the gentlemen here that the reason why 1 did not do so was 
that I was waiting until this investigation got over, and everybody was 
free from excitement, when we could calmly deliberate upon the subject, 
and do what was just and proper in the case. This is no time to be 
undertaking reforms there. You have, perhaps, two-thirds or one-half 
of our force up here; we cannot attend to business. 

Q. Have you not even during the investigation been making that 
which you deemed a reform ? I now refer to the meeting that you held 
on the 25tli day of this month. — A. What was done there I do not re- 
collect now. 

Q. There is a preamble to certain resolutions, '' Whereas Adolf Cluss, 
in his testimony on the 22d instant, admitted that he had perjured him- 
self, therefore," &c. Were you present at any meeting when such a 
resolution was passed by the board *? — A. Yes, sir. And I voted for it. 

Q. Will you refer this committee to the testimony of Adolf Cluss, 
in which he admitted that he had committed perjury ? — A. The testi- 
mony was read from your own proceedings, sir. It satisfied me as a 
moral man that he had committed moral perjury. As well as I recol- 
lect, Mr. Mattingly asked him whether that was his signature. He said 
it was a forgery, if it was. If his signature was attached to the paper, 
he said it was a forgery. " Well," said he, " suppose it is a forgery ?" 
" Then," said he, '' it is perjury." " Well, now, look at that. Is that your 
signature?" "Yes; that is my signature." " Then you admit that it is a 
forgery ? " "Well," said he, " it is either forgery or perjury." " Well, 
then, it is perjury." Said he, " Well, you say so," which was as much 
as to admit it. 

Q. Now that is the part of the testimony upon which you based these 
resolutions and your judgment, was it? — A. Yes, sir. 

Q. And not upon any other part of his testimony ? — A. Well, I did 
not read his whole testimony. That was pointed enough to my mind to 
show that he had done what was morally wrong, decidedly so. It was 
a subject of great regret with me, because I sympathized greatly with 
Mr. Cluss, and have been friendly toward him in the board, and I have 
sustained him pretty generally. 

Q. You deemed him until that time an honest man and a gentleman 
of veracity ? — A. I did so. I did not suppose for a moment that he would 
have put himself in the predicament that he appeared in before this 
honorable committee. 

Q. You say that ever since your connection with the board of public 



TESTIMONY OF J. B. BLAKE. 2415 

works all tlicir actions have boon opon, fair, and honest ? — A. P^vory ouo, 
sir, tliat has coino nnder my ol)s*'rvation. 

Q. Do you (loom it open, fair, and honest toward a so"tlonniu, a 
member of the same board as yourself, to condemn him in his ab- 
sence? — A. Well, sir, this invosti.uation is a matter of public notoriety; 
everybody undorstan<ls it; I understand it; I know what is goinj; on as 
well as you do; and I say that whatever transpires here, we are Just as 
competent to pass our judfiinent uiK)n as if we were to have it transpire 
in our own room at the board of public works. 

Q. Did you not know when you passed that resolution that Mr. CIuss 
was still a witness before this committee? — A. 1 did not know the fact. 

Q. Did you not know, sir, that he had not been discharged as a wit- 
ness f — A. I did not know that fact, sir. 

Q. If you had known that, would you not have deemed your- action 
improper and unjust '! — A. Well, sir, 1 should not ; if I was thoroughly 
impressed with tlie idea that he had coaimitted this great fim.v pas^ f 
siionld have passed the same judgment upon him. It is the conviction 
of my mind that he had done wiiat is discreditable to a gentleman and 
a man of honor, and that made me unite in the api)robation of that res- 
olution. 

Q. Was it not your pnri)ose in part toalfect his testimony before this 
committee ? — A. Not a bit of it, sir. 1 am above doing any mean thing 
as tluit. If you think so, you couhl do so, sir; I would not and will 
not. I decline to answer any more questions from you. Either of the 
gentlemen here, who are gentlemen, J will get them to put any (juestiou 
they want to put to me. I won't answer any question from you. 

Mr. Christy. I submit to the connnittee if that is not a proper ques- 
tion. 

The Chairman. That has i)assed ; if you will propound another we 
will rule upon it. 

By Mr. Christy : 

Q. Did you sign this report as a member of the board of public 
works? Have you seen the printed volume? — A. Well, 1 signed exeiy 
report that is there that my name is to. 

(^). Do you indorse all the st;itements in that rejiort ? — A. As far as I 
understand them. I thought 1 understood it thoroughly at that time. 
I mean the body of the report here. All matters of detad, I must say, 
I did not know a great deal about them. I merely looked at them. 

Q. You have read, you say, carefully all the testimony in this case 
sufliciently to uva\h.' up an opinion in regard to it. Now, I ask you if 
you are not satisfied that there are mistakes contained in that report. 

]Mr, UA3IILTON. I do not think that that is a legitimate in(j[uirv, Mr. 
Christy. 

Mr. Christy. I deem it necessary for basing another question. Ue 
said he was as familiar with the testimony as we ourselves. 

The Witness. In regard to what aflccts the board of public works, I 
pawl full attention to that. 

Mr. Christy. All the testimony, I think, affects the board of public 
works. 

Mr. Hamilton. That is a (pioslion for us to determine, sir, not the 
witness. 

Mr, CiiRLSTY. I wish to submit this: that if there be mistakes in that 
report which it was im])ossibh' for him to have inquired into, he is neither 
morally nor legally responsil)le. 

The Chairman! State that fact to him now. 



2416 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Mr. Christy. I understaud that he became a inei^iberof the board in 
Sei)teii)ber, and on the 1st of iSfoveinher the report was signed. 
The Chmrman. He will agree to that, I have no doubt. 
The Witness. Yes, sir. 

By Mr. Christy : 

Q. You have had a very extensive exjierience as a banker, have yon 
not, and as a financier f — A. Well, I have be<^n employed in business 
for some time, for many years. 

Q. You know, to some extent, tlie manner in which the business of 
the office of the treasurer of the board of public works has been con- 
ducted. Taking it for granted that you do, with the limitations that 
you have already stated to the committee, I desire to ask you this ques- 
tion: whether there is anything in that system, or manner in which the 
accounts are kept, to prevent the treasurer from purchasing with the 
I)ublic moneys, on the street, certificates and bonds that are sold at a 
discount, and subsequently using them as vouchers in the settlement of 
his accounts'? — A. Well, I answered that question to these gentlemen. 

Q. Not in that form. — A. Yes, sir; that is in substance the same 
question. But I have no objection to answering that. 

Mr. Christy. I submit to the chairman aud to the committee whether 
the question has been asked in that form. 

Mr. Hamilton. There is no dis[)nte about that. That is a question 
of fact ai)parent to the committee. 

Mr. Christy. I desire to ask the witness as an expert. 

]\Ir. Hamilton. I sup|)ose the committee are satisfied. 

Mr. Christy. If gentlemen of the committee make an objection, I 
will submit it to the entire committee. 

Mr. Wilson. Under the answers of Dr. Blake, it is perfectly appar- 
ent, if Mr. Magruder had seen fit to do so, he could have gone out on 
the street and bought these certifi(;ates at 50 cents on the dollar, if 
he had wanted to, and then drawn the money out of the bank and [laid 
it to himself. 

Mr. Christy". If the committee are satisfied of that, that contents me. 

The Chairman. I think the committee have been satisfied of that 
for a long time. 

Tlie Witness. You asked me if I thought that Colonel Magruder 
could, under the present system, check money in his own name of the 
bank, and I told you that I thought he could. That was my answer, 
and that covered your question. 

Mr. Wilson. He said th;it there was no check upon him whatever. 

Mr. HuBBELL. It de])ended ui)on whether he was an honest man. 

Mr. Wilson. He said he was disbursing officer and custodian of the 
money, and could do with it as he i>leased. 

The Chairman. The testimony of Mr. Magruder himself is that he 
kept no distinction between certificates and evidences of indebtedness 
and money, and that he could not distinguish in many cases. 

Mr. Stewart. He drew out the money and i)aid these warrants, and 
put them in his safe, and the question was put to him whether he had 
ever bought any of them, and he said that he had not. Now, that is 
just all there is of it ; he might have gone and bought them 5 there was 
no cash-account or certificate-account kept. 

Mr. HuBBELL. It ought to be presumed that we are business-men 
enough on this comtnittee to know that that is not a proper way to 
keep accounts. 



TESTIMONY OF H. OERTLY. 2417 

B. Oertly recalled. 
By Mr. Wilson : 

Q. Have .you examined, in iirint, your own statement submitted a 
day or two ago? — A. No, sir; 1 have not. 

Q, I refer to paj;es 21it)2 aud L*293 of your testimony. That was a 
written stateuient presented to the committee ami [)rinted by them. 
Was it prepared by you ? — A. It was prei)ared by me. I have not 
compared the printed testimony, but the written statement was pre- 
pared by me. 

Q. Is it a (;orre(!t statement, as far as you know ? — A. My written 
statement certainly was correct, to the best of my knowledge. 

Q. It is a review ot Mr. liives's statement ' — A. Yes, sir; it is a re- 
view of Mr. Eives's statement. 

Q. Who directed you to make up this statement ? — A. I thiuk the 
governor. 

Q. Wlieu ? — A. I could m)t tell you the date exactly. It was some 
time last week. I think it may possibly have been the week before, just 
after ]\Ir. Eives testified. 

Q. How many statements have you made up with reference to Con- 
necticut avenue ? — A. There is a statement of mine in my first testi- 
mony aud there is a statement here. 

Q. Then there is another statement in the report of the board of 
public works? 

The Witness. You refer to the statement, I suppose, giving- the total 
cost of avenues ? 

Mr. Wilson. Yes, sir. 

A. Yes, sir. I did not prepare this statement proper, because the 
anu^unt paid by the old corporation — they were gotten at by some clerks 
who were familiar with the old corporation work — and the amounts 
paid for by the board were prepared at the auditor's ofiice. 

Q. So that you did not make all these statements yourself? — A. Xo, 
sir; I did not make the statement of payments made. That I got from 
these two sources. 

Q. You do not know whether that is correct or not ? — A. I believe 
that they are correct. 

Q. You have sim[)ly the statement of other persons that they are 
correct? — A. Yes, sir; I have to rely upon that. 

Q. You had to take their statements iu making up yours ? — A. Yes, 
sir. 

Q. Then when you say that these statements which you have pre- 
senteil here are correct statements, you make that statement with that 
qualification, do you ? — A. I make that statement with that qualilication, 
of course. 

Q. Xow we have three stat(unents here in regard to the cost of Con- 
necticut avenue, two of wiiich were made by you, and one a[)pears iu 
the rei)ort of the board. Do any of these statements agree with the 
other ? — A. 1 suppose that is very hard to say ; I shonld donbt wliether 
they agree. 

Q. Why do they not agree ? — A. They all three, I think, have a differ- 
ent basis, and of course you could not expect them to agree ; they are 
only appioximate anyhow. 

Q. But the results ougiit to l)e the satne ? — A. No, sir. Ot course iu 
each case the results would be an ai»[)roximution, to say the least, and 
to arrive at the best result would lnHo takr the average, of them. I 
would not say that either of them was absolutely correct. 
152 DOT 



2418 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Yoii would not say that either one of these was absohitely cor' 
rec-t ? — A. No, sir. 

Q. And you do not present them as absolutely correct statements'? — 
A. No, sir; I do not. 

Q. For what i)urpose did you make up these statements? — A. I itu- 
derstaiid they were to be submitted to this committee. 

Q. Were you directed and given instructions that any particular 
result was desired here? — A. No, sir. 

Q. Were they gotten np for the purpose of refuting the testimony of 
Mr, Wright liives? — A. They Avere simply gotten up to correct some 
stateujeuts of Mr. Rives which we thought were incorrect. 

Q. Will you take Mr. Rives's statement and show wherein it is incor- 
rect ! — A. I refer to this statement of my owni. I will have to read it. 

Q. It is not necessary to read that. Is that the only thing that you 
have to show here, or that you desire to show, for the purpose of refut- 
ing tlie statement of Mr. Wright Rives I — A. I have nothing further to 
submit at this time. 

Q. Nothing to submit but that? — A. Nothing. 

Q. What was it that was furnished to you by these other i)arties in 
making up these statements? — A. Well, the statement giving the work 
done by the old corporation is one. 

Q. Who did you get that from ? — A. That was prepared — there were 
several gentlemen working' at it, i)riucipally Mr. Larner, v/ho had charge 
of the old papers. 

Q. Who else? — A. Mr, Winter, a clerk in the assessment oflSce, and 
Mr. Forsyth. 

Q. Who else ? — A. I think Mr. Lyons. I do not know who the other 
gentlemen were who were copying and writing it. The other statement 
was entirely gotten up in the auditor's office. 

Q. But as to these matters you do not know whether they are accu- 
rate or not? — A. No, sir; I have to rely uj)on them. 

Q, You do not wish to be understood as swearing that this is right? — 
A. No, sir. 

Mr. Christy. I was trying to find in your testimony to refer to an 
estimate which you made in regard to pipe laid upon First street, north- 
west, of 830 feet. I do not find it at once ; if you will delay a few 
minutes I will interrogate you upon that. 

Hugh Murray sworn and examined. 

The Witness. I stated to the committee that Mr. Barney testified ou 
oath here that I did not work on New Hampshire avenue between G 
and H streets. I wanted to say that I am prepared to prove that I 
worked there from four to six weeks with a large force, and all the work 
that I have done there he allowed Mr. Vanderburgh -pay for it, and I 
have here the authority under which I acted from the board. I have 
here n^y order to go to work, and my order to stop. I am contractor 
for New Hampshire avenue, and Mr. Vanderburgh, if he did any w'ork 
there, I would like to know under what authority he acted. 1 do not 
say but he did some work there, but I have never seen any authority 
had for doing it there. 

By Mr. Wilson: 

Q. If there is any overpayment, then, it is not to you? — A. No, sir; 
I have done more work than I have been paid for. 

Q. When did you do that work?, — A. I have an order of July 12 or 
13, I think. 



STATEMENT IN RELATION TO SEWERS. 



2419 



Q. Of wliafe yeai? — A. 1873. Last year. 1 was ordered to go to 
work there, and put titty horses and carts to work, and keei> theui on 
continually, whicli I (•oini)hed with. 

Q. ^Vllell did you linisli tiie work.' — A. I have not finished the work 
yet. 

Q. Have you been working on it all the time? — A. I have been 
working until my funds ran out. I had no money to carry it on. 

Q. When did yon do the last work there? — A. I think 1 stopped 
work about Oct«)ber last. 

Q. Did Vandenburgh have any gravel-ex(*avation there? — A. Yes, sir. 

Q. How much ? — A. I do not know, sir; I could not say that. 

Q. Do you think he had us much as 10,()()() yards ? — A. Well, sir, that 
is for the engineers to say ; I could not answer. 

Q. You know what the condition of the street was? — A. Yes, sir. I 
know the condition of the street. 

Q. Was there any such amuuut as that there? — A. O. well, 1 could 
not say that. 

Q. You have a pretty good idea, I guess. — \. It would be rather a 
delicate matter for me to say how much. 

Q. I do not care how delicate it is ; if you know the fact, I want to 
know it. — A. 1 do not know ; I could not say positively. 

Q. Well, how much do you think there was there? 

The Witness. What Vandenburgh did ? 

Q. Yes ; 1 am talking about gravel. — A. I could not say how much 
he took out of New Hampshire avenue. 1 know he got a great portion 
out of Virginia avenue also. He had been hauling ground for some 
time. 

By the Chairman : 

Q. State as nearly as you can. If you come within five thousand 
yards of it, I snp[)ose it will do. — A. Yv^ell, I suppose that he took out 
live or six thousand yards — something in that neighborhood — of gravel. 
But he took some dirt also. But I suppose in order to get at the gravel 
he had to take the dirt. 

[Tiie statement of Mr. Cluss in relation to the old sewers was here 
submitted to the committee, and is as follows :J 



Sewers laid in the city of JFmliiitr/ton prior to June, 1871. 

[Xo record of sewers was kept prior to the above date, and tliis list has been compiled iindor great 
ditiiculty, the engineer beiivg oltlijred to depend a great deal upon property-holders for inforuiatioii. 
many of the sewers being inaccessible.] 

(?) Indicate.s inaccessible, yet shortest length necessary for property, 



Location. 


Length. 




Sti'eet or avenue. 


Between — 


Brick. 


Pipe. 


(5 






Feet. 


Feet. 


Feet. 






30.-. 

155 
(?) .'JOO 
(?) 3.50 

280 

2U 

cm 

(?) 3J0 

(?) •l.'iO 




2. .T 


street nortli 

Uo 


Third west and Fourtli-and-a-half west 
Fotirth-an<l-.a-half west and Sixth west. 






Oo 






Do 






3 




Fourlli oast and Fiftli east 




4 




New .Tcraey aviaiui^ and Second west.. 

Second west and Third we.st 

Kiftli west and Sixth west 




:< 


I »o 






Do 

Do 


...... 


3 


1 ) street soutli 

'■: -Jtrei't north 

Do 


Second east ftnd Tliird cast 


(?).17.-. 

(?) 3(l.'i 


•1 


North Capitol and Second west 


(?) 1, 187 


:::::;::.. 





2420 AFFAIRS IN THjd DISTRICT OF COLUMBIA. 

Sewers laid in the city of Wasliinrjton prior to June, 1871— CoutiuuecL 



Location. 


Length. 


3 


Street or avenue. 


Between — 


Brick. 


Pipe. 


S 






Feet. 

(?) 210 

(?) 120 

(0 475 

400 

200 

250 

(?) 415 

385 


Feet. 


Feet. 
3 


Do 


Fifth west and Sixth west 






Do 






2 


Do 


Twelfth west and Thirteenth west 

Tliirteenth west and Fourteentli west 




3 


Do 




3 






4 


Do 


Tliirteenth west and Fourteenth west - 
Fourteentli west and Fifteenth west.. 
Seventeenth west and Eiulitieuth west 
Eighteenth west and Nineteenth west. 
Nineteenth west and Twenty-tirst west 
Twenty-tirst west and Twenty-second 
west. 






Do - . 




1 5 


Do 


625 
505 

895 
520 


1 5 


Do 




1.5 


Do 




Do 








(?) 225 
250 
370 


6 


Do 


Sixth west and Seventh west 

Twelfth west and Thirteenth west 

Seventeenth we.st and Eighteenth west 

Eighteenth west and Xiueteentli west. 

Nineteenth west and Twentieth west. 

do 






Do 






Do 


522 
410 
100 
307 
150 




Do 




Do 






Do 






Do . . . 


Twentieth west and Twenty-first west 
do 






Do 


332 


2 5 


Do .... 


Twenty-first west and Twenty-second 
west. 


522 






576 
(?) 237 
(?) 290 
(?) 200 
(?) 700 

523 
(?) 420 

509 




Do 








Do 






(?)2 


Do 


Thirteenth west and Fourteenth west. 
Yermout avenue and Connecticut ave. 
Seventeenth west and Eighteenth west 
Eighteenth west and Nineteenth west, 

north side. 
Eighteenth west and Nineteenth west, 

south side. 
Nineteenth west and Twentieth west. 
Twentieth Avest and Twenty-first west 
Twenty-first west and Twenty-second 

we.st. 
Twenty-second west and Twenty-third 

we.st. 






Do 






Do 




o 


Do 




3 


Do 


284 
520 


3. 5 E 99 


Do 




Do 




Do 


595 


3.5 


Do 


300 






463 
(?) 350 
(?) 500 

297 
(?) 200 
(?) 250 

592 
1, 356 

575 




Do 








Do 








Do 


Tenth west and Eleventh west 

Eleventh west and Twelfth west 

Twelfth west and Thirteenth west 

Thirteenth west and Fourteenth west 
Fourteenth west and Sixteenth west.. 
Seventeenth west and Eighteenth we.st 
Eig'hteentli west and Nineteenth west. 




-T 


Do 






Do 






Do 




o 


Do 




3 


Do 


3 


Do 


374 
350 
425 

475 

631 


18 inches. 


Do 


Nineteenth west and Twentietli west 
Twentieth west and Twenty-first 

west, north side. 
Twentieth west .and Twenty-first 

west, south side. 
Twenty-first west and Twenty-second 

west. 
Twenty-second west and Kock Creek. . 




12 inches. 


Do 




18 inches. 


Do '.. 






Do 




18 inches. 


Do 


2,484 

(?) 640 

587 

(?) 300 

P rivate 

sewer. 


4.5 








Do - 


Thirteenth west and Fourteenth west. 
Fourteenth west and Fifteenth west. . . 
Sixteenth west and Seventeenth west 

Twenty-fourth west acd Twenty-fifth 

west. 
Twenty-fifth west and Twenty-sixth 

west. 
Twenty-.sixth west and Eock Creek. . . 




3 


Do . 




3 


Do 






Do 


(?) 555 
390 




Do 




18 inches. 


Do 


(?) 855 

500 

450 

(') 120 

(?) 180 

641 








3 


Do 








Do 


Seventh west and Eighth west 

do 




t> 


Do 




18 inches. 


Do 


Thirteenth west and Fourteenth west- 
Twenty -fourth west and Twenty-fifth 

west. 
New Jersey avenue and Fourth west . 
Fourth west and Fifth west 




2.25 


Do 


930 

(?) 388 
780 


18 inches. 






(?) 12 in. 


Do 




15 inches. 



STATEMENT IN RELATION TO SEWERS. 2421 

Sewers laid hi the city of Washini/lon j'lior to June, 1871. 



Location. 



Lfiiirtl). 



Street or .ivenue. 



M street north . . . 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 

Do 



Between — 



Do. 



Do 

Fir.st .street west , 

Third street we.st 

Fourth .street west 

Fourth .sitrcet east 

Fourth-ari(l-a-lialf street west . 
Do 



Fifth street west 

.Sixth street west 

Do 

Do 

vSeventli street west 

Do 

Do 

Do ;;;; 

"Water stieet 

Eighth street west 

Xinth street west 

Do 

Do ; 

Tenth street we.st 

Eleven! li street west 

Twclftli street west , 

Thirteeiitli street west 

Fourteen! Ii street west ' 

Fifteeiilh s!rfet west I 

Sixteeiiih-and-a-lialf street west; 

Seventeenth .street west ' 

Eighteenth sticet west 

Do 

Do 

Do 

Do ;.■; 

Nineteenth street west 

Do 

Do 

Do 

Do 

Do ; ; ; 

Twentieth street we.st 

Do 

Do 

Do ; ; 

Twentv-flrst street west 

Do 

Do ;;;;; 

Twentv-aecoud street west 

Do ! 

Do I 

Twenty-third street west 

Do 

Twentv t'onrlh street west 

Do 

T went V fiftli street wo.st 

Do I 

Twentv-sixth street west I 

Do 

Twenly-seventh street west 

Xew Ilaniii.shire avenno 

1'enn.svlvania avenue 

Do ' 

Do ■■■ 



Sixth west and Seventh west 

Fourth west and I'ifili west, south side 

Filth west and .Sixtli we.st 

Seventh west and J^i^hth west 

Eijjlith west and Ninlh west 

Xinth west and Teiitli west, north side 

Xiutli west and Tenlh we.st, south side 

Tenth west and Kleven!h west 

I Eleventli west and Twelt'tli west 

I Twelfth west and Thirteenth west 

Thiiteentli west and Fouiteeuth west, 
north side. 
[ Thirteenth west and Foutteenth west, 
1 south side. 
«lo 

B street south and Canal 

\ D street north and F street north 

E north and yi uortli 

North Carolina avenue and C south . 

I C north and Canal 

' C north and Canal and alley, soutli 
j side of E street. 

, G north and M north 

' Canal and G north 

\ G and L north 

L and AI north 

Canal and il street north 

H and L north 

Canal and G south 

G and Water street south 

Se v(ynth and river 

C and E west 

Canal and Pennsylvania avenue 

Pennsylvania avenue and G 

G noit'h and M north 

Canal and E north 

Canal and F north 

Canal and ^lassachusetts avenue 

Canal and 1 nortli 

Canal and X street \ 

Canal and I north ] ' 

H and Penii.sylvania avenu(! 

I and Canal ." ] 

F' and Xew York avenue 

F and G north ""'' 

G and TI nortli .... 

H and Pennsylvania avenue 

il and I street north 

Canal and E north 

E and F north .'.'.' 

F and G north '.'.'.'.". 

G and H noi-th '."."'.''". 

II and Pennsylvania avenue 

Fiiinsylvania avenue and I north 

F and G north 

G we.st and H noith 

II and Pennsylvania avenue 

Penn.sylvania avenue and I north 

F and G north 

G and H north 

Hand I ; 

Gand II north \''W 

II and I nortli '...'.'. 

I and Pennsylvania avenue ..'. 

I and cirele 

land II !'.!'.'.'.!.'.". 

Pennsvlvania avenue and L north 

I and Iv north 

IC and Pennsylvania avenue 

K and I north 

do '.'.'.'.'..v. 

K and L north 

I and K norl h '.'..'.. 

Twentyfourth and eireln 

Twenfy-foiirlh and I, wist 

TwiMity-tourfh and 'rwi-ntv-flrst west 
Twontietli and Xiuetcentli west 



Brick. 



Feet. 

505 
(?) 565 



321) 

(?) U5 

833 

3,540 

(?) 
(?) 985 

(?) 1, oao 

2,730 

2,270 

(?) 2, 130 

(?) 2, 680 

2, "•17 

1,596 

7,100 

(?) 3, 200 

(?) 470 

750 

(?) 635 

(?) 



Pipe. 



4, 235 
1, 930 

4, 320 
3, 320 

5, 450 



350 
3,350 



400 

200 



385 



Ftet. 



(?) 210 

(?) 4.53 

580 

588 
586 
600 
590 
900 



Feet. 

2 
18 inches. 

12 inches. 
15 inches. 
15 inches. 
15 inches. 
12 inches. 
12 inches. 
15 inches. 
3 

18 inches. 

3.5 



270 
210 
400 



420 

2, 910 

740 

220 



320 
390 
350 
2.50 
220 
375 



.330 
475 



460 
300 
3.50 
240 
600 
285 
.530 
.530 
420 
.530 
315 
485 
2,080 



4 

3 

4 

(?) 3 

(?)2 



3. 5 and 5 

6 
3 

3 and 4 

(?)2..S 
18 inches. 

3 
5. 5 &6 

3 

4. 5&8 

5 &: 5, 5 
4 

4 and 3 
4 and 3 
4,3, &2. 5 



15 inches. 

1 
15 inches. 

3 

18 inches. 
18 inches. 
15 inches. 
1 



1 
1 

15 inches. 

18 inches. 

3 
15 inches. 



18 inches. 
15 inches. 
15 inches. 
ISir.ches. 
15 inches. 
15 inches. 
18 inches. 
18 inches. 
18 inches- 
18 inches. 
15iiichct!i. 
18 inches. 
18 inches. 

a 



2422 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Sewers laid in the city of Washington prior to June, 1871 — Continued. 



Location. 


Length. 




Street or avenue. 


Between— 


Brick. 


Pipe. 


s 
5 




Seventeenth find Ei.irbteenth west 

Seventeenth and Sixteenth-and-a-half 
west. 

Fourteenth and Fifteenth west 

Eleventh and Thirteenth west 

Fourth-and-a-half west and Second west 

Sixth and Seventh west 

Fourteenth and Fifteenth west 

Third and Fourth east 


Feet. Feet. 
675 


Feet. 
3 


i)o 


o 


Do 


380 

(?) 

C 540 

\ 380 

340 

(?) 300 

(?) 400 




3 


Do 






Do 




3.5 






o 


Do 










4 









In toto, about 16i miles of biick sewers— appi'oximate cost I<550, OOO 

And 5i miles of pipe sewers — approximate cost 70, 000 

Total - 720,000 

It is impossible to state at a short notice what proportion of this outlay has been paid by the United 
States. 

ADOLF CLUSS, 

Engiiieer. 
May 27, 1874. 



James A. Magruder recalled. 

By Mr. Bass : 
Q. You have fomul the various vouchers to which you referred the 
other day *? — A. Yes, sir. I desire to make a short statement aboufc 
that. I want to state about this paper that Mr. Wilson showed to Dr. 
Blake with my indorsement. It reads, "Mr. Lay, if you have the in- 
spection of this, issue a certificate." It is a bill of flagging which the 
board had bought froul Mr. Evans. There is the receipt for the flag- 
ging, j producing it.] I knew the flagging had been received, I suppose, 
from the way that indorsement is worded. Here is the iuspectoi-'s cer- 
tificate that he has inspected that much flagging, and it exactly cor- 
responds with this bill. It was a mere order to settle the bill if every- 
thing was right, which it seems it was. The inspection is dated on the 
3d of February. The bill is dated on the 7th of February, 

By the Chairman : 

Q. Could he not have done that without that order from you, if he 
had chosen ? — A. Well, no ; I do not think he would have done it. He 
might have done it. 

Q. Why not ? Why would he not have done so ? — A, Because he is 
very careful about these things, unless some member of the board tells 
him to do it. 

Q. Is there any understanding, or arrangement, or order by which he 
is not to do it until the board directs it? — A, There was no reason why 
he should not have issued the certificate without the order; none in the 
world. The insi)ection had been returned to his office as "so much re- 
ceived," and there was no reason why he should not have done it. 

Q. Is the auditor empowered to issue certificates without the order of 
the board ? — A. Yes, sir. For instance, if there is a measurement re- 
turned there from the engineer's office, he has the power to settle it ac 
cording to the engineer's measurements. 

Q. That is to say, the eugineer-in-chief, the auditor, and the treasurer 
can pay bills without the board knowing anything about it"? — A. The 



TESTIMONY OF JAMES A. MAGRUDER. 2 423 

board refers this to the auditor ; tlie onjiiuoor refers his estimates to the 
board; the board refers tliem to the auditor; then lie eau issue the eer- 
tifieates. They come to uie for i)aymeut. 

Q. But is not the aetiou of tlie board necessary, that is, nominally 
necessary, in order to secure the auditor's certificate ' — A. 1 do not un- 
derstand you exactly, sir. 

Q. Does not the auditor require, nominally at least, the action of the 
board before issuing a certificate '? — A. He requires the action of some 
mensber of the board. This had been referred to him by the board, and 
therefore it did uot require anything of the kind. 

Q. How Avas it referred to him by the board ?— A. The probability is 
that this was brought to me with a pressure. I do uot know that fact; 
I am oidy stating the ]irobabilities. The probability is that this was 
brought to me wheri there was a pressure upon the auditor's office, as 
then there very frequently was about that time; frequently there would 
be twenty, thirty, or forty peojde in there. This man wanted to get his 
certificate. I wrote Mr. Lay, •' If you have the ins]tection of this, issue 
a certifrcate." 

Q. Why was that necessary ? — A. Simply to get him in there to get 
Mr. Lay to do it at once. 

By Mr. Merrick : 
Q. To give him precedence ! — A. To give him some precedence, prob- 
ably, over some forty other people; that is why, exactly. 

By Mr. Bass : 

Q. How did the board refer those papers to Mr. Lay ! — A. They or- 
dered tlie clerk to refer them up to the auditor. 

Q. They did not order their payment? — A. Well, no, they did not or- 
der their payment ; but that means a settlement. The papers are re- 
ferred to ^Ir. Lay, and that means that he shall settle it. 

Q. I do not care particularly about those vouchers, but I want to 
know whether or uot the action of the board is not necessary as a 
voucher for the auditor ; that is, as authority lor him to issue these cer- 
tificates ? — A. Yes, sir ; that is, not for every certificate. When a paper 
is referred to the auditor of the board, a measurement, for instance, it 
is not necessary for him then to have another order from the l)oard to 
issue a certificate upon that measurement if he finds it correct. He has 
to go over that and make his calculations, and find what is due the man 
on that estimate. 

Q. Let us run through this process. The engineer certifies his quan- 
tity ? — A. Yes, sir. 

Q. That paper, then, goes to the board ? — A. That paper goes to the 
boar(*. 

Q. Then the board refers it to the auditor for prices ? — A. Refers it 
to the auditor for settlement. 

Q. The auditor fixes the prices? — A. He has the prices; he has the 
board prices. 

Q. It is referred to the auditor for settlement ? — A. Yes, sir. 

Q. Ls that the exact form (d" the reference ' — A. This is the form of 
the reference. 

Q. And that is essential 7 — A. That is. essential. 

Q. As authority to the auditor ? — A. Yes, sir. 

Q. Now. suppose there is no siieh reference, Itut the engineer's eertiti- 
cate, instead of passing through the board, should go direct to the audi- 



2424 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

tors office, could lie fix the prices or malce a settlement ? — A. Yes, sir -, 
lie might do that. 

Q. Uuder your regulations and plan of doing business 1 — A. Yes, sir. 

Q. So that the engineer and auditor and the treasurer can adjust ac- 
connts without any action of the board ? — A. That might be done. 

Q. I see it might be done, but can it be done according to your sys- 
tem ? — A. Yes, sir 5 it could be done according to our system. 

By Mr. STANTON : 

Q. Does not the engineer require authority of the board to make 
measurements? — A. Yes, sir. 

Q. And the auditor has evidence of instructions to the engineer to 
make the measurement ! — A. I don't know whether he has that evidence 
or not. 

By Mr. Wilson : 

Q. Look at that paper you have in your hand, and say whether you 
ever made any order in regard to that ? — A. I do not see any order 
on it. 

Q. What evidence is there that the board ever knew anything about 
that? — A. The fact is the board ordered the flagging, and here is the 
inspector's certificate. Hold on a moment. There is an account made 
out against the board of public works. 

Q. Is there anything at all in the paper that you have in your hand 
indicating that the board ever saw that account? — A. No, sir. 

Q. What is there to prevent you, uuder similar circumstances, putting 
through thousands of others just like it? — A. For material, nothing at 
all. 

Q. Have you got that bundle of vouchers that I called for the other 
day with you "?— A. Yes, sir, I wish to say in looking over these papers 
I found I made a mistake in saying it had no indorsement of the board 
upon it. There is an indorsement by the board upon it, which reads as 
follows: "February 4, 1873. EespectfuUy referred to the auditor; by 
order of the board. Edward Johnson, for assistant secretary." 

Q. How are these orders made — at a formal meeting of the board 
always? — A. No, sir; the vice-president of the board does it. 

Q. Then, when these matters come in here to the office, the vice- 
president refers them, and that reference is entered upon the papers as 
being done by order of the board ? — A. Yes, sir. 

Q. So that virtually the vice-president, for the purposes of the ac- 
count, is the board of public works'? — A. He has authority from the 
board to do it. 

Q. You say, then, that that was done by order of the board ? — A. 
Yes, sir. The board never would, if we sat there to discuss these 
matters, be able to do anything. 

Q. I find, on page 9, report of 1873, this report made by you : 

BoAiiD OF Public Works, District of Columbia, 

JVashhujton, Nuvemher 15, 1873. 
Sir: I herewith send my report of receipts aud payuieuts from July 1, 1871, to No- 
Tember — , 1873, showing — 

Total receipts ^- $14,789,692 85 

Total payments 13, 386, 455 67 

Balance on hand 1, 403, 237 18 

Very respectfully, yours, 

JAMES A. MAGRUDER, 

Treasurer Board of Public Worls. 
Hon. A. R. Shepherd, Governor, tj-c. 



TESTIMONY OF N. G ORDWAY. 2425 

Q. Did you have that on hand at that time? — A. Yes, sir. 
Q. In what? — A. In sewer-certihcates; they are charged on the other 
side there. 

Q. Since yon have [)aid tliem out ? — A. Ye>>, sir. 

By Mr. Bass : 

Q. You ji'ave us the other day the transactions of the checks you 
drew, took up certiticates with. AVill you now exphiin how your ac- 
count is kept with regard to thos(^ checks which you drew for other 
])urposes ? Take first the item of Febrnary 7, 1873 ; you drew a check for 
$u(>,(M)(> on the National Metropolitan Baidv. You may explain that. — A. 
I cannot find any check for that [)articuiar amount, but I find certifi- 
cates of Filbert for $58,000 charged in March. 1 found that check in 
looking over the checks this morning for another one. 

Q. Produce what papers you have in relation to that. — A. I don''t 
know whether I have that with me or not. There is a certificate of that. 
You will iu)tice that that certificate is dated 1872 ; it is charged in my 
March account. 

(,). This check is drawn February 7, 1873, for 850,000?— A. Yes, sir. 

Q. ^Vhere is that entered in your account ? — A. Under date of ^larch 
20, 1873. '' E. S. Filbert, for Massachusetts avenue, between New Jersey 
avenue and Fourteenth street, northwest, $58,079.78." 

Q. Now, what makes you think that check and this certificate which 
you ])roduce here (auditor's certificate) is the certificate corresponding 
to this entry of March 20, 1873 ? — A. Simply because I find the next one 
of a large amount due him. It does not correspond in amount, but 1 could 
give him that check for the funds I had in the bank. 

Q. How do you know you did ? — A. There it is ; there is tlie check. 
I showed it to you this morning. 

Q. "\A on't you have the kindness to produce it here in this connec- 
tion ? 

[VV^itness having left the stand to get the check called for, Mr. N. G. 
Ordwav was recalled.] 

By the Chairivian : 
Q. "We have had some testimony here in relation to a mortgage you 
had upon the Chronicle oflBce at one time; I believe you desire to make 
some explanation ? — A. I notice by the newspapers what I thought was 
rather an imperfec; statement of the case. The facts were these : Mr. 
John ]M. Morris purchased the Chronicle office of John W. Forney, and 
gave deed of trust to secure the i»ayment of several notes. These came 
due, and Mr. IMorris was unable to meet them, and urged a friend and 
myself to carry one or two along for him for a short time. I took one of 
them at first, and afterward took another. Mr. Morris still not being 
strong enough financially to take these up, Mr. Forney thought after 
a wiiile that he must liave the money. I carried these notes for a year, or 
possii)ly neaily two years, at per cent, interest, as an accomnu)datiou 
to Mr. .Morris. When ]\Ir. Harlan came into the concern I felt that it 
was strong enough to i)ay me, and insisted that these should be taken 
ui). .^Ir. JIarlan took thtni up with a check or the money ; f think a 
check, tiirough either Jiiy Cooke «.\: Co. or Henry I>. Cooke. .My con- 
nection with the loan, which was first about three Ihousand dollars, and 
which afterward amounted to eight or nine thousand dollars, the whole 
of ir was simply that of a man who did an act simply to accommodate 
a friend. Mr. Morris was then lixing a neighbor t() me, on Ca[>itol Hill. 
I carried these notes at (5 i)er cent, simply as a favor until he could get 



2426 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

somebody to relieve him of these obligations. I bad no control in the 
paper, but did this as I have sugo^ested, I wish to make this statement 
in jnstice to myself, because it did not seem to me in the testimony given 
by Mr. Harlan that the matter was clearly understood. In reference to 
the indorsements on the notes— they were made, I think, to John W. 
Forney, At any rate, the trustee, whoever he was, could have enforced 
payment, no matter in whose hands thej- were. Therefore, there was 
no indorsement necessary, and the notes simply came into my hands in 
that way, without any indorsement, and passed out without any indorse- 
meut, I simply receiving the face of the notes and the accrued interest 
at 6 per cent. My impression is now that I received the check ; that Mr. 
Harlan brought me a check of either Henry D. Cooke on some bank, or 
of Jay Cooke & Co. 

By Mr. Wilson: 

Q. You are connected in some way with the Washington Market- 
House Company? — A. 1 am a director, and have had charge of it as 
managing director since the first work was commenced ; since the 
second company — not the first company that got the charter through — 
but since the second company took it up, subscribed the stock and 
commenced to build. 

Q. The rents that you pay, or whatever you may call it, belonged to the 
poor-fund of this District ! — A. There was provision in the charter that 
w€ were to pay $25,000 a year to the District authorities to be given for 
the support of the poor; to be appropriated by them. We paid $25,000 
a year up to the time the District legislature relieved us by an act and 
left it at $20,000, then we paid $20,000 yearly after that, up to the time 
of a more recent change, when we gave up some of the land. 

Q. Did you pay on account of this rent into the District government 
any part of this rent at the time of this transaction between you and 
Mr. Harlan ? — A. 1 have looked over my accounts and I find that 
some time in July, within a few days of that time, that I nmde one or 
two payments — that is, I think they were made directly from my office, 
through a clerk, to Governor Cooke; they have all been made to the gov- 
ernor ot the District. Every payment has been made directly to him 
and his receipt taken for the amount. 

Q.^ Did you go to Mr. Harlan to carry to Governor Cooke a check on 
account of this market-house fund, equal to the amount that was due 
you upon this mortgage'? — A. I do not thiidc that I gave Mr. Harlan 
the check. I think the clerk paid him, about that time, about the same 
amount of money from Governor Cooke. The clerk paid it, I think. 

Q. What, if anything, do you know in regard to Mr. Harlan having 
made an arrangement with Governor Cooke that if you paid in an amount 
equal to your note that Governor Cooke would let Harlan have that money 
in order to lift your mortgage"? — A. I was pressing Mr. Harlan for this 
money, or the Chronicle Company, and stated to him that 1 had already 
carried out of my own funds bills for the construction of the Market- 
House Company until I was overloaded, and needed money and must 
have this; and Mr. Harlan r.iade the remark, I think, that Governor 
Cooke told him that we owed the District some money — the Market Com- 
pany — and I said w^e did. That is, there would be some due on it at the 
end of the year, and we would be very willing to pay it; 1 would, so far 
as I was concerned.^ if I thought that it would facilitate in any way the 
settlement of these matters, although the money might not be strictly 
due. Some conversation of that kind occurred. Harlan spoke of the 
matter once or twice, but after the transaction was through. Governor 



TESTIMONY OF N. G. ORDVVAY. 2427 

Cooko toolc oeciusion, at my lionst^ nj) in Now ITainpsliire, to say that 
altli()ii<;li sn«!h talk was had, that he fnniishod money in another way. 
I am not certain as to the transaction further than I ha\'e stated. 

Q. Will your books show jnst what amount ot money yon i)aid on 
account of this same market at that time and the date of its payment ? — 
A. I think the press-book would. The clerk receives money and pays 
it out. 

Q. Will your books always show the time you received from Harlan 
these payments of your notes? — A. 1 don't think I have the exact date 
of the receipt of the money. It was money that was my private funds, 
and 1 am not certain that I credited it anywhere, as it was in notes. 

Q. Will your books show whetlier the amount you paid on account 
of the market-house fund C(nTesiK)nds exactly with the amount that you 
received from ]\Ir. Harlan on account of this mortgage or trust-deed? — 
A. I presume that I might find a memorandum. I do not now know the 
exa(;t amount, but the payments to the governor would be upon the 
clerk's books Wliether I have a mehiorandum showing the exact 
amount of the notes in interest I am not positive. I have not looked 
to see, but I will do so. 

On July 29, 1872, the clerk at the market office issued a (;heck on the 
Bank of the Republic, payable to the order of Henry D. Cooke, gov- 
ernor, for 88,971.41. About that time that amount, either in check or 
in money, was paid to me by Mr. Harlan, which he said he received 
from Governor Cooke, and got the deed of trust and notes to take to 
him, as I sui)i)osed. Mr. Harlan took them himself from me. I thought 
I had a memorandum of the exact date ; but I do not find the date. 
The amounts are the same, bur I do not recollect the dates. 

By Mr. Hubbell : 

Q. W^as this amount the exact amount that was due on your notes ? — 
A. Yes, sir; it was just the amount. 

Q. In other words, your clerk paid a certain amount which you iiave 
given, and about that time Mr. Harlan came and ])aid the balance due 
on this note, including interest ? — x\. Yes, sir. It came up in this way : 
Mr. Hrirlan remarked to me, when I was pressing him, tliat Governor 
Cooke said we owetl him money on account of the market. We owed 
the District and he had claims, he said, against the District. 

By Mr. Wilson : 

Q. Did Mr. Harlan receive the check from the clerk of the Market- 
House Company ? — A. I think not, sir. 1 thought at first that he did. 
When I was first inquired' of I thought so, but ui)on retlection I think I 
am (juite sure that I never [)aid in any way except to send to the office 
of Governor Cooke by the clerk. 

Q. Did Mr. Harlan bring you a check on Jay Cooke & Co.? — A. He 
neither brought the check nor the money himself, and took the notes 
himself. I (lid not see Governor Cooke in the transaction, that I remem- 
ber. 

J5y .Mr. STEWART : 
Q. When you saw Governor Cooke afterward, what did he tell you 
about it ! — A. He told me at my house, I should think a month after- 
ward. He was up in New Hampshire, and lie called to see me, and he 
said, " By the way, that transaction, which there was sonu> tallc al)out 
arranging, about the market, was nor carried out. I arranged that out of 
Jay Cooke & Co.'s money," or something of that kind. 1 should say it 
was a month afterward. I simply wished to state it because I remem- 
ber the circumstance of his mentioning it to me. 



2428 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

James A. Magruder recalled. 
By Mr. Bass : 

Question. The check which you produce here, bearing date February 
7, 1873, payable to the order of L. S. Filbert, for $50,000 in bonds, is 
the check, if I understand you. which was taken from the stub presented 
here? — Answer. Yes, sir; I showed you the stub. 

Q. Now you produce this certificate, bearing date December 14, 1872, 
for .$58,079.78? — A. Yes, sir; charged in my account 

Q. March 20; and I understand you to say that you think that this 
clieck went to pay that certificate I — A. I think it did. 

Q. Why is this statement '"in bonds" in this check! — A. Because I 
had the bonds in the bank. 

Q. So many of the bonds were to be paid out ! — A. Yes, sir. The 
bonds were turned over to us by the sinking-fund commission. 

Q. Have you any recollection that that $50,000 is not a part of that 
$58,000 item "?— A. No, sir. 

Q. So that it may not be a part of that item ? — A. That may or may 
not be. I find that a large sum was paid out about that time. 

Q. And this, you think, would lit a little better in here than in any 
other place. How is it about your $05,000 check ? — A. Those were paid 
upon a variety of checks, and paid by the Freedraan's Bank. I cannot 
tell you anytliiug about this. I thinly; certificates were charged here. 

Q. But you have been unable, as I understand you, since your former 
examination, to find the vouchers for that $65,000 check ? — A. It is not 
one voucher ; it is probably twenty-five or more. 

Q, lasked you to produce the vouchers. Have yoa looked for them"^ — 
A. No, sir ; it is perfectly useless. It is barely possible they may have 
an account for it. 

Q. You find, then, it is difficult to produce them without a more 
thorough examination than you have been ablie to give it — the voucher 
corresponding with that $65,000 check of the Freedman's Bank ? — A. I 
cannot specify exactly what the vouchers were, but the vouchers are 
charged in that account of the expenditures. They are charged some- 
where there. 

Q. We want to know where. — A. I cannot tell what they are. You 
certainly find checlcs for all those vouchers. 

Q. We want to see the items if we could. So that since your former 
examination you are unable here, then, to-day to produce vouchers that 
you are able to swear are the vouchers for the $50,000 or $65,000 
check I— A. Yes, sir ; utterly impossible — the identical vouchers. 

Q. So that it is not at all surprising that outsiders are unable to 

find A. An outsider would know very well it is charged there, 

whether he got the money or not. If he came and said he didn't get 
it, I would show his voucher for it. 

Q. How does Mr. L. S. Filbert, when he reads your account, know 
that there is entered in his account that $50,000 check when you your- 
self cannot identify it as being the one? — A. W^hy would he want to 
know ? 

Q. You have made the statement here repeatedly that your own ac- 
count was so kept that any person being disposed to ascertain its accu- 
racy could ascertain by simply looking at it ? — A. I stated this : You 
take any of these things, " T. Joyce, for whole square, $221, 219." 
Well, T. Joyce says he didn't receive that money. I go right to the 
office and I get the certificate that has a receipt on the back of it, j^how- 
ing that I have paid it. I take another one, " Gray & Noyes," &c. If a 



TESTIMONY OF JAME.S A. MAGRUDER. 2429 

man sajs I didn't pay him that check, and I show the checlc witli his 
indoisenient on it, it is evidence 1 did pay it. 

Q. Xow, tlieu, snp])ose Mr. Filbert were a little cnrions to ascertain 
when you had entered and where you had entered that >?.'»<>,00()that you 
l)rodnced the voucher for, how could he ascertain, by this account, that 
it had ever been entered in your acconnt ? — A. He sees it charged there, 
a 08,000. 

Q. You yourself swear you cannot tell that is a part of it? — A. Why 
would he want to know ! 

Q. 1 don't know 5 but he might be a little, curious, perhaps, and want 
to prepare a memorial to find out. — A. I have my check, payable to L. 
S. Filbert, or order, for $50,000. It is shown that it has been paid, be- 
cause it has his indorsement. 

Q. The reason you didn't enter it was because you rather thought Fil- 
bert would not want to know i — A. No, sir. I didn't enter it because 
there was no necessity for it. There are the charges of the account for 
the money I have received; and that is the same explanation in regard 
to the F^'reedman's Bank. 

Q. Didn't you suppose they would ever want to know how your ac- 
count was kept, and to see the entry of $55,000, given them on a given 
day ? — A. No, sir; I didn't -suppose anything of the kind. I didn't sup- 
pose it was any business of theirs how my account is kept if tliey got 
their moijey. 

Q. Is that the sort of theory that you had as the treasurer of a board 
that disburses 81^,000,000 or ai5,000',000— that nobody was interested in 
the veracity of your accounts but yourself ? — A. No, sir; because there 
is an exhibit of my accounts. Anybody can come and verify them at 
aTiy time. You can come and pi(;k out one hundred items, and 1 will 
bring you certificates for them. 

Q. Very well, we have asked you 

The Witness. You have asked me for checks, and I stated just now 
you come into my 

Q. You produce vouchers, and i ask you if you can indi(>ate in your 
account where you had entered either the 850,000, or the 805,000 check, 
they being merely sanjples in your account, and you even yet are unable 
to say with certainty, to indicate where those items are entered in your 
account. — A. 1 am vsimply unable to indicate or furnish the certificates 
paid with that check, but the certificates are charged there. 

Q, Now, then, that 8100,000 that were withdrawn out of the bank by 
you upon the checks on the 12th and 15th day of July, LSTo, were not 
entered in yonr acconnt until the 21st day of August, 1S73, were they? 
— A. No, sir. 

Q. Atul then we find ui)on the check-stubs, in a different ink from 
that which indicates the i)ayee of the (;heck, the certificates that were 
subse(jiu'iitly t;iken up by the bo;ird of public works, or rather by you 
as the treasurer of the board. — A. Yes, sir. 

Q. And you say that the entry of the numbers of the certificates was 
entered at a snbse(pient <late; therefore, is not the inlerence one which 
an outsider would miturally draw, that that numey may have liiid in your 
hands betweiMi twelve and firt<'(Mi days of July and the 21sr dny of Au- 
gust an<l liavi? been manipulated by you in buying certificates, and when 
certificates were in fact obtained, have been entered up at tlieii- face ou 
this acc(f<int ! Is there anything in this state of facts inconsistent, ex- 
cepting, of (.'oiirse, your own integrity, with that state ot facts? — A. 
Yes, sir ; the check is jtayable to an order. 

Q. It may or nniy not be. — A. Jt is payable to an order. All the 



2430 AFFAIES IN THE DISTRICT OF COLUMBIA. 

cliecks tliat I speak of — every one of these four checks — is payable to 
order. 

Q. Of Mr. Baker?— A. Yes, sir; and Mr. McKeldeu. 

Q. Payable to George F. Baker, cashier ? — A, Yes, sir. 

Q. Why didn't yon enter the number of the certificates when you 
drew the check ? — A. I don't know but I did. 

Q. How happens it you entered it in a different ink ! — A. I don't 
know that it is a different ink. 

Q. That is very apparent. — A. No, sir ; very often your pen will show 
a different mark. I don't think that it is apparent at all, that those 
numbers are not entered in the same ink. And I want to say this, that 
if I had gone out and bought these certificates, I would have entered 
the numbers in the check-books. 

Q. There was nothing inconsistent with this — nothing to prevent the 
party to whose order the check was drawn buying the certificate for 
you. — A. Well, you can examine Mr. Baker. 

Q. I know ; but I am speaking of the system of the book-keeper, 
without any design of being misconstrued in any way whatever. It is 
simply in reference to the method in which this large amount of money 
was disbursed by the board. Ordinarily, so far as my experience goes, 
governments, in disbursing moneys, pass a check through at least two 
hands, in order that there may be two sets of books — the comptroller 
and treasurer, each having a check on the other. — A. That has not 
been our plan. 

Q. I understand you are the sole custodian of the money, and that 
you draw checks as absolutely and unqualifiedly as though it were your 
own bank and nobody was interested in it ? — A. Yes, sir. 

Q. And disburse the money to me or any other person without any 
question by any member of the board "? — A. That is so, exactly. 

By Mr. Wilson : 

Q. Have you that little memorandum in writing I gave you on yes- 
terday or the day before ?— A. I think I have. [Witness produces it.] 

Q. 1 asked you to bring me the vouchers upon which you paid $3,000 
to C. E. Evans, as appears upon your report of 1873, on page 1GI>. — A. 
I gave it to you. 

Q. Is that the voucher upon which you paid that money, $8,000, for 
work as follows ! — A. I will tell you in a moment — yes, sir. 

Q. What is that ? — A. The auditor's certificates. 

Q. And this is what the auditor issued his certificates upon ? — A. 
That is what the auditor issued the certificate upon. 

Q. Now I will read it: [Mr. Wilson then read.] That is the kind of 
papers on which you paid out the thousand dollars? — A. I did not on 
that, but on this 

Q. That is the kind of paper on which the auditor issued that cer- 
tificate f — A. I suppose so. In the first place, the auditor had the 
measurement in his office for this work and he took his re(;eipt for that 
certificate, and he charged his account and charged those streets for 
that much money. 

Q. I called on you to furnish the voucher on which you paid $5,000 
to Jones & Collins, page 125 of that report. This is the voucher on 
which you paid it. 

The Witness. There is the voucher I paid it on. [Witness producing 
one.] 

Q. That is the voucher on which the auditor issued the certificate — 
the one read f — A. Y^es, sir. 



TESTDIONY OF JAMES A. MAGKrDER. 2431 

Q. This order from Jones eS: Collins, Maryland Freestone and .Alining- 
Coinpany, for s-"),!)!)!). It was paid on that order to Jones & Collins on 
the work they had done. Will yon please to tell ine what the board of 
public works had to d(» with that .' — A. With what ? 

Q. With Jones tS: Collins. What did the board of public works have 
to do Aviih that paper? — A. Flere is an order on the board of public 
works of Jones & Collins. 

Q. That is it; I could <iive an order for $L' 0,000.— A. If you could we 
would 

(»>. We are trying' to get at your mode of doing business. I am not ask- 
in,g whether you didn't pay money. — A. I kiu)w that, but Mr. Wilson 

Q. Hold oji a minute. I asked you to furnish the voucher upon whujh 
that was j^aid. You pioduce then the auditor's certificate. Now, then, 
you say that it is upon that certificate and upon that paper that the 
auditor issued that certificate? — A. I say so. 

Q. What authority had the auditor to issue that certificate? — A. 
When this was received it was referred to the auditor. 

Q. Where is there any reference to the auditor ? Look at it, and see 
if it is referred to the auditor. — A. There is nothing on this referring 
to it. Ele may have got a letter of that kind. Jones & Collins were 
doing work. They were recei\ iug material from these people, and these 
people demanded some sort of payment. Jones & ('ollins gave them 
an ovdei- on the board for s5,000 which the board owed Jones & Collins. 
TInit order was tiled until their account could be settled; or, if it was 
settled, audited at once. Then the board pays on the order. 

Q. You say the board ? — A. Y'es, sir, 1 say the board. 

Q. Are you the board ? — A. No, sir. 

Q. Is Mr. Lay the board ? — A. No, sir, Mr. Lay does not do these 
things without being ordered. 

(}. Let us understand thisaccording to this statement ;now this Messrs. 
Jones & Collins, or somebo<ly else, liaving an order from Jones & Collins, 
walks into your auditors office, and the auditor issues a certificate on 
that order or on that account i — A. Yes, sir. 

(^. And that certificate is carried to you, and you pay the money ? — 
A. This is i)ossible, and only ]>ossible, that if this did not go through 
the board, Mr. Willard had the accounts regularly referred to him 
of -lones & Collins for so much work done. Jones & Collins had a credit 
on his books for that much work, and goes in with an order for >So,000, 
and he gives it to Kidwell, instead of giving it to Jones & Collins, It:' 
Jones «S: Collins had gone in there he would have given it to them. 

Q. That is just Avhat I am getting- at. Tliat a party goes in there and 
without any check upon him whatever, Mr. Lay issues this certificate ? — 
A. He has got the check of this. The accounts have been referred to 
him. 

(}. How do you know that in that case? — A. Because he never does 
anything 

(}. How do you know.' — A. I cainiot remember every little transac- 
ti(ui that goes on, and nobody else. 

(^>. Do not you .see that here is 85,000 paid out ui)on a sim[)le order 
without any iiMlorsement upon it whatever indicating that it ever was in 
the board of jinblic works at all, or was ever nuide a part of the papers 
of the board of i)ublic works ; is not that .so ? — A. That may be so. 

Q. Let us .see if there are any more like it. I just took this out of 
your report; now just look at that as a voucher on which a public ofli- 
cer pays out money. — A. Y'es, sir. 1). R. Smith, just so much money. 
He gave the order for it. AVe owed him more, probably. 



243'2 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. I told you to bring the vouchers upon which a certificate of $12,000 
was paid to' Mr. Laughlin'^ — A. Yes, sir; I have got it here. 

Q. That appears on page 109 ot your report. You have got the aud- 
itor's certillcate you paid °? — A. Yes, sir. 

Q. What is the date of your auditor's certificate! — A. I will tell you 
in a minute — M. G. Langhlin, September 26, 1873. 

Q. Did you pay that on that date ? — A. I do not kuow. 

Q„ Is there any way of telling when you did pay it! — A. Yes, sir. 

Q. You have paid it, have you! — A. Yes, sir; canceled by the board 
of public works. 

Q. Is there any way of telling when that was canceled ! — A. No, sir. 

Q, Won't your bopks show when it was canceled ! — A. ]Sro, sir. 

Q. Nothing in the books of the board of public works to show when 
any certificate was canceled! — A. No, sir; there is the man's receipt 
on it. 

Q. Let us see the date of the receipt. — A. There is not any date on 
the receipt. 

Q. You do not date the receipts! — A. No, sir. 

Q. See if that is in the voucher on which that $12,000 certificate was 
issued! — A. The work — as per schedule. 

Q. Is that the one ! — A. Yes, sir. 

Q. Now this is au account made out on the 2Cth of September, 1873, 
and on tliat same day Mr. Lay issues that certificate for $12,000! — A. 
Yes, sir. 

Q. Ami this is the only authority he had ibr issuing it, is it not ! — A. 
That is the only authority he had for issuing it ; issued the man's ac- 
counts showing that much money. 

Q. What is the reason he could not have issued a million in that 
way ! — A. He could have issued as many as he pleased. 

Q. Is there any way of preventing his issuing a million of them ! — A. 
No, sir. 

Q. Is there any mode by which this committee can tell how many of 
those certificates have been issued ! — A. Yes, sir. He has got stubs 
of every certificate issued. 

Q. He may have, or he may not. How do you kuow he has! — A. 
If you cannot trust anybody you might get a combination of rogues. 

Q, You are a member of the board of public works, and, as a matter 
of course, the people of this city have been ititrustiug, or somebody has 
been intrusting, you with the management of these very great interests, 
and is there anything to tell now, excepting just simply what Mr. \yil- 
lard has upon his books, as to the amount of certificates of this kind 
that have been issued ! — A. No, sir. 

Q, Nothing at all !— A. No, sir. 

Q. The whole thing rests upon the integrity of Mr. Willard ! — A. 
The integrity of the officers in his office. 

Q. Just rests upon that office !— A. Yes, sir, 

Q. And no check upon him !— A. No, sir ; except the order that he 
has received as to how he shall do these things. 

Q. Wliat order has he got for that ! — A. He has got to account against 
that party for .the work done. 

Q. Is there any account anywhere else as a check on it ! — A. No, sir. 

Q. Each of these of the same character ''. — A. I think not. 

Q. Excepting this one — the Colton matter— are they all of a similar 
character, except that! — A. Let me look at them, and I will tell you. 
Here are Page & Fletcher's vouchers — whole correspondence. 

Q. Are there any of these items that J have called attention to on this 



TESTIMONY OF JAME.S A. MACiRUDEK. 2433 

slip of paper which I hauded to you, with reforeuce to which you are 
unable to produce the voucher upou which the mouey was paid ? — A. 
None but that last one. 

Q. AVhat is that .'—A. The governor's. 

Q. What is that for ? — A. For auditor's certificates. 

Q. Where are they ? — A. They are charged in that. I do not recollect 
what ])articular ones there were. 

(^ Can you timl anything to correspond with that check ? — A. I did 
not look. 

Q. Why not .' — A. Because I cannot tell anything about it at all. 

Q. ^^'hy not .* — A. 1 would have to go over this whole account to 
take up and make a combination of that amount of money. 

Q. How long would it take to go through ? — A. I could do it i>rob- 
ably in a week, sitting down and taking each one to make a combina- 
tion of that amount of money. 

Q. There are two of those items. There is another one for $10,000. — 
A. Yes, sir; the same thing. He had $27,000 in certificates. I gave 
him $7,000 in mouey, and accepted his draft for the balauce, and paid 
them afterward, and that second check to take up one of these drafts. 
The first was for seven thousand and odd hundred dollars over the 
$20,000. He has held these certificates fi'om last winter, and was very 
cross about them. He said that he had got them, and paid pretty 
nearly value for them, and said that he ought to have his mouey out of 
our ]\rarch appropriation. He did not get it. The July appropriation 
came, and I gave him $7,000, and the balance I did not give him. 

Q. But there is no mode by which you can tell ? — A. What particular 
certificates were paid him — no, sir. He may have i)ossibly a memoran- 
dum of the certificates he has, but I have not ; I could uot see any 
necessity of putting a check. I drew exactly what certificates I p'lid 
them with. 

Q. I would be glad if you would turn to your book account and tell 
us how much money you had on hand at the time you used that $75,000 
that was appropriated by Congress for the City Hall. — A. I don't know 
that we had any. 

Q. Don't you know that you did not have any .' — A. No, sir ; I don't. 

Q. What is vour best impression about that .' — A. I don't think we 
had. 

Q. About how much do you suppose you had ? — A. I really cannot 
tell you. 

Q. Did you have an overdrawn bank account at that time ? — A. That 
I cannot tell. 

Q. Have you any recollection at all as to the state of your finances ? — 
A. I think very probably we may have had an overdrawn bank-account. 

Q. Didn't you use a part of this $75,000 for that ])urpose ? — A. That 
mouey lay in bank for over a month, certainly, and you can see there 
exactly when it was transferred. You have got my bank-books. When 
the board of public works held meetings aud authorized me to invest 
them 

Q. Who were present at that meeting of the board .' — A. I think all 
were ))resent. 

i). I would' like to see the recoid of the board on that subject, just 
while I think about it. — A. .\iid further, that package is in tlie bank, 
and my impicssion is, every member <>l the board has his aut()grai)h 
signed on the back of that ])ackage ; what it is, and what it is for. 

(^ What did you do with that $75,000 ?— A. I don't know; 1 paid it 
out. 

153 D c T 



2434 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Q. Do you recollect to wboni you paid it ? — A. IS^o, sir ; I dou't. 

Q. Don't you remember any specitic jiaymeut °? — A. I deposited it 
rigbt iu bank to my other account ; that account was kept separate. 

Q. Up to that time you had kept that money by itself? — A. Yes, sir. 

Q. When you made this deposit on these sewer-bonds, I believe it 
was then you took that $70,000, and you put it in your general ac- 
count ! — A. Yes, sir. 

Q. In what bank "? — A. Metropolitan National Bank. 

Q. How much did you owe that bank at that time t — A. That I can- 
not tell you. 

Q. Don't you know your bank-account was overdrawn at that time '? — 
A. I do not ; my impression is it was. I don't know. 

Q. Upward of $20,000, was it not ? — A. No, sir ; I don't think it was. 
It might have been. It very frequently was. 

Q. Don't you recollect it was just somewhere about $23,000? — A. No, 
sir ; I don't. 

Q. Who were the directors in that bank ! — A. J. W. Thompson, W. 
G. Metzerott, A. E. Shepherd, and John Hitz. 

Q. Do you think Mr. Metzerott could tell us something about that ? — 
A. I don't know. 

Q. AVlio would be most likely to know how that transaction was ? — 
A. 1 do not know that anybody can tell you anything about it except 
the board — just what I have stated. They can tell you at the bank 
whether the account was overdrawn or not. 

Q. Don't you think you ought to be able to tell us that now ? — A. Not 
now. 

Q. Why not? — A. Do you recollect all the transactions? 

Q. Not a bit of it, and would not tr}- it ; I would keep books. — A. My 
impression is the account was overdrawn, but I cannot tell how much ; 
probably $20,000 or $25,000. 

Q. Is it not the fact that there was disturbance created in regard to the 
condition of your bank-account, and had not the Comptroller of the 
Currency been sending out a l)ank-examiner to look into the affairs of 
this bank, or was not the bank anticipating he would be there to look 
after this thing, and this arrangement was made and this money was 
used for the purpose of getting your bank-account straight? — A. No, 
sir ; not that I know anything about. So far from that, you have 
brought certain things to my recollection. Our bank-account was over- 
drawn when he was there. I said to Mr. Kelly I had there in the bank 
then quite a number of bonds amounting to $100,000, 

Q. What kind of bonds? — A. District bonds. I said to Mr. Kelly, 
^'You can take these and hold them as collateral until your account is 
made good. They are in your bank. You can take those in and show 
them to Colonel Moore. Let him count them if he wants to, and show 
him you have got ample collateral for our overdraft." Metzerott was 
making a fuss since that about the overdraft, and I settled it. 

Q. How did you settle it ? — A. By j)aying a part of it and giving our 
note for the balance. 

Q. What did you pay it in ? — A. Part of it in money. 

Q. Did you use anything else in doing that? — A. No, sir. 

Q. Did that money come out of your $75,000? — A. No, Sir. 

Q. This is the fact, I suppose, beyond all peradventure, that you 
used that City Hall money for your general purposes? — A. Seventy 
thousand dollars; yes, sir. Five thousand dollars we didn't. There is 
no question about that. We would not have changed it. 



TESTIMOXV OF WRIGHT RIVKS. 2435 

By Mr. Bass: 

9' "V, ^ ""'^^'''**^'*"^^ it, your account as treasurer has never been 
audited —A. No, sir. Frequently .Mr. Lay has gone over and eliecked 

Q. But there has been no re-uhir auditin;^ of the account by the 
uoara ; — A. Ao, sir. 

By the Chairman : 

Q. There has never been any settlement between you and the auditor 
to see how your account compares with his .^— A. Yes, sir: we have 
done that. Compare<l my account with his, and we aoreed 

Q. How did you do that ?— A. By takino- all the certiticates I had— 
all my certificates. 

Q. Taking- your vouchers and liis vouchers ?— A. Yes, sir. He has 
got a bst of his certificates, from No. 1 up. I have taken my certifi- 
cates as tar as they are paid, and compared them with his books, and 
Checked them ott, and whenever there was a certificate number inter- 
vening, I would let that stand. He has got a list of all the certiticates. 

Weight Kives recalled. * 

Question. I understand that you have revised vour statements or 
looked ov.-r them again, and also over the statements of ^h' Oertly ^— 
Answer. I have looked over Mr. Oertly's statements. 

Q. Have you anything that you wish to put in in reference to it '— \ 
les. ■ 

Q. Have you the statement in writing .'—A. Yes, sir; it is as follows: 
In the testimony of Mr. Oertly's, presented by Mr. Mattinsly on Saturday he re- 
views my former statements, and says that the total amount to ire charged to the liiited 
States tor .New \ork avenue, from Xinth to Fifteenth streets, is now ,^T»l>,0Oi.3r> Now 
I respecttully refer the committee to Mr. Oertly's testlmouv, on page 167o, where he 
there states that the amount due by the United States for its proportion of the Lanie 

WorkhV- tl 1 . i"' *''■" •'*^f«"!"^'>tf ^" ^''^^^ ^''- 1"' l^-^P"it Board of P.iblic 
i ^17 01 h'- ' *\V^''^tal ''"'"""> 'V*'" ''■'■ ^^''' ^'"t'-^l '"^t^t*^^ 1«^- it« POi-t*"" on the avenue 
to Con ; ss ir'^^f "'"'." *^' "f '^'''' '''''' l"^^'^"^'''! t« tlu' President to forward 
Inenf ° I Jri /,'• '"^o^'^f '«»' «"'l Purports to contain a true and accurate state- 
ment. It was this report that was presente<l to the tax-pavers for their infor 

■I'^l'Z ^'''^\ r^"'*^''?'^ ^'^"^'^ *^^^t^« ^""^-^^ of pub,icwo\l^slave for t le "^^^^^ 

^nd wide vdlH- ".;%'"f"" T ^"'^ l^^^^^t^d to th'is committee three (3) diftS? 

and «ideh-diH,.rent statements as to the amount charged to the United Sates and 

e^e ;t;"r', r"'"' V,"" '■••"H^«l''-l to believe that other batches of figure wo'dd be 

piesented as often as tlieirs were proved wrong. Now, let us examine his fOertlv's\ 

Si:?;'7Se '^f ^ -nount,m028.35, wJ-add thJamount paid by thl p^o StJ^ 

!.( Uttrs, (Idble 1^ li. P. W., 1872,) .s33,60y.87, we have $]:!->.(398.77 as the amount 

rom this'ded;r;;'T.''"'\' 'rf «*■ public works for the cost of the avenue Now 

mm' •'•"^/.the cost of the avenue, sI13.-23,s.,^4, and wehave .sl9,45«>.l»3 as the 

am. unt collec ed in money beyond the cost of the street. The total cost of tiie stivet 

0,.r iv'' ■;'/''" ';"''''■ 'V '•?'^^-^l'^'l-^-'''^'''ltI.isisthesamean,mnt^st te IbvVh^^ 

a ^m. i ; Mo'^'Vr' '"' H ^"V"^ M».- amount ..barged to ..ther sticts and railiJ=;d ] 

rm ! J f ■^'^- '•'••;" *' and this leaves sll3.238.84 as th... amount to be char-od to the 

U I ; S r "n ^'T'^ r' M^'- ^T\' ('■""' ^''*'^ ^^'^^••'"•^ ^b.- am.,nnt to be pa. I 1^- 

8 4 il 4M ; '■'■ •T'"''"',"" ^" ^^'- * '"'"•^ '"^ ''^"' statement, viz, 831.,02s.3.^ and i leaves 

t.w :, ; . ■ . , '" ''""""•■"' "• P>"l"-'<.v-l'«>l.l.-.rs. Now, d.duct this amount froni the 

amount pa., by pnvat.- i..op..rty-h..ld.is, 833,r,.il..s7, an.I ,f leaves 81!),3-.l».:'^ and this 

nn.resent, the a.jiount .oHecte.l in m -y b.v 1 tl ,■ ....st of the st.-eet f..' his inV.st 

be ad.l..,l rl... amount charg..! to g.-neial fun.l, 8.i7,211..74, ami we a e .8^ ; U > -i ' 
the amount collected an.l charge.l by the boanl of' public works' b.-'voml tie 
CO. ..he stre.-t,s I should, in tliis connection, state the fbllowii.-r th t 
1 sl.ou.l have stated in my t.-stimouy t., the committee: When this avem o was 
i;yr.'";; • ; '•• amount .t.ost was Oucnliug to the re,..,rt of the board of public works iS 
J?7-M. r- r -'.,■■""' l~),*l-'lr-l"l---l. *livid.3.1 as follows, viz: The lIuit.Ml States 
M/,J1U.(.., . to railroads and various streets, .8m o:>:! ; ,„aking in all, 82.^,443.(!:,. Now, they 



2436 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

deduct this from the total cost and it leaves $96,0'28.19. To this 5 per cent, is added 
for contingencies, and we have $100,8'29.61 as the amount, to be charged as follows, viz : 
Two-thirds to general fund, $67,219.74 ; one-third to private property-holders, 
$33,609.87. Now, after these avenues were finished, the board changed their mode of 
assessment, and charged the United States with the amount paid bj' the general fund, and 
received money for the same on all avenues except Missouri and Massachusetts. But, in- 
stead of appropriating this two-thirds received from the United States to repay the gen- 
eral fund, they nuide other uses of it. I have carefully examined all their books and made 
inquiries of ofdcials, and cannot find that this amount has been used to pay the amount 
charged to the general fnud. Some of these avenues were finished in 1872, but in the 
report of the board of public works for 1873 no mention is made of the deduction of this 
debt; and not only this, but the general fund has been charged with two-thirds of the 
cost of the avenues, (except those mentioned,) and hence 1 claim that they have ap- 
propriated the two-thirds received from the United States for purposes that their books 
do not show. I claim that, according to their books, my former testimony was correct. 
Mr. Oertly admits (since he does not deny) that for materials on this avenue the United 
States has paid $17,304.54 more than they cost. (See my testimony, p. 2027, for New York 
avenue.) 

PEXXSYLVAXIA AVENTIE. 

Mr. Oertly states that he is ii.nable to state the result of my figures on this ave- 
nue, (page 1307.) " He (Rives) states that the United States'overpaid $57,248.96." 
I think I made it plain enough to the committee and Governor Shepherd, but will now 
state again that the Governor's Answer, page 414, is wrong in this respect, viz, that he 
should have taken two-thirds of $391,862.05 and deducted from it $171,746.90, leaving 
$89,494.47. Instead of this he takes $391,862.05 and deducts from it $171,746.90, and 
takes two-thirds of the difference and has $146,743.43, a dittereuce of $57,248.96, and I 
claim, since it is not correct, that it is an overcharge. (See my testimony, page 1307, 
bottom of page.) In reference to the number of feet on Pennsylvania avenue, the tes- 
timony is printed wrong, (page 2027.) It should read "For square west of square 14.'' 
And since this square contained the greatest eri'or, I submitted a diagram to the com- 
mittee and explained it. To recapitulate in brief, the square has two lots on Penn- 
sylvania avenue, numbered 1 and 2. No. 1 contains 138 feet 3 inches. No. 2 contains 
101 feet 9 inches, and was divided as follows : 31 feet 9 inches to Chesapeake and Ohio 
Canal Company, for tow-path, leaving 70 feet of private property. Now add this to the 
138 feet 3 inches, and we have 208 feet 3 inches, instead of 178 feet 3 inches as in table; 
and since his frontage of private property is wrong, his quotient and results are wrong. 
I referred to no other square, and all the rest relating to squares are wrong, as one can 
readily see by reading the testimony. 

COXNECTICUT AVENUE. 

In reply to Mr. Oertly on this aveutie, I admit that I base all my calculations on the 
statement that the avenue cost only $110,575.43, and I take this statement from the report 
ofthe board of public works for 1873, page 84, which states the total cost of this avenue as 
above stated ; and if this amount is not correct, then I say that the true amount was pur- 
posely avoided, for the table is prepared with too much care to contain mistakes, (un- 
intentional.) Mr. Oertly states the auditor gave him $184,773.52 as the cost of the av- 
enue. If this is so, then the amount forwarded to Congress, $110,575.43, is wrong — 
which I do not admit, but claim it was the proper amount, as the table was prepared 
with too much care to contain such a large mistake. I base my calculations on the 
official reports. On this avenue the board has charged the general fund with two- 
thirds, besides collectiug from the United States this same amount again, the same as 
was done on New York avenue. 

MASSACHUSETTS AND A^ERMONT AVENUES. 

In reply to his (Oertly's) statement in regard to Massachusetts avenue, I will state 
that I have not examined it except in regard to errors, as stated in my testimony, 
page 2024. An error of deduction for this avenue was similar to that made for Penn- 
sylvania avenue, and which I refer to in my testimony, page 1307, (bottom of page.) 
The difference is $10,165.35. In reference to Vermont avenue I refer to my testimony, 
page 2024. 

Twelflh street. 

My statement in regard to this sewer is correct. (Testimony, page 2024.) If you 
will examine contract No. 28, Governor's Answer, pages 242 and ;>4il, you wall find that 
it was for a sewer from canal to Potomac River ; and the tablejNo. 27, report board, 
public works 1872, reads from Pennsylvania avenue to Potomac River, and this em- 
braces the mall. 



TESTIMONY OF ADOLF CLUSS. 2437 

III re^aril to his so\viM--t.ible-i, I still claim that they are wrony;, and that all main 
sowers siioiild ho oiiiitteil. Do this, and the United .States i)ays A100.41I.ti-> more 
than the hoard. (See testimony, "iOii'J.) In reply to Mr. Shepherd's statement 
that one sewer alone cost lifty to sixty thonsand iloUars, I claim that all sewers 
laid in Georijetowu were charjred to private property and general fnnd; that 
the two larf^est sewers are on Bridj^e and Beall streets, one costing uin(i thousand 
and odd dollars, and the other some tweuty-odd hundred dollars; and from all my 
examinations and inquiries I dud that all the sewers in Georgetown laid by the hoard 
do not amount in the aggregate to s4ri,(tOO. (In reference to sewers, see Mr. C hiss's 
testimony.) In Mr. Oertly's statement he states that. I do not find fault with his 
meth<itl in regard to the avenues. I do tiud fault with them for the following reasons, 
viz : In the tables all church, school, and United States property is deducted, aud the 
balance is the amount of private property chargeable on street. He takes this 
amount, and divides it by the cost of the street, (after making the proper deductions,) 
aud the (juotient is the rate per front foot that the property is charged. In the case of 
Pennsylvania avenue and Fifteenth street to Rock Creek it is S4.40i-''y'fi- Now ho takes 
the frontage of United States property, which has paid the whole of the cost of the 
improvements on tive-sixths, according as to whether it is opposite private property 
or not, and multiplies it by a quotient obtained by dividing the whole number of feet 
of private property aud United States property by one-third of the cost of the street, 
<see testimony, ])age 1()7:},) aud he obtains a quotient of s(>.75(3, by which he multiplies 
frontage of United States property aud obtains $23,514. :3fi. Now, I claim that this is 
all wrong, ami that this United States property should not be charged again, especially 
at a rate .v2.:5.') higher than that paid for by private-property holders. To illustrate h 
case familiar to your committee, take Pennsylvania avenue, from Fifteenth street to 
Rock Creek. Now, the United States has paid between Fifteenth street aud Madison 
Place tive-sixths of the cost, (at the rate of 84.40 iv^j ;) between Madison Place and Jack- 
sou Place (Lafayette Square) it has paid the whole cost, since United States property 
(President's House) is opposite. Between Jackson Place aud Seventeenth street the 
Uuiteil States has paid tive-sixths, at the rate of 84.40,-",, and so on to Rock Creek. 
Now, Mr. Oertly obtains the quotient of $0,756, as I have descril)ed ; then he 
takes a rule and map and measures Lafayette Square, aud finds it 706 feet loug ; 
then executive grounds, l..'y^O, and so on to Rock Creek, and finds 3,4S0 feet of 
United States property. Now I claim that when the United States has paid the 
whoh; or tive-sixths, according as to -whether private property is opposite or not, 
the board of public works has collected all that is justly due; and if it collects 
auj' more than is justly due by United States, it should be credited to private 
property. He then takes this 3,480 feet aud multiplies it by S6.75G, aud obtains 
8"-i3,514.36, which he charges to United States, aud this I claim is au overcharge. Now 
since the private property has been charged at the rate of s4.40,',i''ri, which is the trne 
amount, the rate 86.7.56 of Mr. Oei'tly's, if we multiply the whole feet of private 
property, will produce a result far in excess of the actual cost. I do uot see that I 
need change any of my testimony, as I believe it to be correct, (except a few dollars 
here aud there for advanced ))rice ou brick,) or rather I should say what few mistakes 
I have noticed have been in favor of the board and not against them, and to make the 
corrections, the overcharges to the United States would be more. lu regard to the 
space north of square 15, I was led to the error by a map in Mr. Oertly's room. I 
tliouglit it was one of the places not inclosed, of which the committee has several 
instances befiue them. I respectfully call the committee's atteutiou to the fact that 
I believe, in all th" testimony in n.'gard to what proportion the United States is to pay 
on avenues, that the board of public works, in all their statements, take the total cost 
without deducting for intersections to other streets aud to railroads. 

Adolf ('luss lecalletL 

My statement in legard to sewers was mainly correct, except that one 
hill bad been incor[)orate(l in a subsequent bill, au<l that is the only cor- 
rection I have to make, after consultin"' with Mr. ]\[orris. 

In vain I have asked for a statement of Mr. Daniel A. Conley's con- 
tract, .showino- conclusively that he obtained s;i!),17r).10 in.stead of 
about *'_*-!, 000, as stated in the report. If that is not here, here is my 
statement. 



2438 AFFAIES IN THE DISTEICT OF COLUMBIA. 

CONTRACT No. 243.— ESTIMATED COST, $31,530.46. 

Date of Dan. A. ConnoUi/s contract for grading Massaclmsetts avenue, betweoi Liucotn 
Square (Eleventh street east) and JSfew Jersey avenue, April 24, 1872. 

STATEMENT IN GOVERNORS ANSWER, PAGE 344. 
Check number 243. 

Ainount of certificates paid out, $23, 702.42. 
Estimate, $21,530.46. 
Actual cost over estdiate, $2,171.96. 
Remark : Complete. 

ACTUAL STATE OF THE CASE. 
Date of No. of 
document, voucher. 

May 21,1872. 1613. Asks for $1,000 on account ; approved by A. R. Shepherd ; pxid $1,000 Ol> 

June 1, ltf72. 1700. Asks for $1,500 on account ; approved by J. A. Magruder : paid 1,500 01) 

June 14 and 1858. On June 14th D. A. Connolly asked for $2,000, and Assistant Engineer Bar- 
15, 1872. ney reported that it was perfectly safe to advance the aniouut ; approved 

by A. R. Shepherd 2, 000 l)U 

June 22,1872. 1058. On June 11th Connolly asks for measurement between First and 
Second streets. Engineer R. C. Phillips chaises W. Forsj'th 
with it, and he reports, on June 21st, 28.376 cubic yards grad- 
ing, and haul (800 feet) over 200 feet. This measurement is 
sent in, and on it there is paid : 28,376 yards grading, at 30 cents ; 

•28,376 yards haul, at 4 cents $9, 047 84 

Deduct 20 per cent, retained $1, 929 56 

Previous payment on account 4, 500 00 

6, 429 .56 

3, 218 27 

July 5,1872. 2087. Connolly asks, on .June 25th, for $1,929.56, the amount retained as aliove : 

paid 1. 90C) 5(i 

July 16,1872. 2204. Connolly asks for measurement between First street east and 
North Capitol street. Charged by Deputy Eugineer Oertly, 
W. Forsyth reports total to date, 38,306 cubic yards grading, 

and 800 feet of haul over 200 feet. Due in full to hini' 1 . $13, 024 04 

Payments on account 9, 647 84 

Balance ;j, 376 20 

July 24, 1872. 2555. Connolly asks for measurement between Eighth and Eleventh 
streets east. Assistant Forsyth reports 19,555 yards grading, 

at 30 cents ' $5, 866 50 

19,5.55 yards haul, 700 feet over 200 feet, at 'i^ cents 684 42 

38,,306 yards grading, at 30 cents " 1 1, 491 80 

38,306 yards haul, 800 feet over 200 feet, at 4 cents 1, 532 24 

19. 574 96 
Received on account Vi. 024 04 

Dae 6, 550 &2 

Aiulited for 5, 000 00 

Nov. 30,1872. 3572. Paid 500 00 

Aug. 18, 1872. . August 9th, Connolly asks for measurement between Sixth and 

Eighth streets east. Forsyth reports 69,713 yards grading, at 

30 cents '. .$20, 913 90 

69,713 yards haul, 805 feet over 200 feet, at 4 cents 2, 788 .52 

23, 702 42 
Deduct amount paid 18, -524 04 



5, 178 38 

— , . 1515. Paid April 4, 1873 .5,178 38 

June 3, lte73. . On May 21st Connolly asked for measurement between Fir.st and Second 

streets. Referred to Barney for report. He reports : " Connolly claims 
and .superintendent certifies that he has deposited earth on Massa- 
chusetts avenue, between First and Second streets, to the depth of 4 
feet for full width of avenue, which would amount to 13,200 cubic yards. 
I have no means of verifying this statement, for I know nothing of the 
original level of the surface, and it is impossible to tell anything about 
it now. If Mr. Forsyth, who knows all about it, will make'a final meas- 
urement of grading done on Massachusetts avenue east, between First 
street and Lincoln Square, to date, we can easily take care of all future 
estimates. May 29, 1873." This being referred to Forsyth for estimate, 
he reports : " Respectfully returned. From my knowledge of the 
work, I consider the amount of 13,200 yards a fair estimate of the work 
done. June 3, 1873.' Mr. Barney indorses this: "Respectfully re- 
turned. Estimate to date, on Massachu.setts avenue, is as follows: 13,200 
cubic yards earth, 13,200 cubic yards hauled 1,000 feet over 200 feet. 
June 7, 1873.'' The above haul was based on certificates of superintend- 
ent of propertv, General Suijerintendent Whittaker, that the earth was 
hauled fully 1,200 feet. 
1868 18C9. Audited for.' 3,000 0& 



TESTIMONY OF ADOLF CLUSS. 



2439 



lb<J)?, 1S<J9. On Juno 7tli. Connolly miikos out a bill as I'oUovrs : (St-e voucher Is'J^, 
l:^ti'j.) Estimate: 

13,200 onbic vanls earth, at accents 8.3,900 00 

13,200 cubic yards haul, 1..^0U loot ovor 200 feet, at 7} cents 1, 020 00 

4,9c0 00 
Deduct as above 3, dOO 00 



?1. 9?0 00 



Total 2tf,()C!2 42 



From statonionts it appears that up to Juue 7, lj7!, tlio total work allowed, after ample dis- 
cussion, toots up — 

fi!t,7 13 yards irradinii, at 30 cents 20, 913 90 

119.713 vards haul, at 4 cents 2, '^f'ri 52 

13.200 yards siadiiis, at 30 cents 3, 9C0 00 

13,200 yards tor haiil 1, 9eiO 00 



Total as above. 



28, 6.?2 42 



Or a total amount of sradiu-j; of 82. 913 cubic yard.s. 

Mr. Connolly sul).se(iuontly claimed 1 1.5, 200 cubic yards. 

Or an addition of 32, 2s7 cubic yards. 

At re.aular pricfS of board, the cost of this would have been — 

32.2.'^7 yards -radiuir .?9, (ItiG 10 

32, 2s7 yards haul, at new price, l."> cents 4, S43 05 

14, 529 15 



Total received before arbitration ■S28, 682 42 

Awarded by arbitrators, 105,720 cubic yards, computed at 10, 492 94 



39, 175 16 



Estimate 21, .530 46 

Cost 39, 175 16 



EXCKSS OVKU ESTIM.VTK 17,644 70 



Total paymouts, as perauditor 
Compiled by 

iI.\Y26. 1^74. 



39, 175 10 



ADOLF CLU.SS. 
Enijineer, meiiiber JJ. }'. W. 



Yesterday I stated that I had found one overcharge, but this was 
that of Thomas Morgan, in ]\Iount Vernon square. The overcharge was 
made, but 1 think the auditor i.s excusable for it. 'Sir. ^Morgan hiid Hag- 
ging opposite Mount Vernon square, different in workmanship from that 
on ]Mount \'ernon stjuare, and the bill being referred to me, or rather 
the charge ])eing referred to nic, I said, it being of similar workmanship, 
the same price sliould be paid to the poor man that was paid to the rich 
man. So of course when the bill was settled, and it came down in blank 
as usual, the auditor allowed the high price for the dressed flagging, but 
it seems, subse(|uently to the i)rice being fixed by me, and the work be- 
ing done, the (|uality of the work went down ; so, instead of this 60 
cents, it .should have been 34 cents per scjuare foot. This is the mistake, 
and it is excusable in the auditor that he has done it. He did not know 
that the change was made. 

The bill is as follows: 

I'.WKMKMS l-Olt SIDKW.M.KS .\XI) C.VUKIAI iK-W.V Y.S. 



WaMiujIoii, />. C, .filly -^A, 1~7;?. 

Jiourd of I'iMk Worlcs District Cahimhia to Thomas P. Moryati, Dr. 

:'..U( .si|iiiire yards now brick i)iivciiiciit laid, at •'?1 i>cr yard ?:?>')'.) 00 

.")'J."j .s(Hiare yard.s old brick i»av<iiniit nlaid, at '.i.'j cents per ,\ard l\ii 75 

.si|uare y.ards new brick pavcnitMit on edyf laid, at — cents \>ci' yard 

square yard.s old brick pavement on cdyerelaid, at — cents per yard 

square yards new cobblestone paveuieut laid, at — cents per yard 



2440 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

square yards old cobblestone pavement relaid, at — cents per yard 

square feet of tiaggiug for crossings laid, at — cents per foot 

square feet of flagging for crossings relaid, at — cents per foot 

4, 543 running feet 6-inch new curb and setting, at 30 cents per foot . $1, 363 90 

running feet — inch old curb and setting, at — cents per foot 

3, 517 running feet — inch park curb set, at 15 cents per foot 527 55 

running feet — inch curb reset, at — cents per foot 

549^^ ruuniug feet 6-iuch granite circular curb and setting, 25 cts. per foot 164 92 

running feet — inch old gi-anite circular curb reset, — cents per foot 

running feet — inch bluestone circular curb and setting, — per foot 

running feet — inch old bluestone circular curb reset — per foot 

running feet 12-inch new gutter flag laid, at — cents per foot 

— running feet 12-inch gutter flag relaid, at — cents per foot 

running feet 10-inch new gutter flag laid, at — cents per foot 

running feet 16-inch gutter flag relaid, at — cents per foot 

14, 506 cubic yards grading, at 30 cents j)er yard 4, 351 60 

cubic yards gradiug, at — cents per yard 

cubic yards haul, 4,800 feet over 200 feet, at 60 cents per yard 8, 703 60 

cubic yards rock excavation, at — cents per yard 

9, 513i square yards concrete pavement laid, at $3.20 per yard 30, 442 67 

square yards wood pavement laid, at cents per yard 

square yards graveling, at cents per yard 

7, 666 square yards sodding, at 50 cents per yard 3, 833 00 

4 chase traps, $1.15 460 00 

6 manholes lowered, $5 30 00 



50,465 19 



I hereby certify that I have measured and inspected the work done by , 

on the improvement of Mount Vernon Place, bet«"een Seventh and Ninth street, in 

squares , embraced in the foregoing bill, which work was done under the order 

of the board of public works, (contract No. ,) and find it correct as to quantity and 

quality, and that the work has been done and material and labor furnished as per con- 
tract and specifications. 

B. OERTLY, 
Asfilstant Engineer. 
Dated July 24, 1874. 

Approved Julv 24, 18T4. 

A. CLUSS, 
Engineer B. 1', W., in charge. 

I certify that the foregoing bill is correct in form, and that the prices are according 
to contract, and is therefore audited in the sum of . 



Auditor B. P. TV. 

Dated , 1874. 

(Indorsed :) Cert. No. . Account B. P. W. , vol. — , 1874. Pavements 

for sidewalks and carriage-ways. C. 1874. bill for work done on 

bet. and . $ . Measurement. 

After this committee lias gone so much tlirougli the details I thought 
perhaps I might help their labors, and I have here made up in the 
evening a cursory statement of the expenditures and dues under the 
administration of the board of public works from June, 1871, to May, 
1874. 

It is as follows : 

Cursor)/ stalement of the minimum of e.rpendifure>i and dues under the administration of the 
board of puhlio tcorks of the District of Columbia from June, 1871, to May, 1874. 

EXPENDITURES OF THE BOARD OF PUBLIC WORKS. 

Streets : 

For curb-setting and curb $1, 160, 000 

For brick sidewalks 1, 060, 000 . 

For concrete sidewalks 30, 000 

For flag sidewalks 330,000 



LETTER OF COLUMIU'S ALEXANDER. 2441 

For gravolcd roails SIGO, 000 

For col)lilf.--.st()iie roadway l'-i'>, 000 

For bluo-rock paveim-nt' 110,000 

For Macdilaiii roadway 22"), 00() 

For Belj^ian and grauite roads 580, 000 

For concrete roadways 1, "SO, 000 

For wood pavements •5, ^40, 000 

Total 8'.>,07O.O0O 

For grading ti, 000, 000 

For parking :iO0, 000 

For main sewers 1,400,000 

For pipe-sewers 'J-'>0, 000 

For steps, fencings, &c 400,000 

For house-raisings ' 200,000 

For county t 500,000 

For iniscollaneous days' work HOO, 000 

For clerks, superintendents, inspectors, otticers, and miscellaneous expenses 1, -500, 000 

17,120,000 

CLAIMS. 

For damages wirh changes of grade f>450, 000 

Due to laborers 120,000 

Due to employes 450, 000 

Due to unsettled accounts 200, 000 

1, 220, 000 

The CiiAiRMAX. Iviglit upou that questiou of flaggiug I have here a 
letter dated — 

Wasiiixgtox, October 25, 1873. 
To the Board or Pnu.ic Works : 

Gkxti.kmkx : I will thank you to fix the price to be allowed me under my contract, 
No. 810, with the board for laying the Hag footways at the angles made by the inter- 
sections t)f New York avenue, Massachusetts avenue, Seventh and K streets, respect- 

^' THOMAS P. MORGAN, 

Contractor. 

That is tlie ease I refer to. I tind on this letter this iudorseineiit : 
" Ivespeetfully referred to the eugiueer in charge. By order of the board 
of public works. Edward Johnson, assistant secretary. O K." That 
seems to be the general term. " This work is similar to that on ^Mount 
Vernon Square just opposite, which originally was ]\rr. Morgan's contract. 
Under the circumstances he ought to be allowed the same price, G.5 cents 
per s(|uare foot, for all necessary redressing, rejointing, furnishing ma- 
terial and labor, and for redressing." Signed "Adolf Cluss." 

The Witness. 1 say there was an overcharge when the work was 
afterward made different. 

Mr. Christy. ]\rr. Chairman, some days since we offered a copy of a 
letter, aiul the gentlemen said they would produce the original and all 
entries a]>pearing in the minutes in regard to it. They have since re- 
]torted that they have been unable to liiul the i)a[»ers ; whether they 
have looked or not I do not know. 

Mr. SiANTON. O, no! I have the original. 

^Ir. MATTiN(rLY. A\'e admit that it may go in. It was a corresi)Oud- 
ence between ^Mr. Alexander and the board of public works. 

It is as follows: 

Wa>hin(;h»n, 1). C, A'ufTmftrr 25, 1872. 
7'. Ih< Ii„ar(l of Puhlic Workn : 

Gi.NTf.KMKN : I have received the following bills for special taxes, assessed and sent 
from the " oHice of the board of public works" on tin; '.tth November, dated the r<th 
Novt.'niber, l~7*i, for lot tliirteen, (l:i,) in s(|nare No. 170. in the city of Washingtiui, 1). 
C, for Ihe carriage-way and footway, amounting to >*4:{i).oii. for (rJ feet 8 inches front of 



2442 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

said lot, aud for " coping, steps, walls, &c.," for the same $146.25, and aggregating 
1585.31, leaving out the items, as I believe, for a future hill, the water and sewer 
services or connections. I have no way of ascertaining from the bills rendered whether 
I am overcharged for the carriage-way and footwaj' from the manner it is made out, or 
whether the sewer aud water connections are included under the head of "4'-c.," nor 
do I know all of what is included under the said head of " 4c." I desire to be informed 
in a busitiess-like way how many yards of carriage-way aud footway I am charged 
with, and the price per yard for each; how many yards of excavation, and the price 
per yard ; how nuxny feet of coping, steps and wall ; how mauy feet of curbstone, new 
aiid'old. was set or furnished, and the price of each. With this view, I therefore re- 
(juest a bill of items, showing how or in what manner I am taxed for the improve- 
ments, so called, in front of the property herein referred to. 

For the board's information, I will state that I know that I have not been allowed 
for all of the 18 Seneca stone steps which I furnished and paid for in front of said lot, 
and have the receipt for the saiue, cosibuj sl43 ; nor for the brick wall upon which the 
steps are set aud setting the same, aud costing me some thirhj-odd dollars more, and for 
which I have also a receipt ; nor for any portion of the bricks which the contractors 
took of mine iu front of said premises and relaid the same pavement witb, which are 
of a peculiar kind and easily distinguished from others, (being Pusey's make,) and 
which are as good as new brick ; nor have I beeu allowed for the curbstone used, 
which had beeu but recently, previous to the changt; of the grade of F street, north- 
west, put down at my cost, aud was as good as new, and therefore reipiest the items 
above mentioned be measured and estimated correctly, and that I may be allowed for 
them iu the settlement of this bill as an offset to the exteut of the just amount I may 
be entitled to preparatory to a settlement of the bill referred to. 

Also, lots '2, 3, aud 4 iu Winder's subdivision, (sipiare No. 170,) being 27 feet 6 inches 
front each, ou the same street, aggregating for carriage-way, footway, coping, steps, 
walls, &c., $738.68 for the three lots referred to, and charging iu said bill for " coping, 
stei)s" on each of the lots mentioned, when no steps were erected, and thus showing 
the necessity of a bill of items. The brick in the pavemeut of each of these lots 
alluded to was relaid with the saiue, and all of the curbstone in front of each of these 
lots were carried olf bj^ the contractor's employes. I request also that the brick may 
b& measured aud estimated for, together with the curbstone, aud that a just allowance 
may be made for them, and credited ou each lot in the settlement of these bills. 
Please give me an early reply, as I have or apprehend difficulty iu getting sathfaetory 
and reliable information in tvritimi upon the subjects m^utioued, and previous to the 
expiration of the thirty days' notification aud issuing of the "certificates of iiidebted- 
ness against the property assessed " and referred to herein. 
Very respectfully, 

COLUMBUS ALEXANDER. 

Mr. Christy. This committee has uot yet advi.sed me wbetber tlie.se 
circular-letteis may be used in evidence. 

Mr. Wilson. We will determine tbat bereafter. 

Mr. Christy. One otber matter. I made application to tbe commit- 
tee, as I felt I was under obligation to do, for tbe privilege of offering in 
evidence a certain part of tbe report of Mr. Meigs of tbe condition of tbe 
affairs of tbe Freedman's Bank. I advise tbe committee tbat tbe com- 
mittee in tbe House bave it in tbeir custody, and will produce it at tbe 
suggestion of tbe committee. I only desire to offer a few entries, and I 
would be quite willing tbat tbe documents sbould be submitted tirst to 
tbe committee before I use any part of tliem. 

Tbe Chairman. Is tbe document in print in tbe House ? 

Mr. Christy. No, sir ; it is in writing. It was printed in tbe news- 
liapers. 

Mr. HuBBELL. It is printed in tbe Congressional Eecord. 

Mr. Christy. I was not aware of tbat. It is only a few of tbe mat- 
ters — as it were, connecting links — tbat I desire to offer. 

Tbe Chair^ian. Hand tbat to tbe committee, Mr. Cbristy, marking 
sucb portions as you want ptit in evidence, and we will look at it. 

[To Mi. Mattingly.] I requested some time ago tbat a statement 
migbt be made of tbe floating debt of tbe board of public works. I do 
uot tbiuk it has been furnished. 



TESTIMONY OF Tl.OMAS EVANS. 2-i4:3 

3Ir. Maj'TINGlv. This is the first I bare lioard of tliat, siv. We will 
have it iiuule up, however, and hand it iu. 

The CiiAimiAN. If it is ready, 1 would like to have it put into the rec- 
ords to day. We called a few days nyo for the pay-rolls. They are here, 
r understand. We will examine those and determine as to how much 
of tlu-ni we will want printed. 

^Ir. Wilson: There is a matter about one of these statements in re- 
gard to printing that ^Ir. Jewett called for some time ago. They were 
furnished, but one of them was taken away to be copied, I believe. I 
do not tliiidc it has ever been returned. 

Mr. IMattingly. I do not know how that is. I know full statements 
were furnished of everything. 

Mr. Wilson. Some person connected with the board of public works 
took away one of those statements, and it has never been returned, to 
my knowledge. 

Mr. Mattingly. It is one tiiatcan be suiiplied, I suppose. 

]Mr. Christy. Mr. Chairman, I desired ^Ir. Oertl\" to remain a mo- 
ment to ask him a question. I do not know whether he is iu the room 
or not. 

The Chairman. I have sent for ^Ir. Oertly. I do not think tliat he 
understood that he was to be recalled. I think he must have understood 
me to disciiarge him finally. 

]\Ir. CiiKiS'i'Y, I desire to call .Mr. Oertly and interrogate him in relation 
to an entry that is found on page 1112 of his testimony, and to explain 
a part of the voucher that is there. The entire length of sewerage there 
cau be arrived at in this way — by adding the 873, the ~>\, and the 18 to- 
gether, giving 9-i2 feet. Now^, within that distance it appears that there 
were 18 receiving-basins and traps of different patterns. In order to make 
up this average, we think that he has stated a number of these basins and 
traps largely in excess of the number actually made or supplied by the 
board of public works. It becomes very evident, I think, upon compu- 
tation, they would have to be used about the distance of 52 feet. I am 
advised that such is not the fact, but that there is a much greater inter- 
val between them than as appears from the map. 

The ("HAiRMAN. Do you deem it so important as that you wish INIr. 
(Jertly to be recalled ' 

^Ir. CiiisTKY. It was one of those large elements of controversy be- 
tween Mr. Hvans and gentlemen. They then settled that as an expla- 
nation of the diflerence between Mv. Evans and themselves; he has not 
included these manholes and sewer-traps. The man-holes are included 
in these, as I understand that. 

Mr. .MATTiNt^LY. Vou may strike out half of all of them, if you 
ehoose ; I will agree to most any of them. 

Mr. CniiiSTY. But, unfortunately, it is too late to be advantaged by 
the striking out; bills have been made for them. 

Thomas Evans recalled. 

It is not so; because it takes over live thousand feet of i)ipe to i)ut all 
those (juantities in. You can get it on the map. 

(Question. Make your explanation in regard to that matter. — Answer. 
It states here [referring to Mr. Oertly's statement | that there are 18 traps 
an<l basins on !).")! feet of pipe. 

(}. What do you say to that? — A. Well, to put those 18 tracts and 
basins into that (juantity of i)ii)e, I think the engineer would not know 
his business, because it would take 18 ll'-ineh pijies to go into om* 11*- 
inch pipe. In other words, it will take 18 gallons of water to be put into 



2444 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

a one-g-allon pitclier. I should tliiuk this was made up to make the 
statement of $4.70. 

By Mr. Hubbell : 
Q. That is, assuming- that the pipes were all tilled at the same time ? — 
A. Well, they would uot put them without they supposed they would 
be filled; because they would be useless. • 

By the Chairman : 
Q. You thiuk that is not a ]nobable statement? — A. No, sir. 
Mr. Mattingly. The certificate is as follows : 

I hereby certify that I have measured and inspected the work done by D. R. Smith 
on the improvement of First street northwest, (from Pensylvaaia avenue to F street,) 

in square , embraced in his bill dated October 27, 1873, which work was done 

under the order of the board of public works, (contract No. 384,) and find it correct as 
to quantity and quality, and that the work has been done aud material and labor fur- 
nished as per contract and specifications. 

CHAS. E. BARNEY, 

Assistant Engineer. 

Dated October 27, 1873. 

Approved October 27, 1873. 

The Witness. I have nothing to do with the engineer. 

Q. You simply say that is uot practicable ? — A. I know that i.s uot 
practicable. 

Mr. Cluss. We do not see any smaller, but 12-inch pipe. It is uot 
said that this 12-inch pipe is filled ; 3 or 4 12 inch pipes may go to- 
gether, and anyhow the connecting-pipe is not filled. But there is 
another case: In the very peculiar circumstances in which we have 
been ever since I have been a member of the board, frequently we 
had no credits, and we had to put in an IS-inch (1.8) where a 12-inch 
X^ipe would have done. There was 12 here, one over, aud with no 12- 
inch to connect ; and afterward, to relieve tlie whole concern, we put an 
18-inch (1.8) i)ipe in. That was the case more than once where we 
made a virtue of a necessity. 

The Chairman. I have here a statement, furnished us by the board, 
as to the floating indebtedness of the board of public works. 

IMr. Wilson. Who produces this paper ? 

Mr. Mattingly. I do not know, sir ; I have not seen it. 

Mr. Wilson. A paper comes in here which nobody signs. The chair- 
man called for a statement of the floating indebtedness of the board of 
public works, up to and including May 9, 1874, and this paper is handed 
in here, signed by nobody, and certified to by nobody. 

Mr. ]MATTiNCfLY. I will take it, sir, have it inquired into, and return it. 

STATEMENT OF J. BLICKENSDERFER, JR. 

In reference to the statement submitted by Colonel Samo on Saturday last, I desire 
merely to say that, in regard to the difterence between his statement and mine of the 
proj)er charge against the United States for work at P-street circle, it will be seen, by 
reference to the Governor's Answer, page 406, that only five-sixths of the carriage-way 
is charged to the Government, whereas the colonel charges five-sixths of a part and 
the whole of the balance, viz, 4,695 yards. He also estimates the curbing around the 
circle as circular curbing, which I, for reasons explained before, (testimony, p. I960,) 
have estimated as straight curbing; and he adds for brick sidewalks, which I could 
not find. These items, taken in connection with the difference in the mode of treating 
the street intersections, explained before, (p. 19(!1,) will more than account for the dif- 
ference between us in the amount chargeable to the Gos'ernment. Why Colonel Samo, 
in his statement of Saturday, adopted a dift'erent rule than that by which he was pre- 
viously governed in making the statements on the same works which appear in tlie 
Governor's Answer, he does not explain. I have uniformly used the rule I found 
applied in the Answer. 



STATEMENT OF J. BLICKENSDERFER, JR. 2445 

SCUTT SliUARE. 

At Scott Stiuaii" the siiiir' conr.sc is taken with tbe caniaye-way, for part of it five- 
sixths being charged to the Government ami the whole of the bahuice, 1,112 yards, 
■whereas, in the Governor's Answer, (p. :W8.) only live-sixths of the whole is charged. 
Colonel Samo has also increased the price of brick pavement from the previous price 
of 80 cents to 81 per yard, and of curbing from .•3il.':20 to Si. 50 per yard. These items, 
■with the intersect ions, more than make the ditl'ereuce. 

KAWLINS SQUARE. 

The wood jiavement, whicli Colonel Samo says I omitted, was not omitted, but was 
measured as asphalt, and is included in my quantities, (testimony, p. 19ti:i,) which, it 
will be seen, aggregate more than his. The true quantity is 9:? yards, and not 'J7 
yards, as stated by him ; and the proper corrections in the amount is only :iO cents per 
yard (the dillerence between the price of wood and asphalt pavement) on five-sixths 
of this quantity, instead of the full price on live-sixths of 97 yards, as he states it. 
Making this change, allowing for the intersections, and making a few slight altera- 
tions in the division of the other quantities, parts of which are all chargeable to the 
Government, and of other parts only tive-sixths are so chargeable, and which he does 
not divide exactly as I do, will account for all differences on this scjuare. I do not give 
the details of these minor corrections, as they ■were not given in my former testimony. 
When I stated (page 2000) that I had "omitted a portion of the brick pavement,'' I 
shonld have said I had omitted the amount of it in dollars in my first statement of the 
acconnt, (page 19G3.) The correct quantity of all the pavement appears in the tabular 
statement on page 1963, and the corrected amount in dollars on page 2001. 

It will be observed that the colonel does not in any case, except that of wood pave- 
ment at Rawlins Siiuare. qutstion the correctness of my quantities, but uses them in- 
stead of his own in making ujj his accounts. 

XEW HAMPSHIRE AVEXUE. 

With regard to Ne^w Hampshire avenue, I have nothing to add to my former state- 
ments, except that since Colonel Samo's statement was submitted I discovered that 
the Government was charged on this avenue (Answex, page 413) with 8.')0 feet of inter- 
secting sewer at G street. This is the only sewer at that point, and it therefore fol- 
lows that the entire charge for sewer on G street (Answer, page 403) is an overcharge 
of only 1,336 feet, as stated in my testimony, (pages 1970 and 2003.) When I discov- 
ered this, I called Colonel Samo's attention to it, (on Monday last,) and he said h.e 
■would look into it. The embankment claimed by Samo was not included in mj ac- 
count, because I could not find it, and it now appears, from the testimony of Murray, 
that over 20,000 yards of excavatuins which I did estimate, .should not have been in- 
cluded, because it was not done until long after feamo's measurements purport to have 
beeu made. 

MARYLAND AVEXUE. 

On this avenue I made up the amount which had been charged to the United States 
(testimony 197(1, 2002) from the (luantities in the Governor's Answer (pp. 403, 412, 419) 
at Stanton place, G,?;8d ; on the avenue 238,643, and again at Stanton place 12,2^14 
yards ; total, 257,7.')5 yards. lUit the first quantity, it will be seen, was afterward 
entered at 688 yards only, (Answer 419) thus reducing the total to 2.51,.575 yard.s. This 
correction I had made in calculating the amount in dollars, (2003) but failed to do it 
in stating the number of yards. The rock, as Samo correctly states, is not chargeable 
to the Government. It was by mistake entered in my statement of the charge(, 1971, 
2003,) and sliould be stricken out. 1 append a corrected statement of Marylancl avenue. 

I sliould add, what I did not say wlien examined with reference to Twelfth street, 
that the ((uantities I reported on that street were not those detennined by Mr. Barney 
in the reduction of his cross-sections, but greater tiian his, because I calculated on 
increased breadth of cutting of several feet tiinmghout, to allow for excavation umler 
the sodding, and in souk- places I calculated for tlie entire wiilth of the street, from 
building-line to building-line, to allow for work which 1 thought his mode of leduciug 
the cross-sections would have excluded. 

MARYI.A.Xn A\-KNUE. 

Grading, as measured and allowed to contractors 221,268 yds. 

Charged to Government '2.'»1, .')7r> yds. 

Excess 30,607 yds. 



2446 AFFAIRS IN THE DISTRICT OF COLUMBIA. 

Allowed to contractors, viz: 

Gleasou.. 159,022 yards grading, at 30 cents $47, 706 60 

4,235 yards haul, at U cents 63 52 

4,889 yards haul, at bl cents 268 90 

130,000 yards haul, at 9 cents 11,700 00 

19,898 yards haul, at 22^ cents 4, 447 05 

3,177 yards rock, at 70 cents 2, 223 90 



Miuiihy . . 14,222 yards grading, at 40 cents 5, 688 80 

48,024 yards grading, at 30 cents 14, 407 20 

24,320 yards haul, at 5 cents 1, 216 00 

37,926 yards haul, at 9 cents 3, 413 34 



66, 439 97 



24,725 34 $i91,165 31 



Charge against the Government. 

238,643 yards grading, at 40 cents 95, 457 20 ? ^ „ _ r,^ rno a-\ 

238,643 yards haul, at 15 cents 35, 796 45 ^i ^ ^ " ^'' '^^'^ *'^ 

688 yards grading, at 30 cents 206 40 X | = 172 00 

12,244 yards grading, at 30 cents 3, 673 20 all = 3, 673 20 



91,34 63 



Excess oyer total cost 182 32 

Correct charge against Gorernment. 

Two-thirds payments to Gleason, work on avenue $44,293 31 

Two-thirds payments to Murphy, work on avenue 10, 808 89 

Five-sixths payments to Murphy, work outside Stanton place 3,522 17 

All payments to Murphy, work inside Stanton place 4, 285 40 

62, 909 77 

Actual chai'ge against the Government, as above 91, 347 63 



Excess 28,437 86 

The committee here retired for consultation, and upon re-assemblin*;, 
the chairman said: "The committee instruct me to say that the testi- 
mony is now closed with the exception of the matter of Mr. Kilbourn, 
and the matter of Mr. Gibson. The committee not being at present full, 
do not deem themselves at liberty to decide upon those questions, and 
no action will therefore be taken upon them until the return of Judges 
Thurmau and Jewett. If we conclude to call the parties, we will do so 
hereafter. 

We may require some further information from members of the board 
as to figures and details; if so, we will expect gentlemen to furnish us 
with those details. We will now say to counsel that all the papers and 
docitinents which have been ordered into this building may be returned 
to the District government, and if we again desire to look at them, they 
must be furnished to us. So far as public sessions of this committee 
are conceriied, we will now adjourn without day. 



No. 1. 



Board of Public Wouks, District 'of Columbia, 

Washington, May 28, 1874. 
Hon. W. B. Alllsox, 

Chairman, <.fc. : 
Sir: I send herewith a statement of the floating debt of the board of public works, 
made up to the 9th of May, 1874. 

Very respectfully, your obedient siervant, 

JAMES A. MAGRUDER, 
Treasurer Board of Public Works. 



FLOATING DKHT OK KOAKD OF ITBLIC WORKS. 2447 

No. -2. 

Slattmenl of Ihf Jiontinr/ iiidehttdiitHS of the hoard of public ivorks iqi to and ii chiding 

Slay ;», 1874. 

Total amount of auditor's cortilicatps i.ssued to date 8l^,2f.(),00S 01 

Total amouut of autlitoi's CLitilicates paid to date 14, (571, 0.').'5 8-2 

Total auiouut of aiulitoi's cfitlHcates outstaudiiij^ !', ."i88, [);Vi 19 

Total auiouut of hoard cert ideates outstanding "204,100 00 

Total aiuonut of certificates of indebtedness outstaudiug 3, 793, 0.52 19 

Approximate amount of unaudited accounts 3.30. 000 00 

Due employes 110,(190 03 

Due laborers 128, 281 (53 

\V\\U payable 518, 8G2 74 

Total 4,900,8^^) 59 

Correct : 

J. C. LAY, 
Auditor Board of Public Works. 
JAMES A. MAGKUDER, 
Treasurer Board of I'ithlic Works, 



No. 3. 



Wasiiingtox, April 4, 1874. 
Sik: Having been one of the trustees of the colored schools for three years, ending 
.July 1, 1571, 1 feel it my duty to submit the following to your consideration : 

In the official record of the honorable committee over which you preside, on page 
134, and under date of March 19, 1874, I find a communication signed Henry Johnson, 
at i)resent one of the trustees of the colored .schools, in which he states that on the 
30th of June, 1871, the actual indebtedness was .§40,793.28. This, I ask permission to 
say, is incorrectly stated. It is true, however, that during the following year ending 
July 1, 1872, there was to be an indebtedness of 837,7(33.(5(5, which amount was provided 
for by the legislative assembly in an act approved August 23, 1871. By the above 
statement, it will be .seen that the rinaucial embarrassments mentioned by Mr. Johnson 
could not, as they were not, caused by the former trustees. 

I would again assert that all the obligations of the board had been settled prior to 
the date of my ceasing to be a member of the board. 

With regard to the statement which Mr. Johnson makes, that I hold a certificate for 

he sum of -822,029.19, I positively declare that I do not hold any such paper : it was 

given to me in May, 1871, and 1 immediately deposited it in the Freedman's Bank, as you 

will tind by referring to my othcial report printed in the council journal of the tir.st 

ses.siou of the legislative assembly, page 101. 

I have the honor to lie, sir, your obedient servant, 

WILLIAM SYPllAX. 
Hon. Wir.i.iA.M B. A[.r,TSf>x, ['. S. S., 

Chairman Joint ( mnmittit' mi Jffairs District C'llmnhiii 



2448 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



ja ';z 



o^S 



00 -^ 









Ci 




n 




in 


•V c ■- 


^ •« 












(, 




L- 


^ 


-S 


rt ic Tl — . =; — ■- %; t^ o z^ .z -^ y. ~A T. 


?- 








"S 


T ir» o ^. — = - ^- c r. 71 r-: — .-- %; - 




bC 


r- OD -»■ rt v: -1 X — i- j_ -r i- — .-. i- .: 


c» 


<s 


o to c. •« C' =; i- t < -^ — — -^ X' I 


<n 


Aggr 


cf oo of o'o'rf Kci'Trr^" CT'cfr-'m^ 


- _- 




o 


~--->~--^^~^ 






■ n --x .i.-TC.-=;-r-.,-i:c — -rj^oir 


o 


.2 




-JO 


!0 


C! -. = — 1- -^ .- ::; =; -^ -^ ro ot a 


in 


^ tr 




i- 


o 


X-* — -*~ — — — -? — — L"^ to 'N 


^^ 


c !^ 




■r: 




C-. ~i -z. -M jj — u- x ^ h: -T L-: t- i 


•^ 


> a 




=5 


S 


tOtOOOt-t^-— — « C5.-4toX(> 


in 














a; 1 "= 




'?» 


o 


ri o in CO t- cj sin n u"i-rri"T- 


t^ 


"s 


< 




S^ 




'^ 


to 


o 




ic 


r5 • o 


03 


;5 <=t 

-3 


m 


Ol 


o 




























01 


^ 


^^ 


tr* 




























Q 






n 


































a 


*^ 


fO 


<M 




























to 




'5 


cT 


«" 


^ 




























CO" 




Ph 


s 
































^^ i 


,_, 


































' 








1 


H 


-3 










































cS 


Ch 










































a 


3 










































.2 


H 






















































































C4 




































O O O p 


o C O Q o o 
o = o S o I.-; 


,_, 


(N 00 


oc 


r^ 


"S B 


^ 




C! 


in X 


31 C 


i- 


■a.2 


fl 


— Ci t- 00 


o rs -^ t- to r^ 


in 


in in 


to a 


in 


o 


■JSC- ^. Kr- 


to O X o ■* o 


CO 


n o 


o t- 


X 


i^ 


«-sC — 1 ^5 


<r< X m n C-. M 


•<1< 




in OJ 


t- 


I"! 


S 


S^'""-'" 


fffr^" r-Trt 








to" 
















c o 


o 


o r: o . . . 


• o o — o o 


1 to 


•-3 




i-ira 


o 


into o 










O X T-H c o 


0( 


> 


-*^ 


wo 


o 


■^ t^ to 










CJ o X -• ^ 


1 ^v 




rt ir; 




•V ro X 












o 


.S 


r- O . 


o 


X t- 










—1 


<r» 




f!^ 




















-^ 




'^ 














t- 


•epnoq 


























































































« 






o o o o o 


o -^ 


-v o 


o c 


,_, 


■SJOB pi!OJ]IBJJ 




« 






o in o o in 


oin 


oin 


oo 


^ 


i^nompaij ptiB 




2 






to TJ O t- X 

m c T « in 


§g 


;;s 


-J c 

CO o 


il 


nBOiooo'oOO'fS 




X 






t- o « (M in 


to CS 


•* o 


■TtC 


rr 


Sai8i;j8Apv 




s 






inrt'r-Tin" 


■" 


^ 


^ 


s 






o 


"o 


coio in . •» oto 


•»o o o 


X 






o 


in 


om o n 


— or; 


o o oo 


a 


•eAi^l 




to 


■^ 


m -H — 1 r: 


X o to 


c; -^ CO X 


trs 




■71 




i in 7» 


(M in cj 


C-. m - CO 




oqi^Saiqeiiquj 




•-C 


o 


in CO en Tf 


« !T» to 


in c» in in 


X 








of 








i-^ 






«&^ 














2 ' ^ 


o o • 
















Tf* 






X oo ; 


























X 


•iiqraas 


00 


o -J -o '• 
■n I- . 


























g 


-SB aAijBisigai 




o o . 


























in 
in" 




■» 






























o o L-; o <=■--: ■?» 


o c c m i~ 


'T « t- O L- 


CO 


•^nomj.iBdap 


r^ O t- lO 1/5 u n 


to o o r~ ?» 


01 — CO o X 


in 


O ~5 -3' — . L-5 ~ O 


<M in ^ o t- 


l^ o -^ o c^ 


in 


aAijnoasa .lo 


CI o r: r-. -^ o » 
oi I' — X -1 ro 


in X X i- o 
11 Urt 


CI i- c» -< X 

CO u f 


to 

CO 


eaogjo jou^etd 


S 






to" 




X 




t 






































a 


^ 


^ 


^ 
































O 


s 






































JS 


cS 


cs 






































































C3 


3 


3 


^ 
































'■a 


'£ St"? bt'2 sr 






























_CS 


tt.2 it.2 m!^ 






5 
























_c_> = J s > 
































































































ii,<jaH<^p:<j 




































a 
s 

3 












fc 


:_ 








_c 
















o 


a 












■^ cS t- 




[S 


«_; 






5, 

00 


^ 


1 


;- 




a 






< i i 


g 


'3 


111 






a 


fcC 


a 


"cS 


St s ." 5 "3^ 


'|3 






_2 


'3 






a;i.^ a fa •' -^ >■■-;:>■■> > 




*■ 
















p 




P 




? 




r- 




r 








r- 










r- 


r- 




1 



w 



ts 


£r.SSt^Sg§ 


X rr o C( to -a- to a\ 


to" to Ln"— Tc. — "cf i-T 

«» CI C< TH 




to X .n o in o o o 
o c: CI o r' o o Ci 




c^ o o m CI in TM X 

C O CO to TI" to CJ 




2'^! S"'^"'^" "" 
t^^ 



c o 



C5 »^ Ci CO r: ^? L* ro 

c: GO CO i~- C'J —. -- 00 



^ 






.Sag yi^ g >-a 
S X ► > S = "' "^ 

^~ g O O S - O 



PAYMENTS FOR PRINTING AND ADVERTISING. 



2449 



=^ 


X X - -o 
X • X o 
■r< X ro 


-i 


= 


c 




X 


2 




i 




1-5 

c 

1 




- - .^ 5 r~ ° 5 '""■ 5 2 S '^ 

- X -i_ - -C — ri .J: -r -r -o (Jl 

^ ji i .-i ' ■ A. i< ^ A n \^ 


3 


n 

00 

r 1 

s 1 

cT j 












































o j 

00 1 

1 




? • 




















ao 

00 


TO 


is 


















L-5 

of 


00 

si" 






















3 


3 

TO 




^ f 




















TO 

n 


1 




















1- 

TO 

n 


o 
oc 

a 


1 


it 


-5 SI 


















§ i 

II 

5 

3 

n 

o 


?- 


^i'- 


7? 2 t- 

-"7 


c o = o 
-r -r -^c 11 

-T — TO 1- 


% 


5 O 

■r-c 

3 t 

E E 


%■% 


« 

o 

a 

< 


4 


c 


_c 










1 
1 

1 

1 


o 




"a 
= r 


'3 


i I 
■ i 


r 




c 


3 


1 




e 





X " 


^ — ■ — — y - ^ 




it 

S o 


a.- = ? c .t; = 




:?«.2"3 jj « g 








« 






go 




d 


■3jr £ EfJ o 





WQ 



S-^ i. ."■ o , =3 — " 

t. o _o '^^_>-'= j !^ 
^^ c s « T'^ 

H'lilll 

^ ^ O S^ C3 C 






^5^ 111 
SF 5 = ° £ S 2 



:;^, 



? IS ' 



« a 









■r =— 5 "» 



* ^ fc 3 a«•^«■- 
-cJv:: s ".-E o o 3 

; (^ — C X .f. 

2 2 Sf-^-grta 



« X rt O u ^'13 ■ 

|>. a^o--«^-^-g^ 

y ii-ri'illli 

5 2 B £"£•« a o t^ . s 
»1 o.«g S ? = s 

E'ao^J.s = 1? 
aoa iJacS" 
!=- S 'c; -- . ^ 2 - >-. 



(o a 



to 



». = — 



■—■ -' '^■^ •' - i^ £.— M a 

5 c 2-af 3 5 c:--? •*,-?'-> 
*^-2 S St a °^ ? o Sa 
•*" tf-a a.sS«^St,co 
oc.tiaO-wBs_^coi 

0*7'— _ S ^"«*C a— ;i o 
-.== 5-= ?'?? = = = 5 ^ 

^Ca-~«2f^52 

■S o o . 






:- •' ^ T ' >. i- 



- — . , c £ — ^ — t. 

H 5 "^ Hiii'5 C- S-r aZI 
jr r- « '' a « i F a 
= i -^ S: -r »: 2 a i" 



o s 




Vt\ D C T 



2450 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 
Advertising. 



Date. 


Number of 
voucher. 


1871. 




Aug. 31 


o 


31 


4 


31 


.'■) 


31 


6 


Sept. 2 


17 


5 


25 


5 


27 


9 


49 


13 


38 


13 


.'■>9 


13 


72 


18 


!)3 


18 


94 


19 


95 


20 


99 


19 


96 


21 


105 


2-2 


106 


26 


135 


26 


141 


26 


176 


Oct. 2 


192 


3 


198 


10 


241 


13 


254 


14 


267 


25 


320 


25 


321 


25 


322 


26 


33H 


Nov. 28 


364 


7 


419 


18 


433 


11 


450 


Dec. 2 


.'')96 


4 


745 


9 


808 


21 


915 


21 


920 


22 


940 


1872. 




Jan. 18 


164 


19 


174 


26 


263 


Feb. 2 


318 


6 


372 


8 


388 


8 


436 


16 


. 481 


17 


498 


19 

20 


500 
510 



Mar. 



21 
1 
6 
13 
19 
26 
30 

Apr. 16 
20 

May 10 
16 
18 
22 
27 

June 4 
18 
21 
22 
22 
22 

July 12 



Aug 



536 
589 
911 
966 
995 
1010 
1037 
1133 
1235 
1444 
1498 
1513 
1633 
1659 
1767 
1881 
1918 
1945 
1956 
1963 
2230 
2314 
2562 
25^2 
2C35 
2728 




Sunday Herald 

Sunday Gazetto 

Sunday Chronicle 

"Washingtoner Auzeiger 

New National Era 

The Capital 

Evening Star 

Wa8hin<;toner Anzeiger 

Chronicle Publishing Company 

do ■ 

Washingtoner Anzeiger 

Evening Star, (M street commission) 

Evening Star 

Sunday Herald 

Evening Star 

Georgetown Courier 

Washington Times 

do 

"Washingtoner Anzeiger 

Patriot , 

Critic 

Sunday Chronicle 

Kopublican 

Sunday Herald 

Sunday Gazetto 

Georgetown Courier 

Columbia 

do 

do 

Evening Star 

Sunday Herald 

New Xatiiinal Era 

Chiiiniile Publishing Company 

AVashingtoner Anzeiger 

Georgetown Courier 

Suniiav Clironicle 

The I'liiiital 

Sunilav ("lirouicle 

Washington Times 

Chronicle Publishing Comi»any 

Patriot 

National Republican 

Sunday Herald 

National Itepublican 

Evening Star 

The Times 

Georgetown Courier 

Sunday Gazette 

New York Times 

Snndav Chronicle 

Philadelphia City Item 

SiiiKhiy Herald 

Xation;il Kepublican 

I'hiladelphia Press 

Patriot 

Boston Journal 

Chronicle Publishing Company 

New N:itional Kra '. 

National i;ei)nlilicaii 

Sunday ('hrouicle 

National Kopublican 

Georgetown Courier 

Sunday Herald 

Sunday Gazette 

Sunday Chronicle 

Nationnl Republican 

TheTinies 

Snn<lav Herald 

CliKiniele Publishing Company 

Evening Star 

(ieorgi'town Courier 

The(':ipital 

Sunday Herald 

(ieor^itown Courier 

Colored Citizen Company 

Sunday Gazette 

Republican 



$96 50 


146 25 


93 92 


150 50 


76 50 


67 75 


401 63 


146 00 


785 00 


125 00 


88 50 


222 76 


31 50 


37 75 


145 45 


76 75 


68 80 


19 00 


4 00 


25 00 


69 72 


24 48 


930 79 


12 25 


39 00 


17 50 


11 .50 


47 50 


5 00 


54 00 


13 00 


45 00 


57 00 


33 00 


12 00 


70 40 


21 75 


20 80 


14 40 


57 00 


4, 364 65 


30 50 


111 56 


24 00 


174 38 


130 50 


25 60 


16 50 


54 00 


33 60 


34 88 


37 20 


40 25 


85 32 


19 50 


20 00 


14 87 


256 13 


12 75 


55 69 


13 44 


124 13 


34 50 


40 75 


59 50 


26 08 


204 19 


40 00 


48 00 


228 00 


374 63 


28 00 


91 .50 


11 00 


16 00 


15 00 


68 00 


165 94 



PAYMENTS FOR PRINTING AND ADVERTLSING. 
Advertising — Continued. 



2451 



Date. 



Number of 
vouchor. 



Sept. 



Oct. 



1872. 
Aug. 21 
21 
21 

7 
14 
21 
2G 

28 
1 

a 



15 I 
17 , 
17 I 



Nov. 



Dec. 



1873. 

Jan. 14 
18 
20 
20 
20 
21 
24 
25 

Mar. 26 

Apr. 18 

Juoe 9 
18 
27 

July 19 
29 
31 

Aug. 13 
21 
30 

Oct. 2 

2 

24 

Nov. 22 
24 

Dec. 15 



1874. 

Jan. 9 

23 

Mar. 5 

17 



2795 
2805 
2807 
2944 
2966 
2986 
3014 
3055 
3068 
3071 
3078 
3079 
3222 
32-29 
3231 
3356 
3373 
3450 
3451 
3455 
3646 
3653 



120 

213 

224 

225 

233 

268 

330 

379 

1443 

1641 

1920 

2003 

2057 

2279 

2355 

2.387 

2506 

2575 

2729 

3168 

3178 

3507 

3946 

4006 

4511 



151 

429 

801 

1010 



Amount. 



Colored Citizen Company. 

Irish Republican 

Huiidav Chrouiclo 

Anzeiser 

Colored Citizen Company 
Republican ^ 



Colored Citizen 

Georjietown Coiirier 

The Critic 

Sunday Herald 

Irish Republican . . . 
do 



Coliircd Citizen 

SiiMihiy Cliropiclo. 
Suik1;i,\ (iMzette ... 
Colored t'itizeu ... 
New Yorli Even in j 

Sunday Herald 

do. 

Irish Republican . . 

The Critic 

Sunday Oa/.ette 



Post . 



Capital 

Colored Citizen 

Chronicle Publishing Company. 
do ." . . 



Georgetown Courier. 

Evening Star 

Republican 

Auzeiger 

Daily Chronicle 

Clitic 



Georgetown Courier. 

Siindiiy Chronicle 

Suiul.iy (iazetto 

National Republican 

Daily Cluoniclo 

Capital 



Sunday Herald 

New -N'ational Era 

('rcoi;:ft<iwn Courier 

The Capital 

Sniidav Ilirald 

lMiiladrl|diiaCity Item. 

.Sunday tiazi^tto 

The Critic 

Sunday Chronicle 



S20 00 

21 00 
42 81^ 

100 oo 
2.5 00 
142 50 

18 75 
48 .50 

158 35 
61 75 
!)9 75 

22 00 
22 50 
.50 24 
70 25 
30 50 

19 44 
22 00 
41 00 
88 50 
83 20 
61 75 



4,015 75 

89 50 

4 40 

192 38 

217 88 

29 00 
417 00 
100 13 
231 11 
164 06 

25 68 

38 50 
112 96 

59 50 
.340 13 
392 25 

38 25 

102 50 
40 50 
62 00 

103 00 
129 75 
234 00 
1.52 50 

54 04 
28 10 



Total 3, 360 18 



AVashington Journal 

do 

National Republican. 
Sundav Chronicle . . . 



245 75 
95 50 

573 19 
03 20 



977 64 



RECAPITULATION. 



Amount of hills, 1871 ^4, 364 05 

Amount of hill.s, 1 872 4, 015 7."> 

Amount of hills, 1873 3, 360 18 

Amount of bilLs, 1874 977 64 

Total 12, 718 22 



2452 



AFFAIRS IN THE DISTRICT OF COLUMBIA? 



Job printing — blanks and blank bookf. 



Date. 



1871. 

Sept. 13 
28 

Oct. 3 

Nov. 18 
18 

Dec. 22 
27 
29 
30 
30 



1872. 

Jan. 19 

Feb. 28 

Mar. 1 

23 

May 3 

June 1 

4 

July 1 

6 

12 

12 

19 

Aug. 9 

Nov. 30 

Dec. 7 



1873. 

Jan. 23 

Feb. 10 

10 

13 

27 

Mar. 31 

May 9 

Sept. 6 

17 

24 

Nov. 25 



1874. 
Feb. 7 
Mar. 5 
12 



Number of 
voucher. 



57 to 69 

171 

199 

365 to 367 

431 to 435 

941 to 943 

1036 

1050 to 1059 

I060tol06.i 

1070 



175 to 177 

580 

590 

1001 

1359 to 1361 
1691 
1735 
2029 
2134 
2308 
2218 
2312 

2660 & 2661 
3575 
3608 



388 

098 

707 

760 

1047 

1457 

1735 

2825 

2977 

3077 

4031 



592 

801 to 808 

941 



To whom paid. 



Chronicle Publishing Company. 

do 

do 

do 

do 

do 

do 

National Republican 

Gibson & Brothers 

Chronicle Publishing Company 



National Eepublican 

Gibson Brothers 

National Eepublican 

do 

do 

Gibson Brothers 

do 

National Republican 

do 

Chronicle Publishing Company. 

National Republican 

do 

do 

do 

Gibson Brothers. 



National Republican 

, do 

National Republican, (report) 

Reed & Woodward 

National Republican, (report) , 

Gibson Brothers 

National Republican 

do 

do 

Gibson Brothers 

do 



Chronicle Publishing Company, (report) , 

National Republican 

do 



Amount. 



Total 2, 281 00 



Total 2, .531 2 



Total 7, 134 9 



Total... 9,540 63 



RECAPITULATION. 

Amount paid for printing in 1871 $2, 281 00 

Amount paid for printing in 1872 2, 531 25 

Amount paid for printing in 1873 7, 134 95 

Amount paid for ijriuting in 1874 9, 540 63 

Total 21,487 83 

ENGKAVING AXD PKINTING. 



Date. 


No. of 
voucher. 


To whom paid. 


Amount. 


Dec. 9, 1872 


3693 
1718 
2707 
3381 
4186 




|2, 500 00 


May 3, 1873 


do 


1,601 30 


Aug. 29, 1873 


do 


800 00 


Oct. 13, 1873 


do 


1,702 20 


Dec. 2, 1873 


do . 


1, 167 00 




Total 






7, 770 50 









ESTIMATES FOK AITROPKIATIONS. 



2453 



11 



Q 00 









<;:> 


;. 




c 


5 




^ 






^ 




O 




1-. 


«- 


■*^ 




■I! 


"^ 


CO 


'"' 






1 


=0 


O 

Ci 








S' 


* 


S! 















•2 r* .s 



«■■? 5 

^ o "^ 
^ p" ~ 

^ ^ ■«- 

S 2-. I 

^ .2 ^ 

•— r" « 

£ £-.2 
^ i'-^ 2 

? ~5 '5 

= £'=»' 



» It 2 



OS 



"I 



o| 



= S a 
o ""..2 
a-, 2 



K<"* > 



xejjo9?BH^ 



OgB 

©00.2 
g<c-g 



•XB4J0 9Jt!a; 






■i^> 



XBJJ0 9:jBJJ 



a — 

i. a.' 



XBJJ0 91T?}! 






C = O 3 

o o oo 

o o s o 
c c: = o 
o o o o 



« o 



0^0(M0000 o oooo 



^ 500000 

oooooo=o 

ooorrooo.- 

O t- l~ L'V O O 5» ! 



^ ooorroooo o o(^o 



O OO o 

o *n 

O I- _ . 
I- o 0» 00 



-r o t- -T 1- ; 



• -o — c. r: 



o o 

o o 
r- o 



0:000 
0000 

I-— O L-^ 

o o o t- 

OJUT O oo 



50000000000 

50000000000 



o o 

000000000 



^-' ^.J ^^ ^— ' ^^ ^^ — ^ ^J ^^ >r. <^; ^^ 
000000000 i^ 00 

o o 1^ it; o t— « 10 it: *^ o oo 



00000000000000 
poooooocoooooo 

cooooooooooooo 

(OOOOOOOOO'TfOOOO 

o*^i-*"Tr"c;'v»r:in:c«-0 7<o 
L";" af cf <?•' Iff « its" 'r -r ^f i.- sf 



mo o 00 
CO o 00 o 

m o o o o 

OD O O O O 



O O 

o o 
o o 

o"o" 



000 

= 
000 

rH CO O 



O O 

o o 



*•• = 



M>7; Ot- 

O o c o 

•J a 2 " 

? = ^ 



« X 






1 af-"i;«°*.*x??«=::'o 

H ?i = « 




eta. 



° " - a!t: 

3 ? ■^' - ^ o '= 5 
'a S S If"" a !" 3 

S ,= § " " 



H» 



2454 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 







0= • 
oo a 








o 


o o c 




-I- in o o i- 


l.O 




o 










CO 












o 


OOOOO'5'G^OO.t^r-i 




o 


CJ CO 


® 


© 


tct.S 




•r 


»--ooir;«ooooio 




o 


CS d 








1 


L-^Ot-O— 'COOOC^GTJ 






O CO 


a 




ly 




^ 


iCC^COTTlOOOOOf-O 

■^'' cT oo" GO t-^ o" o" o ■^'" rf 




o 


o" i--" 


k 


1 


> 00^3 






Of(?J-TrH,HaU<?IQ0C* 




o 


CO tH 




■!& 


CO I-" 1-1 






CO 


O 


o 
^ 


^ 






























a 

CS 

a" 




•XB^J0 8:H3a 
































9 
o o a 

£§.2 










o 
o 

o 




ICO 


o 
o 

o 








o 
o 

CD 






o 




ag'S 










t- 




CO 


o 








CO 








t-. bx; 










CO 






o 








30 








■>^ a 


oj ii 3 
































a-" 












00 














cC 


















s 




^ 


CM 








o 






■xB}jo9jT?a: 




































"S'S 




































a 






























O rH 




Sga 

C 00 « 








O 




-^ 














o 






o . 








O 

o 




■^ 

M 








S 




o 
p 


CO 

CO 


u 


"" a 








CT 




>rj 








CC 










i 


C5| 


a; CO S 

1^^ 








cT 




t-" 








c^ 






crT 


i 1-" 




o2 








■^ 
» 




r-i 








CM 




CO 




.2 


>5 

5 
































o 


•xBuoojBa 1 






























© -.2 






o 




^ 




Q 


t- 






CD 


CC 




§ 


a 






o 




00 




° 








O 






•s 


"So . 


5 "= rt 






s 




o 




o 


CO 

1- 






o 


g 




o 




t» f?^ rs 






•I*" 




00 




o" 


Tt" 






co" 


o" 




A 




ffi OD ^ 






o 




•V 




oo 


00 






o 






p 


«*^ 






CO 
















o 


in 




































•xuijoa^BH 












I 












'^ 


^/^ ■ 
















o o c 


loll o o o -H T)< loo o h-ir 


CTJ 




o o 


^ 


O O CD O -^ 










= 


O O O 00 ^ 0( o o t- .- 


■^ 




o o 


o 


O O <JJ O CO 






D9 


TP O C 


^ 


— ■ O O lO CO O O O O 1.' 


^ 




o o 


o 


O CO — ODrH 








— o c 


c 


bOOt-Or-COOOCOOC 


C 




c= O 




O O O CO O 






"« 


^ t-c 




incicoTPoccoof^tc 


C 




o o 


o 


CS c; O CO lO 






"o 


cT— "a 


c 


■^' cT oo" oo i-^ o" o" o •^*' c^ 


t^ 




co"r-^ 


co' 


CO co'co't-Tiff 






«( 


(M CJ C 


^ 


O-3'C<-^"-lrH00<HQ00J 






t~ CM 


o 


CO rt _; ,4 








^ -- 






^ 




o 






o 


-4^ 












1 


























II 










C3 




IS 


o 


c 






O O CR rt 




t' L- 




1 


















S 




■Sri 


o 




c 


'==' 


O lO o c< 




t- I- 


■^ 
























a t^^ 


■^ 




•^ 


o 


O TOf t- 




O If 






















a> 




« X r^ 


.H 


c 






O 'J" C-. o 




CO cr 


a 






















P 


t— ' 




^ 


o 


-^ rH ^ rH 




oo- 


c; 




















o 




cf 


c 


m 


LO" 


o'ttCM" 




cTt- 


I- 




















^ 




^i 


w 


c 




Q> 






c 




















"H 






















o 






o o c 


c 


0000 1.-5 100000 


c 




o o 


c 




m 




a 05 


o o c 


<= 


OOOOU1--OOOC 


c 




o o 




oooco 


« 




g O) 


o o c 


^ 


T--OOC*(M»0 0000 


^ 




o o 


c= 


oo — oc -1 


cC 




.5 « 


oo<= 




IC'^i^'^lOOOOOO 


CC 




o o 




O O CO o 


tX) 




T o »r 


■<r 


t~to-3<»(r»rfoooc^ 








o- 


c: CO CO o 


0^ 




*- ft 


r-T O 


T 


oo oo" "sji" ^ rn" cf O" cT (7f C^ 






liO t-" 


c^ 


co'co't-^-itT 


si 




a 7 


-- C^ 




0-. S< rt 00(r»-.rH 


1- 




I- CM 








a* 


<!©i 






c 




LO 




lO 


-^ 
























O . 


oo<= 


o 


o => o ic o in 




oc 


c 




o 


















oo c 




OOO CM O (M 




o c 






o 




















oo c 


c 


O O O O CC CO 




oo 


l- 




(^ 


















.i: ** 


o o :rj 


c 


O CO in — ^3 O 




^ o 






o 


















t- 2 


osJir 


c 


oo lo -r o t- o 




i--r 




1 




















«s 


aT-TiT 


f 


O-O-CO-f-'-NtO 




co'cN 


- ,, 


1 


^- 


















c« O 


^CTir 


ac 


O^ CM <>» O Tl 




CM 
























yj 






r-. r-l 






c 


1 






























^ 
















c3 


































O 


















































o 
















































o 


















































o 


"73 
















a 
































,c 


















































gr 


•^ 
















3 
































^■og 
















^ 
















































o 
































§-=M 
















't^ 
































CD n 






























rK 








a 


1 






a °3 
















p 

a 












; 


^1 




! 


1 












a 
o 










o 

a 


o 






^ 


a H a 
o a o 
■n o.":3 




; 


3 

3 


a 
a 
'3 








.« a a 


1 


= 




3- 


a 






S cj oj c3 








a> a r 

is- 

O 2 r 


c 

n 
e 
;^ 

a. 


. "c 


o|^;2gg^f,|a^ 
9; 3 tt-^ Si --.r; r'~- i 

J ;:5 t^ M 




o 


IIP 

liii 1 

-2 9 a o H 


i§ 

o u 

t-ls 

cS 


If 1 

c3 e 








s 


;; 


P^ 




K 






(^ 






X 




cr 








(^ 


-a 








p= 


^ 




O 





ESTIMATES FOR AITKOPKIATIONS. 



2455 



o 
o 

OS 

o 

00 

■£ 










1 
1 
















1 
1 








§ 

i 











[ 

1 






































! 

1 




















1 
















































§ 

o 


§ 

o 
n 


in 

00 

5i 

txT 
o 






























- 


g 

s 

u 

o 
o 

§ 


g 

OS 

of 

-J 

o 
in 




- 


- 


- 


T 

"Z. 

c 
c 

"3 


; 


1 




n 
a 

1 




c 1 


J 


= 





2456 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



District of Columbia, Comptroller's Office, 

Washington, June 8, 1874. 
Sir : I have the honor to forward herewith, as requested by your communication of 
the 5th instant, a statement in detiil of the interest on the bonds and stocks of the 
government of the District of Columbia and of the late corporations of Washington 
and Georgetown due and payable, in currency, July 1, 1874, calculating gold at 12A 
per cent, premium, aggregating $256,238.45. 

Very respectfully, your obedient servant, 

GEO. E. BAKER, 
Comptroller of the District of Columbia. 
Hon. Wm. B. Allison, 

United States Senate, Chairman Joint Committee 

Investigating Affairs District of Columhiu. 



Statement in detail of the interest on the bonds and stochs of the government of the District of 
Columbia, and of the late corporations of Washington and Georgetown due and payable, in 
currency, on the 1st day of July, 1874. 





Interest. 


Bonds is- 
sued <fc out 
standing. 


Interest. 




Bate. 


When payable. 


DISTRICT or COLUMBIA. 

Permanent improvement bonds 

Do 


6 9o, gold 

7 %, currency. 


January, July 


S4, 000, 000 

260, 000 

350, 000 

450, 000 

35, 000 

15-2, 400 

100, 001 

18, 700 

6,000 


.?135, 000 00 
9, 100 00 


Do 


do 


18, 550 00 




do 


do 


15, 750 00 


Do 


... do 


do 


1,225 00 




do 


do . 


5 334 00 




....do 


do 


3, 500 00 




do 


do 


654 50 


Georgetown steam force-pump bonds . 


7 310 "u, cur.. 


do 


219 00 








Total District of Columbia 


5, 552, 100 


18!', 332 50 




6 "6, gold 

5 %, currency 

6 %, currency 
... do '. 


January, July 

Jan., April, July, Oct. . 
do 




LATE CORrOKATIOX OF WASHINGTON. 

Funding loan bonds 


1, 150, 000 

54, 807 

685, 517 

4S, 800 

61,418 

355, 483 

6,850 


38,811 50 




785 08 


Do 


10, 282 75 


Chesapeake and Ohio Canal stock 


1, 464 00 




... do 


Jan , April, July, Oct. . 

January, July 

do 


921 27 




...do 


10, 665 OO 




7 3-10 "o, cur.. 


200 02 










Total late corporation Washington 


2, 362, 875 


63,030 62 


6 %, currency . 
8 %. currency 
6 %, currency. 


Jan., April, July, Oct. . 

do 

do 

do 




LATE CORPOUATION OF GEOKGETOWX. 

General stock 


180, 885 
20, 000 
20, 00(J 
30, 804 


2,713 27 




400 00 


Bounty stock 


300 00 


Market stock 


4(52 06 










Total late corporation Georgetown. 


251, 689 


3, 875 33 








Grand total 


8, 166, 664 


256, 238 45 











The foregoing is a correct statement of the interest falling due on July 1, 1874, on 
thf bonds and stocks of the District of Columbia and of the late corporations of Wash- 
ington and Georgetown. 

GEORGE E. BAKER, 
Comptroller of the District of Columbia. 
Comptroller's Office, 

Washington, D. C, June 8, 1874. 



AMOUNTS DUE UPON CERTIFICATES. 



2457 



Memorandum of amounts due July 1, 1874, upon S per eent. ecrtlfieates is- 
sued in antieipation of assessment-ecrtijieates and sewcr-ecrtijieates. 

Eight per ccn*-. certificates issued §'-, 9'_'^' ^00 

Less aiuouut received for taxes, say ;'>'>*J, ^00 

1,450,000 

One-liftli of these fall due July 1, 1 874, is $290, 000 

Interest for six mouths ou §1,450,000, 4 per ceut 58, 000 

July 1, 1874, due ou this account 348,000 

St'icer-ceriiftca tes. 

Is,sued on this account - 2, 120,000 

Less amount received as taxes 500, 000 

Less amount held by District of Columbia 80,000 

Less amount held by board of public works, hypothecated for 

loan, $225,000 450,000 

1,030,000 

Amount outstanding 1,090,000 

Of which one-fifth fall due July 1, 1874 $218, 000 

Interest for six months on $1,090,000 due July 1, 1874 43, 600 

J Illy 1, 1874, due on this account 2G1 , GOO 

Due ou account of 8 per cent, certificates, July 1, 1874 348, 000 

Due ou account of sewer-certificates, July 1, 1874 2G1 , 600 

Total 609,600 

All of above will be re-imbursed from assessment certificates when collected and 
available. 



Tahle of taxes produced, at rates from one-fourth of one eent up to two dollars on each one 
hundred dollars, on estimated valuations for the assessment made on the real estate and im- 
provements in the cities of Washiw/ton and Georgetown, and the county of Washington, com- 
prising the District of Columbia, for the fiscal year ending June 30, 1875. 



Eate of tax on each $100. 


Washington City; 
val., e«2,102,000. 


City Georgetown; 
vill., §6,382,300. 


"Washington Co. ; 
val., 19,746,800. 


Aggregate val na- 
tion, §98, 231,100. 


lo.ooi 


S2, 0.52 55 

4, 105 10 

6, 157 65 

8, 210 20 

16, 420 40 

24, 630 60 

32, 840 80 

41,051 00 

82, 102 00 

123, 1.53 00 

164, 204 00 

20.5,255 00 

246, 306 00 

287, 357 CO 

328, 408 00 

36!), 4.59 00 

410, 510 00 

4.51, .561 00 

492, 012 00 

.533, 6C3 00 

.574,714 00 

615, 765 00 

0.5(i, 816 00 

097, 867 00 

738,018 00 

779, 969 00 

821,020 00 

1,042,040 00 


.$1.59 56 

319 11 

478 67 

63? 23 

1,276 46 

1,914 69 

2, 5.52 92 

3,191 15 

(i, 382 .30 

9, 573 45 

12, 764 60 

15, 9.55 75 

19, 140 90 

22, 338 05 

25, 529 20 

28, 7^.0 35 

31,911 .50 

35. 102 05 

38,293 80 

41, 484 95 

44,670 10 

47, 867 25 

51,0.58 40 

.54,219 .55 

.57, 440 70 

60,631 85 

63, 823 00 

127, 64t; 00 


.S243 67 

487 34 

731 01 

974 m 

1,949 30 

2, 924 04 

3, 898 72 

4, 873 40 
9, 746 HO 

14, 620 20 
19, 493 60 
24, 367 00 
29, 240 40 
34, 113 80 
38, 987 20 
43, 860 60 
48, 734 00 
53, 607 40 
58, 480 80 
63, 354 20 
68, 227 60 
73, 101 00 
77,974 40 
82, 847 80 
87,721 20 
92, .594 60 
97, 468 00 
194, 936 00 


$2, 555 78 


0. OOi 


4,911 .55 


O.OOi 


7, .367 33 


0.01 


9.823 11 


0. 02 


19,646 22 


0.03 

0.04 

0.05 

0. 10 


29, 469 33 
39,292 44 
49,115 45 
98,231 10 


0. 15 


147,346 65 


0.20 

0. 25 


196, 462 20 
245, .577 75 


0.30 

0.35 

0. 40 


291,693 30 
343, 808 85 
392, 924 40 


0.45 

0. 50 

0.,55 

0. (iO 


442, 039 95 
491, 155 50 
540.271 05 
589,386 60 


0.«5 

0. 70 

0.75 


638, .502 15 
0.S7, 617 70 
736, 733 25 


O.fO 

0. t<5 

0. 90 

0.<t5 

1.00 

2. 00 


785, 848 80 
834, 964 35 
884. 079 90 
933, 195 45 
982,311 00 
1,964.022 00 


12.61i proof 


10, 357, 167 30 


805, 127 15 


1, 229, 558 81 


12, 391, 853 26 







Note.— The above valuations inchide all property, exempted or not, and in the connty it also covers 
$1,115,000 for track, bridges, &c., of the Baltinion> and Ohio, nalliinore and Potomac, and tlu) Washington 
City and Point LookoiitTiiailroad Conipauics, returned by the assc.><.sor« a.-* taxable. 

155 D C T 



2458 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



District of Coiamuia, Comptkolleh's Oi'I'kk, 

IVashirigton, June U, 1874. 

Sik: I have the Louor to furnisb bere-witb astateiiieut of the number of the officers 
and employes of the government of the District of Columbia, with their annual 
salaries, and the aggregates for one month. 

I am, very respectfully, your obedient servant, 

GEO. E. BAKER, 
Comptroller of ihc District of Cohimhia. 
Hon. \Vm. B. Am-lsox, U. S. S., 

Chairman Joint Committee Inrestigaiinf/ Affairs of JJistriet of Cotiimhiu. 



Statement of number and salaries for one month of the offieers and employes of the gocern- 
ment of the District of Columbia, as allowed and fixed by the acts of the legislative as- 
sembly. 



Ucpartuient and rank. 



EXECUTIVE. 

Officer 

Do 

Officers '. 

Deputies, &c 

Clerks 

Do 

Coroner 

Clerks, &c 

Assessors and garbaj^e-collectors 

Messengers, &c 

Market-masters, &c 

Lamplighters, «fcc 

Assistant market-masters, &c 

Treasurer common-school fund 

Commissioners Washington Asylum 

Inspectors of coal 

Sealers of weights and measures 

Total executive 

rOI.ICK DEPARTMENT. 

]\[ajor and superintendent 

Commissioners 

Treasurer 

Secretary, property-clerk, and inspector 

Superintendent police-telegraph 

Clerks 

Surgeons 

Lieutenants , 

Detectives 

SPTgeants 

Privates 

Laborers 

Total police 

ITKE DEI'AliTMEST. 

Commissioners 

Chief engineer 

Assistant engineer 

Su])eriutendent fire-alarm telegraph 

Operators fire-alarm telegraph 

Secretaiy and treasuier 

Foremen and engineers 

Tillermen, hostlers, and firemen 

Privates 

Total tire department 



1 

4 
1 
3 
1 
3 
3 
10 

20 

200 

10 



Salaries. 



Annual. 



$5, 000 00 

4,000 00 

3,000 00 

2, 000 00 

1, 800 00 

1, 500 00 

1, 250 00 

1,200 00 

1, 000 00 

900 00 

800 00 

600 00 

500 00 

400 00 

250 00 

200 00 

100 00 



990 00 
245 00 
300 (10 
720 00 
C20 00 
620 00 
270 00 
540 00 
660 00 
510 00 
480 00 
360 00 



200 00 
1,500 00 
1,200 00 
1, 500 00 
1, 200 00 
1, 000 00 
1,000 00 
800 00 
720 00 



Monthly 
aggregates. 



ijillG 67 
333 33 

1, 500 00 
1,333 33 

750 00 

1, 125 00 

104 17 

500 00 

2, 166 67 
1, 050 00 

133 33 
2, 100 00 

166 67 
33 33 
H3 33 
33 33 
16 67 



12, 345 83 



82 50 

81 67 

25 00 

180 00 

51 67 

155 00 

67 50 

450 00 

330 00 

850 00 

8, 000 00 

300 00 



10, 573 34 



116 67 
125 00 
100 00 
125 00 
200 00 
83 33 
916 67 
800 00 
2, 160)> 



4, 626 6' 



SALARIES OF OFFICERS AND EMPLOYES. 



2450 



SlalcmiHt of iniinber and salaries fur one mouth of the o£iccni and employes, cjc. — Contiuued. 



Drpartiucut aud rank. 


M 

8 

a 


Salaries. 


Annual. 


Monthly 

agsiCKates. 


SCHOOL?. W.VSIIIXGTON. 


1 

1 
1 

1 
1 
1 
1 
2 
o 
6 
4 

li 
3 
21 
19 
17 
26 
15 


:52, OtJO 00 

800 00 

200 00 

1, 000 00 

800 00 

720 00 

4U 00 

300 00 

1,800 00 

1, 750 00 

1, 200 00 

I, 000 00 

9,W 00 

900 00 

850 00 

800 00 

750 00 

700 00 

C.50 00 

600 00 

550 00 

250 00 


$166 07 
66 67 






16 67 




166 67 




66 67 


Do 


60 00 


Do 


37 00 


Do 


25 00 




300 00 


Do 


291 67 


Do 


600 00 


Do 


333 33 


Do 


158 33 


Do 


900 00 


Do 


212 50 


Do 


1,400 00 


Do 


1, 187 50 


Do 


991 67 




1,408 33 


Do 


750 00 




641 67 


Do 


a3 33 








156 




9, 863 68 




1, 000 00 
500 00 
200 00 
1, 100 00 
1, 000 00 
800 00 
700 00 
650 00 
400 00 
60 00 


SCHOOLS, GEOUdCTOWX. 




83 33 




41 67 
16 67 






91 67 


Do 


83 33 




1:J3 33 


Do 


116 06 


Do 


216 67 


Assistant teachers 


133 33 




20 00 








21 




936 67 










1 
15 
13 

28 


500 00 

900 00 

600 00 

30 00 


41 67 
1, 125 00 


Do 


650 00 


Janitorn 


70 00 






Total county schools 


57 




1, 886 67 







RECAPITULATIOX. 



Departments. 



Ksfloitive 

Police departnieut . . 
Fire department , . . . . 
.Schools, WaHhin;;ton 
Schools, Goorfrotowu 
School.s, county 

Grand total 





No. 


Amonnt. 




139 
262 
72 
156 
21 
57 


112, 345 ai 
10 573 34 






4 626 67 




9, 863 68 
936 67 






1 886 67 








707 


40, 232 86 





CoMrTKOui.Kic's Oi-KK i;, D. C, Mashitufin,,, Jimc •>, Hf.l. 



GEO. E. BAKER. 

Comptroller D. C. 



2460 



AFFAIRS IN THE DISTRICT OF COLUMBIA. 



Sttmmary staicmoit of emploiii's in Ihc hoard of puhlle ivorln, niih ><(ihtr'ufi, taliug the monih 

of Mail, 1^*4, ax a baHix. 



(.'ompensation. 



IJank. 



Per annum. Per diem. Per month 



Superintendent of assessments 

Assistant superintendent of assessments. 

Paymaster 

Auditor 

Three assistant engineers 

Superintendent of roads 

Sn])<riiit(*iident of streets 

SuperititindiDt of sewers 

Superiu Undent of jras 

Superintendent of property 

Four levelers ." 

Secretary 

Chief clerk 

Oue inspector 

One inspector 

Three inspectors 

One inspector 

One leveler 

One clerk 

Five clerks 

One clerk 

Twelve clerks 

Two clerks 

Thirty-one clerks 

Three clerks 

Six clerks 

Two clerks 

Five clerks 

Five clerks 

Two clerks 

Sewer-tapper 

One draughtsman 

One draughtsman 

Three draughtsmen 

Assistant inspector of buildings 

One rodman 

Four rodmen 

Five axraen , 

Two watchmen 

One watchman 

Oue watchman , 

One watchman 

Two messengers 

Four messengers 

T wel ve messenger.? 

( )ne messenger 

Two messengers 

Five messengers 

One general superintendent 

Six general superintendents 

Forty-three special supeiintendents 

Seven si)ecial superintendents 

Two hundred and five employ6s. 



Total. 



*2, .^00 
1,800 
2,500 
3,000 
3, COO 
a, .--lOO 
2,500 
2,500 
600 
2,200 
2,000 
2,400 
2,200 
1,800 



2,100 
1, 800 
1. fiOO 
IjoOO 
1, 400 
1,200 
1,000 
900 
COO 



1,200 

'i,'566 



1,200 
760 
600 



flOO 
720 
600 



$5 00 
4 00 
3 00 
C 00 



5 00 
4 00 
3 00 



6 00 



4 00 
2 50 
2 50 



2 50 

2 00 
1 50 
C 00 
5 00 
4 00 

3 00 



$208 33 
l.iO 00 
208 33 
250 00 
900 00 
208 33 
208 33 
208 33 

50 00 
183 34 
666 67 
200 00 
183 34 
150 00 
130 00 
312 00 

78 00 
156 00 
175 00 
750 00 
133 34 
1, 500 00 
233 34 

3, 720 00 
250 00 
450 00 
100 00 
C50 00 
520 00 
156 00 

62 50 

156 00 

100 00 

312 00 

125 00 

104 00 

260 00 

325 00 

200 00 

60 00 

50 00 

93 00 

l.'iO 00 

240 00 

600 00 

65 00 

104 00 

195 00 

156 00 

780 00 

4, 472 00 
546 00 



22, 244 18 



I certify that this is correct, according to the roUs for the month of May, 1874. 

FRANK T. HOWE, 

Chief Chrk. 



i'V 



,-c 



